(2) For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state; and references to a substance’s psychoactive effects are to be read accordingly.
(3) For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person’s body in any way.
3Exempted substances
(1) In this Act “exempted substance” means a substance listed in Schedule 1.
(2) The Secretary of State may by regulations amend Schedule 1 in order to—
- (a) add or vary any description of substance;
- (b) remove any description of substance added under paragraph (a).
(3) Before making any regulations under this section the Secretary of State must consult—
- (a) the Advisory Council on the Misuse of Drugs, and
- (b) such other persons as the Secretary of State considers appropriate.
(4) The power to make regulations under this section is exercisable by statutory instrument.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Offences
4Producing a psychoactive substance
(1) A person commits an offence if—
- (a) the person intentionally produces a psychoactive substance,
- (b) the person knows or suspects that the substance is a psychoactive substance, and
- (c) the person—
- (i) intends to consume the psychoactive substance for its psychoactive effects, or
- (ii) knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by some other person for its psychoactive effects.
(2) This section is subject to section 11 (exceptions to offences).
5Supplying, or offering to supply, a psychoactive substance
(1) A person commits an offence if—
- (a) the person intentionally supplies a substance to another person,
- (b) the substance is a psychoactive substance,
- (c) the person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and
