Page:Psychoactive Substances Act 2016.pdf/9

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4
Psychoactive Substances Act 2016 (c. 2)

(b) to deliver a drug-related consideration to P or a third person.

(8) A drug-related consideration is a consideration of any description which—

(a) is obtained in connection with the supply of a psychoactive substance, or
(b) is intended to be used in connection with obtaining a psychoactive substance.

(9) Condition C is that the offence was committed in a custodial institution.

(10) In this section—

“custodial institution” means any of the following—
(a) a prison;
(b) a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;
(c) a removal centre, a short-term holding facility or pre-departure accommodation;
(d) service custody premises;
“removal centre”, “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
“service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.

7Possession of psychoactive substance with intent to supply

(1) A person commits an offence if—

(a) the person is in possession of a psychoactive substance,
(b) the person knows or suspects that the substance is a psychoactive substance, and
(c) the person intends to supply the psychoactive substance to another person for its consumption, whether by any person to whom it is supplied or by some other person, for its psychoactive effects.

(2) This section is subject to section 11 (exceptions to offences).

8Importing or exporting a psychoactive substance

(1) A person commits an offence if—

(a) the person intentionally imports a substance,
(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
(d) 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) A person commits an offence if—

(a) the person intentionally exports a substance,