Advertising psychoactive substances is an offence under section 36ZG of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The definition of ‘substance’ extends to any plant, fungus or natural organism.
A ‘psychoactive substance’ is one which, when consumed by a person, has the capacity to produce a psychoactive effect.
A ‘psychoactive effect’ means:
The offence does not apply to:
Your advertisement may have been published or displayed in any manner, way, medium or form. It may be by words, whether written or spoken, by pictorial representation or design, or by any other representation by any means at all and the promotion of the psychoactive substance may have been direct or indirect.
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