Supplying a psychoactive substance is an offence under section 36ZF(2) 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 that, when consumed by a person, has the capacity to produce a psychoactive effect.
A ‘psychoactive effect’ means:
The offence does not apply to:
‘Consumption’ includes ingestion, injection, inhalation, smoking and any other introduction into the human body.
A court may be satisfied you knowingly or recklessly supplied a substance even though the usage instructions indicated it was not for human consumption when deciding your state of knowledge, the court may have regard to:
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