Importing or exporting a psychoactive substance

Drugs and psychoactive substances — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Drugs and psychoactive substances

Importing or exporting a psychoactive substance

Psychoactive Substances Act 2016, s.8

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable: Either way
Maximum penalty: 7 years’ custody

Actus reus

Intentionally imports or exports a psychoactive substance (PSA 2016, s.8), subject to s.11.

Mens rea

Knows or suspects it is a psychoactive substance, and intends to consume it for its effects or knows/is reckless as to whether someone else is likely to (s.8 — read the subsection).

Defences

s.11 exception · No importation or exportation by the accused · No knowledge or suspicion it was psychoactive

Sentencing Council

Sentencing Council guideline effective 01 April 2021. Offence range: Discharge – 6 years’ custody.

View definitive guideline ↗

At the police station

Border cases may also be charged as CEMA evasion. Read both if they appear together.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

Statute:Psychoactive Substances Act 2016, s.8 ↗
Sentencing Council:Sentencing Council definitive guideline ↗
CPS:CPS — Drug offences ↗

More in Drugs and psychoactive substances

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.