Drugs and psychoactive substances
Producing a psychoactive substance
Psychoactive Substances Act 2016, s.4
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 produce a psychoactive substance (Psychoactive Substances Act 2016, s.4(1)(a)). Subject to the s.11 exceptions.
Mens rea
- Knows or suspects the substance is a psychoactive substance (s.4(1)(b)).
- Intends to consume it for its psychoactive effects, or knows or is reckless as to whether someone else is likely to consume it for those effects (s.4(1)(c)).
Defences
s.11 exception · Not a psychoactive substance · No knowledge or suspicion it was psychoactive · No production by the accused
Sentencing Council
Sentencing Council guideline effective 01 April 2021. Offence range: Band B Fine – 6 years’ custody.
At the police station
This is not an MDA controlled-drug production charge. Confirm the forensic label and whether supply (s.5) is the better description of the facts.
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.4 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drug offences ↗