Drugs and psychoactive substances
Supplying / PWITS a psychoactive substance
Psychoactive Substances Act 2016, ss.5, 7
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- See guideline / charging decision
- Maximum penalty
- 7 years’ custody
Actus reus
- s.5: intentionally supplies a psychoactive substance to another, or offers to supply, or is concerned in supply (Psychoactive Substances Act 2016 — read the charged verb). s.7 is possession with intent to supply. Subject to s.11 exceptions.
Mens rea
- Knows or suspects it is a psychoactive substance, and knows or is reckless as to whether it is likely to be consumed for its psychoactive effects (as drafted for the charged section).
Defences
s.11 exception · Not a psychoactive substance · No knowledge or suspicion · No supply / no intent to supply
Sentencing Council
Sentencing Council guideline effective 01 April 2021. Offence range: Band B Fine – 6 years’ custody.
At the police station
Not an MDA controlled-drug supply charge. Confirm the forensic label and whether s.5 or s.7 is on the sheet.
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, ss.5, 7 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drug offences ↗