Possessing a psychoactive substance in a custodial institution

s.9Psychoactive Substances Act 2016

Possessing a psychoactive substance in a prison or other custodial institution, knowing or suspecting what it is and intending to consume it for its effects.

Possessing a psychoactive substance in a custodial institution · Psychoactive Substances Act 2016, s.9Card 125 / 195

Points to prove

Was in possession of a psychoactive substance
In a custodial institution
Knew or suspected that the substance was a psychoactive substance
Intended to consume it for its psychoactive effects

Key definitions

Psychoactive substance – s.2(1): any substance capable of producing a psychoactive effect in a person who consumes it, which is not an exempted substance (Schedule 1: controlled drugs, medicinal products, alcohol, nicotine and tobacco, caffeine and food).
Psychoactive effect – s.2(2): by stimulating or depressing the central nervous system, it affects the person’s mental functioning or emotional state.
Custodial institution – s.9(2) gives it the meaning in s.6. The s.6 definition has been repealed for England and Wales; the list for England and Wales is now in the Sentencing Code, s.72(9): a prison; a young offender institution, secure training centre or secure college; a removal centre, short-term holding facility or pre-departure accommodation; and service custody premises.
Intends to consume – unlike supply, the mental element is personal use. The person must intend to consume the substance themselves for its psychoactive effects.

Defences

Exempted activities – s.11 and Schedule 2: for example, a substance prescribed for the person by a healthcare professional.

Good to know

This is the only possession offence in the Act without intent to supply. Outside a custodial institution, possession for personal use is not an offence.
Possession with intent to supply in a prison is charged under s.7. Supply in a custodial institution is an aggravating factor for s.5 (Sentencing Code, s.72).
Many synthetic cannabinoids (“spice”) are now controlled drugs. Where the substance is a controlled drug, it is exempted from this Act and the Misuse of Drugs Act 1971 applies instead.

Legislation: Psychoactive Substances Act 2016, s.9 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possessing a psychoactive substance in a custodial institution: questions people ask

What are the points to prove for possessing a psychoactive substance in a custodial institution?

1. Was in possession of a psychoactive substance 2. In a custodial institution 3. Knew or suspected that the substance was a psychoactive substance 4. Intended to consume it for its psychoactive effects

What is the maximum sentence for possessing a psychoactive substance in a custodial institution?

2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is possessing a psychoactive substance in a custodial institution a summary, either-way or indictable offence?

Possessing a psychoactive substance in a custodial institution is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is possessing a psychoactive substance in a custodial institution?

Possessing a psychoactive substance in a custodial institution is an offence under the Psychoactive Substances Act 2016, s.9.

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