Supplying or offering to supply a psychoactive substance

s.5Psychoactive Substances Act 2016

Intentionally supplying, or offering to supply, a psychoactive substance where it is likely to be consumed for its psychoactive effects.

Supplying or offering to supply a psychoactive substance · Psychoactive Substances Act 2016, s.5Card 124 / 195

Points to prove

s.5(1)(a)Intentionally supplied a substance to another person
s.5(1)(b)The substance is a psychoactive substance
s.5(1)(c)They knew or suspected, or ought to have known or suspected, that it was a psychoactive substance
s.5(1)(d)They knew, or were reckless as to whether, it was likely to be consumed by the person supplied, or someone else, for its psychoactive effects
s.5(2)Or offered to supply a psychoactive substance to another, knowing or reckless as to whether that person or someone else would be likely 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.
Psychoactive effect – s.2(2): by stimulating or depressing the central nervous system, it affects the person’s mental functioning or emotional state.
Consumes – s.2(3): causing or allowing the substance, or its fumes, to enter the body in any way.
Exempted substances – Schedule 1: controlled drugs, medicinal products, alcohol, nicotine and tobacco products, caffeine, and ordinary food and drink.
Offer – s.5(3): for an offer, it is enough that the substance offered would have psychoactive effects if it were what was offered. A “fake” can still be offered.

Defences

Exempted activities – s.11 and Schedule 2: healthcare professionals acting in the course of their profession, activities connected with prescribed substances, and approved scientific research.

Good to know

The court must treat it as aggravated if an adult offender supplies on or near school premises while they are in use by under-18s (or within an hour either side), uses a courier under 18, or supplies in a custodial institution (Sentencing Code, s.72).
Since 8 November 2023 nitrous oxide is a Class C controlled drug, so it is now exempted from this Act. Supply is charged under the Misuse of Drugs Act 1971.
Simple possession is not an offence under this Act, except in a custodial institution (s.9). Possession with intent to supply is s.7.
Stop and search power: s.36, where an officer has reasonable grounds to suspect an offence under ss.4 to 9.

Legislation: Psychoactive Substances Act 2016, s.5 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 7 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

Supplying or offering to supply a psychoactive substance: questions people ask

What are the points to prove for supplying or offering to supply a psychoactive substance?

1. Intentionally supplied a substance to another person 2. The substance is a psychoactive substance 3. They knew or suspected, or ought to have known or suspected, that it was a psychoactive substance 4. They knew, or were reckless as to whether, it was likely to be consumed by the person supplied, or someone else, for its psychoactive effects 5. Or offered to supply a psychoactive substance to another, knowing or reckless as to whether that person or someone else would be likely to consume it for its psychoactive effects

What is the maximum sentence for supplying or offering to supply a psychoactive substance?

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

Is supplying or offering to supply a psychoactive substance a summary, either-way or indictable offence?

Supplying or offering to supply a psychoactive substance is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is supplying or offering to supply a psychoactive substance?

Supplying or offering to supply a psychoactive substance is an offence under the Psychoactive Substances Act 2016, s.5.

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