Producing a Psychoactive Substance (Section 4 Psychoactive Substances Act 2016)

Producing a psychoactive substance is an offence under s.4 Psychoactive Substances Act 2016. A person commits the offence if the person intentionally produces a psychoactive substance, knows or suspects that the substance is a psychoactive substance, and either intends to consume it for its psychoactive effects or knows, or is reckless as to whether, it is likely to be consumed by some other person for its psychoactive effects (s.4(1)). The section is subject to the exceptions in s.11 (s.4(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 7 years or a fine, or both; on summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), or 6 months if the offence was committed before 2 May 2022, or a fine, or both (s.10(1)). Officers have a specific stop and search power under s.36 of the Act.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Drug exhibits must be sealed and weighed in the presence of the suspect where practicable. Field testing kits provide a presumptive result only: formal analysis is required for court. Record any indicators of supply (scales, deal bags, multiple phones, cash). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).