Entry and Search for Psychoactive Substances

Psychoactive Substances Act 2016, s.36

Warrant: Yes
Force: Yes
Notice: No

A justice of the peace may issue a warrant authorising a constable to enter and search premises if there are reasonable grounds for suspecting that an offence under the Psychoactive Substances Act 2016 has been or is being committed on the premises. Officers may also stop and search persons and vehicles where there are reasonable grounds to suspect they are in possession of a psychoactive substance with intent to supply.

Conditions

For premises: a warrant must be obtained from a justice of the peace on sworn information
For persons and vehicles: reasonable grounds for suspecting possession with intent to supply
The substance must meet the statutory definition of a psychoactive substance

Limitations

Exempted substances (alcohol, tobacco, nicotine, caffeine, food, medicines) are excluded from the Act
Personal possession of a psychoactive substance is not an offence: the power targets supply, production, and import/export
Stop and search of persons requires reasonable suspicion of intent to supply, not mere possession

Last updated 24 September 2026