Explanatory note

This Supplementary Order Paper removes the offence of possessing a non-approved psychoactive substance. The Health Select Committee received advice that enforcing this provision will be difficult due to the length of time required to analyse a substance in order to determine whether or not a substance is an approved one. This does not support the notion that any penalty for breaching the provision should be an on-the-spot fine. Making the possession of an unapproved substance an offence does nothing to advance the purpose of the bill, which is to regulate the availability of psychoactive substances and to protect the health of, and minimise harm to, individuals who use psychoactive substances.