Legal high ban to come into force across England and Wales

Drug experts say prohibition is a 'blunt tool' and call for increased emphasis on education

Friday 06 May 2016 12:57 BST

There was concern over whether the ban was enforceable (Christopher Furlong/Getty Images)

A blanket ban on ‘legal highs’ will come into force in England and Wales within weeks, the Government has confirmed.

The Psychoactive Substances Act will be enacted on 26 May, banning “any substance intended for human consumption that is capable of producing a psychoactive effect”.

The legislation is intended to cover all substances which imitate illegal drugs, such as mephedrone, but was dismissed as a “blunt tool” by drug experts, who called for more emphasis on education.

The act will ban the production, supply and movement for human consumption of ‘legal highs’, which the government said were linked to the deaths of at least 140 people in the UK in 2014.

But research by the Office for National Statistics found that in 60 per cent of the fatalities connected to legal highs between 2004 and 2013, the deceased had also ingested other substances.

Under the new legislation, dealers will face up to seven years in prison and people found possessing them will face up to two years in prison – the same as a custodial penalty for possession of a class C drug. New powers will also be handed to the police to search for and “seize and destroy” the substances.

Footage of some of the people in Newcastle city centre under the influence of legal highs

Police will be able to gain prohibition and premises orders, allowing them to shut down online suppliers and 'head shops' that sell drugs paraphernalia, while owners will face prison time of up to two years if they fail to comply.

However, senior drug experts have criticised the bill. Dr Adam Winstock, a consultant addiction psychiatrist and founder of the Global Drug Survey, believes a more nuanced approach is needed: just as illegal drugs are regarded differently, so should the new substances in their potential for harm.

In particular, the varying types of synthetic cannabis have the potential to be extremely harmful and are more likely to send people to A&E than any alcohol or other traditional drugs.

“This act will almost certainly decrease access to these substances, but will likely push people back towards illegal drugs, which in some cases might not be a totally bad thing,” Dr Winstock told The Independent.

“For example, natural cannabis is safer than synthetic cannabinoids.”

World's 10 deadliest street drugs

Show all 10

1/10World's 10 deadliest street drugs

World's 10 deadliest street drugs

Whoonga

Whoonga is a combination of antiretroviral drugs, used to treat HIV, and various cutting agents such as detergents and poisons. The drug is widely available in South Africa due to South Africa’s high rate of HIV sufferers, and is believed to be popular due to how cheap it is when compared to prescribed antiretrovirals. The drug is highly addictive and can cause major health issues such as internal bleeding, stomach ulcers and ultimately death

Getty

World's 10 deadliest street drugs

Scopolamine

Scopolamine is a derivative from the nightshade plant found in the Northern Indian region of South America (Ecuador, Colombia and Venezuela). It is generally found in a refined powder form, but can also be found as a tea. The drug is more often used by criminals due its high toxicity level (one gram is believed to be able to kill up to 20 people) making it a strong poison. However, it is also believed that the drug is blown into the faces of unexpecting victims, later causing them to lose all sense of self-control and becoming incapable of forming memories during the time they are under the influence of the drug. This tactic has reportedly been used by gangs in Colombia where there have been reports of people using scopolamine as way to convince victims to rob their own homes

World's 10 deadliest street drugs

Heroin

Founded in 1874 by C. R. Alder Wright, heroin is one of the world’s oldest drugs. Originally it was prescribed as a strong painkiller used to treat chronic pain and physical trauma. However in 1971 it was made illegal under the Misuse of Drugs Act. Since then it has become one of the most destructive substances in the world, tearing apart communities and destroying families. The side effects of heroin include inflammation of the gums, cold sweats, a weak immune system, muscular weakness and insomnia. It can also damage blood vessels which can later cause gangrene if left untreated

World's 10 deadliest street drugs

Crack cocaine

Crack cocaine first came about in the 1980’s when cocaine became a widespread commodity within the drug trafficking world. Originally cocaine would have attracted a high price tag due to its rarity and difficulty to produce, but once it became more widespread the price dropped significantly. This resulted in drug dealers forming their cocaine into rock like shapes by using baking soda as a way of distilling the powder down into rock form. People were doing this because it allowed for them to sell cocaine at a lower quantity and to a higher number of people. The side effects of crack cocaine include liver, kidney and lung damage, as well as permanent damage to blood vessels, which can often lead to heart attacks, strokes, and ultimately death

World's 10 deadliest street drugs

Crystal meth

Not just famous because of a certain Walter H White, but also because it is one of the most destructive drugs in the world. First developed in 1887, it became widely used during the Second World War when both sides would give it to their troops to keep them awake. It is also believed that the Japanese gave it to their Kamikaze pilots before their suicide missions. After the war crystal meth was prescribed as a diet aid and remained legal until the 1970s. Since then it has fallen into the hands of Mexican gangs and has become a worldwide phenomenon, spreading throughout Europe and Asia. The effects of crystal meth are devastating. In the short-term users will become sleep depraved and anxious, and in the long-term it will cause their flesh to sink, as well as brain damage and damage of the blood vessels

World's 10 deadliest street drugs

AH-7921

AH-7921 is a synthetic opioid that was previously available to legally purchase online from vendors until it became a Class A in January 2015. The drug is believed to have 80% of the potency of morphine, and became known as the ‘legal heroin’. While there has only been one death related to AH-7921 in the UK, it is believed to be highly dangerous and capable of causing respiratory arrest and gangrene

World's 10 deadliest street drugs

Flakka

Flakka is a stimulant with a similar chemical make-up to the amphetamine-like drug found in bath salts. While the drug was originally marketed as a legal high alternative to ecstasy, the effects are significantly different. The user will feel an elevated heart rate, enhanced emotions, and, if enough is digested, strong hallucinations. The drug can cause permanent psychological damage due to it affecting the mood regulating neurons that keep the mind’s serotonin and dopamine in check, as well as possibly causing heart failure

World's 10 deadliest street drugs

Bath salts

Bath salts are a synthetic crystalline drug that is prevalent in the US. While they may sound harmless, they certainly aren’t the sort of salts you drop into a warm bath when having a relaxing night in, they are most similar to mephedrone, and have recently been featured throughout social media due to the ‘zombification’ of its. The name comes from the fact that the drug was originally sold online, and widely disguised as bath salts. The side effects include unusual psychiatric behaviour, psychosis, panic attacks and violent behaviour, as well as the possibility of a heart attack and an elevated body temperature

World's 10 deadliest street drugs

Purple Drank

One of the more unusual drugs around at the moment, purple drank was popularised in 90s hip hop culture, with the likes of Jay Z and Big Moe all mentioning it in their songs. It is a concoction of soda water, sweets and cold medicine, and is drunk due to cold medicines high codeine content, which gives the user a woozy feeling. However it can also cause respiratory issues and heart failure

World's 10 deadliest street drugs

Krokodil

Krokodil is Russia’s secret addiction. It is believed that over one million Russians are addicted to the drug. Users of krokodil are attracted to the drug due to its low price; it is sold at £20 a gram while heroin is sold for £60. However, krokodil is considered more dangerous than heroin because it is often homemade, with ingredients including painkillers, iodine, lighter fluid and industrial cleaning agents. This chemical make-up makes the drug highly dangerous and likely to cause gangrene, and eventually rotting of the flesh

These drugs present the biggest problems for young and vulnerable drug users and have the potential to compound problems for the most marginalised users, according to Dr Winstock.

He continued: “Enforcement is possible, but who is going to do it? The police budget is being cut, and who is going to pay for the expert analysis of these substances?

“The Government has given no consideration to developing credible education to build around an honest dialogue and there has little detail on how they will assess what the impact of this legislation will be.

“New drugs offered the chance to start a new conversation about drugs, one that treats people who use drugs as adults, who want to keep themselves, their loved ones and community free from harm. There are other ways to reduce drug regulated harm - banning alone is a blunt tool.

“I think honesty remains the best drug policy, but I guess it doesn't get you elected.”

Despite this, the Government has defended the policy.

“Psychoactive substances shatter lives and we owe it to all those who have lost loved ones to do everything we can to eradicate this abhorrent trade,” said Karen Bradley, Minister for Preventing Abuse, Exploitation and Crime.

“This act will bring to an end the open sale on our high streets of these potentially harmful drugs and deliver new powers for law enforcement to tackle this issue at every level in communities, at our borders, on UK websites and in our prisons.

“The message is clear – so-called ‘legal highs’ are not safe.”

The legislation was originally due to come into effect April 6 but was subject to delays over concerns whether it was enforceable and the definition of “psychoactive”.

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