Law At Work Hot Topics - June 2016

Legal highs - does your drugs policy need updating?

The Psychoactive Substances Act 2016 came into force on 26 May 2016, banning the production and supply of so-called 'legal highs' (substances sold openly in shops and online which imitate the psychoactive effects of illegal drugs, but are not actually illegal to sell or consume themselves). Their legal status means that individuals may not fully appreciate the effects of their use.

Legal highs are largely substances which imitate the psychoactive effects of illegal drugs when consumed, but are not actually illegal to consume themselves. As they are currently marketed as legal and sold openly in shops or online, many users may not fully realise the effects they might have. As with illegal drugs, they can have a range of effects on users and employers should consider their impact on their employees and workplaces.

Since 26 May, an employee supplying, offering to supply, or possessing with an intent to supply such a substance to a colleague will also be committing a criminal offence (although simple possession is not generally illegal). In addition, an employer who fails to take reasonable steps to prevent such illegal supply taking place on its premises may face a Premises Notice or Order which could, at worst case, close down their premises for up to six months.

Employers should review their substance misuse policies to see if they already refer to legal highs - it may be that their use is already banned - and ensure any relevant health and safety risk assessments cover the use of psychoactive substances and amend them if required. Finally, disciplinary polices should include the supply or attempted supply of legal highs, or being under the influences of such psychoactive substances, as further examples of gross misconduct.

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