Shopkeepers: think before you put “legal highs” on sale

New Psychoactive Substances (NPS) – the formal name for substances more usually referred to as “legal highs” – are chemicals which have been designed to mimic the effects of illegal drugs. Although, like illegal drugs, they can give people who consume them a temporary “high” (ranging from relief from everyday problems through to feelings of elation), they can also have other more harmful effects. A number of people have suffered paranoia, psychosis, seizures, and other unpleasant symptoms which often require hospital treatment and may even be fatal.

The council Consumer and Business Regulations team has received reports that adults and children in the borough are purchasing these products from local retailers. Although the name “legal high” sounds as if retailers can happily sell the substances, in fact selling these products may be illegal in some circumstances. The council is having a drive to remind traders of their legal responsibilities should they be approached by any NPS distributors.

The Intoxicating Substances (Supply) Act 1985 prohibits the sale of substances to those under the age of 18 which the seller has reason to believe may be inhaled for the purposes of intoxication. The law was designed to prevent minors buying glue and similar intoxicating substances – but it also applies to NPS that are inhaled.

NPS products are often thought to contain ingredients that are not controlled under The Misuse of Drugs Act 1971, in the way that drugs such as heroin, cocaine and marijuana are. However, 19% of NPS tested by the Home Office in 2013/14 were found to contain substances that are controlled under that act. It would therefore be illegal to possess, supply or offer to supply those substances – and illegal for the consumer to possess them.

Retailers need to ensure all products they sell to consumers are safe. Should someone suffer ill effects or death as a result of ingesting chemicals you have sold them, you can be held accountable. For products that are not covered by a specific piece of safety legislation, The General Product Safety Regulations 2005 will apply. NPS that are not controlled can fall under this.

The Government recently introduced the Psychoactive Substances Bill, which will make it an offence to produce, supply, offer to supply, possess with intent to supply, import or export psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect. The maximum sentence will be 7 years’ imprisonment. It is currently at the House of Lords Committee stage.

No formal comment from John Biggs or any of his three deputy mayors was provided on this issue.

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•For more information on what products are considered to be NPS you can look at: www.talktofrank.com/drug/legal-highs

•If you suspect someone of illegally trading NPS products in the borough, contact 020-7364 5008 or email: tradingstandards@towerhamlets.gov.uk

•The Tower Hamlets Community Drug Team provides support for adults suffering from substance abuse. They are available on 020-7790 1344 or visit 71 Johnson Street, E1 0AQ.

•Lifeline Renew separately provides support to young people who want help regarding legal highs and also provides training and awareness about substance misuse including legal highs to professionals. Contact Lifeline via: http://www.lifeline.org.uk