- (b) the substance is a psychoactive substance,
- (c) the person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and
- (d) the person—
- (i) intends to consume the psychoactive substance for its psychoactive effects, or
- (ii) knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by some other person for its psychoactive effects.
(3) In a case where a person imports or exports a controlled drug suspecting it to be a psychoactive substance, the person is to be treated for the purposes of this section as if the person had imported or exported a psychoactive substance suspecting it to be such a substance.
In this subsection “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.
(4) Section 5 of the Customs and Excise Management Act 1979 (time of importation, exportation, etc) applies for the purposes of this section as it applies for the purposes of that Act.
(5) This section is subject to section 11 (exceptions to offences).
9Possession of a psychoactive substance in a custodial institution
(1) A person commits an offence if—
- (a) the person is in possession of a psychoactive substance in a custodial institution,
- (b) the person knows or suspects that the substance is a psychoactive substance, and
- (c) the person intends to consume the psychoactive substance for its psychoactive effects.
(2) In this section “custodial institution” has the same meaning as in section 6.
(3) This section is subject to section 11 (exceptions to offences).
10Penalties
(1) A person guilty of an offence under any of sections 4 to 8 is liable—
- (a) on summary conviction in England and Wales—
- (i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or
- (ii) to a fine,
- or both;
- (b) on summary conviction in Scotland—
- (i) to imprisonment for a term not exceeding 12 months, or
- (ii) to a fine not exceeding the statutory maximum,
- or both;
- (c) on summary conviction in Northern Ireland—
- (i) to imprisonment for a term not exceeding 6 months, or
