Psychoactive Substances Act 2016

Section 3

SCHEDULE 1 EXEMPTED SUBSTANCES

Controlled drugs

1 Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).

Medicinal products

2 Medicinal products.

In this paragraph “medicinal product” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 2 of those Regulations).

Alcohol

3 Alcohol or alcoholic products.

In this paragraph—

• “alcohol” means ethyl alcohol, and

• “alcoholic product” means any product which—

  (a)

  contains alcohol, and

  (b)

  does not contain any psychoactive substance.

Nicotine and tobacco products

4 Nicotine.

5 Tobacco products.

In this paragraph “tobacco product” means—

(a) anything which is a tobacco product within the meaning of the Tobacco Products Duty Act 1979 (see section 1 of that Act), and

(b) any other product which—

(i) contains nicotine, and

(ii) does not contain any psychoactive substance.

Caffeine

6 Caffeine or caffeine products.

In this paragraph “caffeine product” means any product which—

(a) contains caffeine, and

(b) does not contain any psychoactive substance.

Food

7 Any substance which—

(a) is ordinarily consumed as food, and

(b) does not contain a prohibited ingredient.

In this paragraph—

• “food” includes drink;

• “prohibited ingredient”, in relation to a substance, means any psychoactive substance—

  (a)

  which is not naturally occurring in the substance, and

  (b)

  the use of which in or on food is not authorised by an EU instrument.