Legal highs still for sale despite ban

Home Office report says psychoactive substances are available from street sellers and the dark web

A GOVERNMENT crackdown on “legal highs” has failed to halt new drugs and more powerful forms of spice being developed and sold by street dealers and on the dark net, an official report revealed yesterday.

It said the potency of new psychoactive substances mainly in the form of spice or synthetic cannabinoids had increased, despite new laws banning legal highs two years ago.

The use of nitrous oxide, commonly known as laughing gas, had also been unaffected by the Government’s blanket ban on legal highs, which was rolled out in 2016.

While the legislation had largely eliminated the “open sale” of new psychoactive substances (NPS), the Home Office report said the trade appeared to have moved underground to street dealers and the dark net based on the scale of continued arrests and seizures.

The Home Office review of the law said: “Some areas of concern have remained or emerged, such as the supply of NPS by street dealers, the continued development of new substances, the potential displacement from NPS to other harmful substances, and continued high levels of synthetic cannabinoid use among the homeless and prison populations.”

It said there had been a significant fall in NPS use in the general population, and a decline in health-related harms from this reduced usage but it was still widespread in prisons and in some cases had increased.

One of the main aims of the blanket ban was to close a loophole that saw new drugs with a slightly altered chemical make-up appear almost straight after the previous version was banned. The review said this objective “does not appear to have been achieved”, saying the emergence of NPS in the UK “has not ceased”.

Police recorded 492 arrests in the first six months after the Act took effect. There were 1,523 seizures of NPS in 2017-18.

“This suggests that the Act has not completely eliminated the supply of NPS, given the large numbers of offences and seizures of suspected NPS recorded,” the report said. “While the open retailing of NPS has ceased, it appears that NPS continue to be sold, albeit less visibly.”

A 2018 study of dark net activity found large quantities of synthetic cannabinoids available in 2016 and 2017, with around 2,400 listings. The study said the UK was the second largest seller of spice after China.

While there had been about 270 prosecutions and 170 sentences made under the Act, there was insufficient evidence to address the question of whether it had been enforced “well”, the review added.

There was an explosion in the popularity of NPS on the drug scene around a decade ago. The drugs contain substances that mimic the effects of “traditional” illegal drugs like cocaine, cannabis and ecstasy.

Ministers brought forward the legislation to crack down on NPS after they were linked to dozens of deaths.

The 2016 legislation banned the production, distribution, sale and supply of psychoactive substances for human consumption. Offenders face up to seven years in prison, while civil orders can be issued to shut down “head shops” and online dealers.

The Home Office review said data from police forces suggest the legislation has led to head shops either closing down or no longer selling NPS, with 332 retailers identified as having ceased sale of the substances, forcing them underground.