The Psychoactive Substances Bill is a blanket ban on the supply of psychoactive substances, it does also contain a wide list of exemptions.
In its current form, the Bill defines a psychoactive substance as any substance which is capable of producing a psychoactive effect in a person who consumes it. This is the case if by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state. There is a list of exempted substances, which currently includes medicinal products with certain authorisations, homeopathic medicinal products, and traditional herbal medicinal products.
A group of Conservative MPs think it is unfortunate that all forms of ‘poppers’ will be banned under the Psychoactive Substances Bill, so supplying them will be an offence. However, we recognise that the Government is aiming to protect young people and others from exposure to potentially dangerous substances.
During a range of meetings with the Minister and the Government, MPs pushed for the Government to review medical evidence that has come to light since the debate began. We also called on the Government to take into consideration the Home Office report advocating that ‘poppers’ should not be banned under this legislation. For too long there hasn’t been a full and effective review of the medical evidence relating to ‘poppers’. We called on the Government to consider the medical evidence and the impact on LGBT members’ ability to conduct a fully intimate relationship. This does still mean that according to Home Office processes that a substance must be banned and then exempted later on.
As a result of our discussions, I am pleased that the Minister responsible for the Bill has indicated that the Medicines and Healthcare Products Regulatory Agency has been charged with gathering evidence on the safety of ‘poppers’, after which there will be an assessment by an independent adjudicator. A decision will then be made jointly by the Health Secretary and the Home Secretary on whether to exempt ‘poppers’ from being banned. The Government has said that this whole process will be completed by the summer recess.
I am currently working with other MPs to ensure that all medical evidence is submitted to the Government for full consideration.