Caught in the crossfire: Plant medicines and the Psychoactive Substances Act 2016

Background and aimsThis paper offers a human rights-driven critique of the Psychoactive Substances Act 2016. The particular focus here is on the fact that, while the motivation behind this piece of legislation was the perceived need to address the growing phenomenon of new psychoactive substances, the broad definition of what constitutes a psychoactive substance contained therein means that it also includes psychoactive plants – herein referred to as plant medicines – within its ambit.MethodsThrough a close analysis of the parliamentary debates and related publications leading up to the Act, it is revealed that these were not part of the problem as constructed, and yet have become entangled in this legislative response to it.Results and conclusionsIt is argued that the inclusion of these plants breaches Article 9 of the European Convention on Human Rights, which protects both freedom of thought and religion. It is submitted that the Act should thus be amended accordingly. In support of this argument, the ...