‘Legal highs’ sales assistants could face five years in jail under new bill

SALES assistants in head shops could face up to five years in jail under the new Criminal Justice (Psychoactive Substances) Bill.

Under the proposed legislation someone who sells a psychoactive substance and knows it will be consumed by a person or is being reckless to that likelihood is committing an offence. If convicted in the district court the person faces up to a year in prison and/or a maximum fine of €5,000. If convicted in the circuit court the person can face up to five years in jail and/or an unlimited fine. This key provision is designed to end the practice in head shops where many mind-altering products are sold to customers but are labelled not for human consumption and are ostensibly to be used as bath salts, plant food or pond cleaners.

The bill says a person is reckless if his or her acts are such that “a reasonable person” would realise the substance will be consumed by a person. The proposals said that in coming to such a conclusion a court can take into account any comments by the assistant, or on the shop’s website, or on the packaging, that the drug may have psychoactive effects or effects similar to controlled drugs.