s 22A Proof of psychoactive substance
22A. In any proceedings for an offence under section 11F(1), 11G(1), 11H(1), 11I(1)(a) or (b), 11K(1), 11L(1), 11M(1), 11N(1) or (2), 11O(1), 11P(1) or (2) or 11Q(1) —(a) for the purpose of proving that a substance or product is a psychoactive substance —(i) it is sufficient for the prosecution to prove that the substance or product has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and (ii) it is not necessary for the prosecution to prove that the substance or product is not an excluded substance; and (b) a person who asserts that the psychoactive substance mentioned in paragraph (a) is an excluded substance, bears the burden of proving that assertion on a balance of probabilities.[Act 12 of 2023 wef 01/06/2024]