New Psychoactive Substances – Public
protection and law enforcement
Ian Goldsborough
Metropolitan Police Drugs Directorate
(SC&O3 Specialist Crime prevention and Partnership)
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What are we going to discuss?
• How are new Psychoactive Substances (NPS)
defined within the law?
• What statutes deal with NPS?
• What are the issues affecting law enforcement
in this area?
• What does law enforcement know about NPS?
• The future – from a police point of view.
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What are New Psychoactive Substances?
Legal Highs?
•Not always legal!
•No guarantee of high.
•"Just because a substance is termed
'legal' this does not make it safe, nor
may it be legal"
New ?
Some substances were synthesised years ago
CONFUSED ?
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Definition – European Council
• “ a new narcotic drug substance in pure form or in a
preparation (not scheduled under the 1961 United Nations
Single Convention on Narcotic Drugs, and that may pose a
threat to public health comparable to the substances listed) or
a new psychotropic drug in pure form or in a preparation (not
been scheduled under the 1971 United Nations Convention on
Psychotropic Substances, and that may pose a threat to public
health comparable to the substances listed)".
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Definition- Advisory Council on
Misuse of drugs (ACMD)
• “psychoactive drugs which are not prohibited by the United
Nations Single Convention on Narcotic Drugs or by the Misuse
of Drugs Act 1971, and which people in the UK are seeking for
intoxicant use…. “generally legally available, they fall into 4
categories : (1) Products with names which give no indication
of what they contain; (2) Named and specific substances
which are designed to be similar chemically and/or
pharmacologically to known specific controlled drugs; (3)
Substances related to medicines; and (4) Herbal or fungal
materials or their extracts.
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Definition- Association of Chief
Police Officers (ACPO)
• “…. NPS or so called ‘legal highs’ are substances which
produce the same, or similar effects, to illegal stimulant drugs
such as cocaine and ecstasy, but are not controlled under
legislation [the Misuse of Drugs Act 1971 in the UK]. They are
however, considered illegal under current medicines
legislation to sell, supply or advertise for “human
consumption”. To get round this sellers refer to them as
research chemicals, plant food, bath crystals or pond cleaner.
A number of NPS have been controlled under the Misuse of
Drugs Act 1971, including mephedrone, BZP and naphyrone”.
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Definition – Project Portmanteau
• “ a narcotic or psychotropic substance newly available in the
UK [and mostly but not exclusively synthetic] which may
pose a public health threat comparable to drugs controlled
under the Misuse of Drugs Act 1971”
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The main legislative acts in relation
to controlled drugs are:
•Misuse of Drugs Act 1971
•Drugs Act 2005
•Medicines Act 1968 ( and regulations)
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•Misuse of Drugs Act 1971
• Created offences in relation to manufacture, trafficking,
supply and possession offences
• Class of drugs in schedule which provides maximum
sentences
• Most harmful considered in Class A
• Additional substances can be added (2009 - 2010 NPS
additions)
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•Drugs Act 2005
• Provides additional sentencing for aggravated sale of drugs
(educational premises).
• Allowed for testing of suspects and creation of certain drug
intervention orders.
• Added certain mushrooms (hallucinogenic to list of controlled
drugs)
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•Medicines Act 1968 ( and regulations)
• Governs the manufacture and supply of medicines,
whether they be general sale, or prescription only
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Blocks to LEA enforcement
MDA 1971.
•Not controlled substances
•Chemically adjusted
substances take place of
controlled drugs.
•Statutory defence used.
•Suppliers provide
documentation assisting in
this.
•LEA competing demands
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Medicines Act
•Inclusion of 'Not for human
consumption and thinly veiled
explanations circumvent act.
•Controlled drugs not included
MDA then needed.
Were there any alternatives?
Trading Standards
&
Consumer Protection legislation
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Annual drug strategy review – action plan:
“Encourage enforcement activity by Trading Standards whenever offences under
the Consumer Protection from Unfair Trading Regulations 2008 and the General
Product Safety Regulations 2005 are suspected; and work with Trading Standards to
develop guidance on the circumstances in which consumer protection legislation
could be used effectively”.
ACMD:
“…the ACMD believes that there is a role here for the Trading Standards Institute to
play, in relation to policing head shops that sell NPS (“legal highs”) with misleading
statements”.
“Recommendation: The powers available in the Consumer Protection from Unfair
Trading Regulations (2008) (CPRs) and General Product Safety Regulations (2005)
(GPSRs) should be fully utilised to control the trade in NPS”
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Trading Standards Legislation
TSS’ enforce a broad range of legislation which, as well as fair
trading, often includes responsibility for animal health, underage
sales of products such as tobacco, solvents and fireworks (and in
England & Wales, food safety and underage sales of alcohol).
•The Consumer Protection from Unfair Trading Regulations 2008
(CPR’s) - Product Descriptions
the General Product (Safety) Regulations 2005 (GPSR)
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CPRs
GPSR
•causes or is likely to cause the
average consumer to take a
transactional decision he would not
have taken otherwise – not likely to
work –
•Does provide certain investigative
powers.
• £15 – £30 per gram 'bath salt'
•Consequently 'transactional
decision not altered by mis
description.
• Could use safety regulations –
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•Huge cost – forensic analysis/
experts, etc.
•Precautionary principle
•Limited budget
•Geographical responsibilities.
•Limited sanctions.
Human 'lab rats' risk death
with legal highs
Undercover police snare drug dealers
a"legal high" shop; Eight in the dock after
raid on seaside town's store.
A hundred police raid Southend
nightclub
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Police
•Harm reduction/ ASB investigations
•Local partner led reactive operations
•Local proactive operations
•Test purchase
•Anti-social behaviour
•Activity in relation to temporary class drugs.
•change = no offence of possession
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New steps
•Forensic early warning – FEWS
•http://www.homeoffice.gov.uk/publications/alcohol-drugs/drugs/drugstrategy/fews?view=Binary
•Police collection plan – all forensic providers for
•Prevalence / purity
•Trends
•Attendance at music festivals, supporting policing operational
activity.
• Also Test purchase from sale points
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United Kingdom Border Agency (UKBA)
•Most substances come from abroad.
•Seizure for mis-description.
Serious & Organised Crime Agency (SOCA)
•International work with partners
•Disruption of organised criminal activity
•Activity relating to sale of now controlled drugs
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Future Steps
All party Parliamentary Group for Drug Policy reform
•Temporary Control orders –'drug supply control orders'
•Independence and clarification of role of ACMD
•National review of drug legislation
•Enhancing role of TS
•Onus on supplier to show low risk of substance – new D
classification.
•Preventative programmes to be promoted, resourced and
assessed.
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Conclusion
NPS as an issue requires:
Education.
Harm reduction.
Prevention.
Research as to the harms caused.
Law enforcement alone will achieve
little.
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Questions ?
ian.goldsborough@met.pnn.police.uk
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