A critical first assessment of the new pre‐market approval regime for new psychoactive substances (NPS) in New Zealand

Abstract

The clinical trials required for NPS products should address the characteristics of recreational NPS use. Enforcement resources and technical solutions are required to clearly distinguish legal NPS products. The impact the new NPS regime has on other drug use is a key issue and demands further study.

Prohibition is a key driver of the new psychoactive substances (NPS) phenomenon

“…In 2008 the UNODC identified five major negative consequences of prohibition; one of them recognizes that: 'If the use of one drug was controlled, by reducing either supply or demand, suppliers and users moved on to another drug with similar psychoactive effects, but less stringent controls' [1]-precisely the dynamic at work with regard to the NPS phenomenon. However, beyond noting that NPS 'are commonly marketed as "legal" substitutes for existing illegal drugs', Wilkins [2] does not explore the crucial role of the prohibition of such existing illegal drugs in fuelling the NPS market in the first place-a phenomenon that has direct implications on his analysis that follows.…”

Where is the pleasure?

“…One positive aspect of this proposal is that more information will be gathered before the government makes the decision of whether to allow or forbid an NPS. Lack of data on the safety or danger of NPS has led governments to make decisions that are not based on scientific evidence [1]. The paper by Wilkins [2] identifies important questions about this new approach, although additional issues were also noted.…”

“…The argument that prohibition enhances organized crime also does not appear to be very consistent. For example, the ecstasy and marijuana markets have little connection with organized crime [1]. However, prohibition reduces the possibility of quality control and assurance of NPS.…”

“…A number of issues arise for me in Wilkins' commentary [1], including the way in which we evaluate policy options in the absence of data. Wilkins takes us through a series of possible positive and negative effects from the regulatory policy being introduced in New Zealand for new psychoactive substances (NPS).…”

“…Wilkins [1] notes: 'There is no such therapeutic benefit with NPS products'. I disagreethe 'therapeutic benefit' (if we are forced to use medical terminology) is pleasure; and the outcome measure in a clinical trial of NPS, therefore, would be pleasure.…”