New psychoactive substances: reducing the harm caused by untested drugs and an unregulated market

Wodak, Alex

doi:10.5694/mja14.01138

Cited by 6 publications

(5 citation statements)

References 21 publications

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“…This legislation change in Japan, which outright banned more than 1,300 Designated Substances [ 24 ], could be viewed as a bold attempt to contain the illicit psychoactive substance market through law enforcement. Some commentators raised a concern regarding the overreliance on such law enforcement-based approaches [ 25 ]. They claimed that as new psychoactive substances are moving targets, such approaches may potentially increase the drug-related harm among those who continue to use those controlled substances [ 25 ].…”

Section: Discussionmentioning

confidence: 99%

“…Some commentators raised a concern regarding the overreliance on such law enforcement-based approaches [ 25 ]. They claimed that as new psychoactive substances are moving targets, such approaches may potentially increase the drug-related harm among those who continue to use those controlled substances [ 25 ]. Our findings suggesting the possible shift from the use of banned to unregulated substances reinforce the concern.…”

Section: Discussionmentioning

confidence: 99%

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High prevalence of quasi-legal psychoactive substance use among male patients in HIV care in Japan: a cross-sectional study

Hayashi

Wakabayashi

Ikushima³

et al. 2017

Subst Abuse Treat Prev Policy

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BackgroundSyndemics of illicit drug use and HIV remain as significant public health issues around the world. There has been increasing concern regarding the rapidly growing market of new psychoactive substances, particularly in Asia. In response, the Japanese government has increasingly banned such substances in recent years. We sought to identify the prevalence and correlates of use of quasi-legal psychoactive substances among people living with HIV/AIDS (PLHIV) in Japan.MethodsData were derived from a nationwide survey of PLHIV conducted at nine leading HIV/AIDS care hospitals between July and December 2013. The prevalence and correlates of the use of quasi-legal psychoactive substances (e.g., synthetic cannabinoids, cathinone derivatives, etc. that had not been prohibited from using at the time of survey) among male participants were examined using multivariate survey logistic regression.ResultsAmong 963 study participants, the majority (95.3%) were male. The most commonly used drug among men was quasi-legal psychoactive substances (55.3% ever and 12.8% in the previous year). In multivariate analysis, the lifetime use of tryptamine-type derivatives (i.e., 5-MeO-DIPT or N,N-diisopropyl-5-methoxytryptamine) (adjusted odds ratio [AOR]: 2.42; 95% confidence interval [CI]: 1.36–4.28) and methamphetamine/amphetamine (AOR: 3.59; 95% CI: 2.13–6.04) were independently associated with recent quasi-legal psychoactive substance use.ConclusionsIn our sample of male PLHIV in Japan, quasi-legal psychoactive substances were the most commonly used drugs. Individuals who had ever used tryptamine-type derivatives or methamphetamine/amphetamine were more likely to report recent quasi-legal psychoactive substance use, suggesting a potential shift in drug use patterns from regulated to unregulated substances among this population. These findings indicate a need for further research to examine implications for HIV care.

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Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

High prevalence of quasi-legal psychoactive substance use among male patients in HIV care in Japan: a cross-sectional study

Hayashi

Wakabayashi

Ikushima³

et al. 2017

Subst Abuse Treat Prev Policy

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“…[13,14,[16][17][18] The UK NPS Expert Panel stressed the need to ensure that '(i) definitions used in such legislation are robust; (ii) required exemptions are addressed; (…) and (iv) potential unintended consequences are explored more fully'. [22] The ongoing implementation of the PSA and the operation of the interim legal market for NPS between July 2013 and May 2014, [23][24][25] raised questions about which substances and products are covered by the PSA, and which products, despite inducing psychoactive effects, are covered by other legal regimes (such as the Misuse of Drugs Act (MODA), the Medicines Act, or Dietary Supplements Regulations). [20,21] Under this regime, sponsors can gain approval to legally manufacture and sell psychoactive products if they prove through toxicology and clinical trials that the proposed products are 'low risk'.…”

Section: Introductionmentioning

confidence: 99%

“…[20,21] Under this regime, sponsors can gain approval to legally manufacture and sell psychoactive products if they prove through toxicology and clinical trials that the proposed products are 'low risk'. [22] The ongoing implementation of the PSA and the operation of the interim legal market for NPS between July 2013 and May 2014, [23][24][25] raised questions about which substances and products are covered by the PSA, and which products, despite inducing psychoactive effects, are covered by other legal regimes (such as the Misuse of Drugs Act (MODA), the Medicines Act, or Dietary Supplements Regulations). The PSA contains an effects-based definition, which covers any substance, mixture, preparation, article, device or thing capable of having an effect (by any means) on the mind of an individual who is using the substance (s. 8, 9(1) PSA), irrespective of its harm.…”

Section: Introductionmentioning

confidence: 99%

What products are considered psychoactive under New Zealand's legal market for new psychoactive substances (NPS, ‘legal highs’)? Implications for law enforcement and penalties

Rychert

Wilkins

2016

Drug Testing and Analysis

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The problem of defining what psychoactive products and substances should be covered by legislation aimed at controlling new psychoactive substances (NPS; 'legal highs') is central to the current debate on designing new legislative responses to NPS. In New Zealand, implementation of the Psychoactive Substances Act 2013 (PSA) revealed uncertainties about which psychoactive products are covered by the new regime, with important implications for legal penalties. We reviewed five pieces of legislation which can cover substances with psychoactive properties: PSA, Misuse of Drugs Act (MODA), Food Act, Dietary Supplements Regulations and Medicines Act. Our analysis revealed that a number of psychoactive substances which are not MODA-scheduled may potentially fall under more than one regulatory regime, including kava, Salvia divinorum, nitrous oxide, 25I-NBOMe, and 1,3-dimethylbutylamine (DMBA). For example, kava may be classified as a food, a dietary supplement, a herbal remedy, or a psychoactive substance, depending on how it is presented (including advertising and labelling). There are considerable differences in penalties and regulatory requirements between the different legislative regimes and these may result in unnecessary prosecutions or 'gaming' of the system. We discuss a number of ways to more clearly categorize products, including a public schedule of psychoactive substances and products, demarcation criteria based on the quantity of the active ingredient, and demarcation based on 'discernible intoxication'. Routine use of forensic testing is essential to ensure appropriate prosecutions and penalties. Robust safety standards are also required in legislative regimes exempted from psychoactive substances regime to prevent 'creative compliance'. Copyright © 2016 John Wiley & Sons, Ltd.

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“…For almost a year from July 2013, New Zealand regulated some new psychoactive substances but stopped because the assessment system was not adequate. 7,8 The threshold change required for drug law reform is to redefine the problem as primarily a health and social issue. 2 This means that illicit drugs will be treated more like alcohol and tobacco with much more emphasis on expanding and improving the drug treatment system and ensuring that disadvantaged populations have better opportunities in life.…”

mentioning

confidence: 99%

The failure of drug prohibition and the future of drug law reform in Australia

Wodak¹

2015

Aust Prescr

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New psychoactive substances: reducing the harm caused by untested drugs and an unregulated market

Cited by 6 publications

References 21 publications

High prevalence of quasi-legal psychoactive substance use among male patients in HIV care in Japan: a cross-sectional study

High prevalence of quasi-legal psychoactive substance use among male patients in HIV care in Japan: a cross-sectional study

What products are considered psychoactive under New Zealand's legal market for new psychoactive substances (NPS, ‘legal highs’)? Implications for law enforcement and penalties

The failure of drug prohibition and the future of drug law reform in Australia

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