The interim regulated legal market for NPS (‘legal high’) products in New Zealand: The impact of new retail restrictions and product licensing

Abstract

New Zealand has recently established the world's first regulated legal market for new psychoactive products (NPS) (i.e. 'legal highs'). While the new regime is currently in a transitional phase, a range of retail restrictions and an interim licensing regime for NPS products and operators has been introduced. A product safety assessment framework has been developed to determine if a product should receive an interim licence. As a result of the licensing requirements, the number of NPS retail outlets fell from 3000- 4000 largely convenience stores to 156 specialty stores, and the number of legally available NPS products fell from 200 to fewer than 46. Some of the licensed products contain potent cannabinoid compounds. The licensing system provided, for the first time, information on all the products and operators involved in the sector, and this will assist future monitoring. The effectiveness of the new product safety assessment framework will depend on the quality of the data available on adverse cases. This is a challenge as self-reported information from users is often unreliable, and some emergency department cases do not have all the information required to make an accurate assessment. These data limitations indicate the need for retrospective studies of NPS adverse cases and additional test data. While the new legislation initially reduced the number of NPS retailers by prohibiting convenience outlets, new specialized NPS retail outlets may emerge as the new sector expands. Empirical research is required to measure the impact of the reduction in retail outlets and products on NPS availability.

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“…New Zealand took a different and bold approach by establishing the first regulated legal market for NPSs (see Wilkins, 2014a for a detailed description). Under the regulatory authority of New Zealand s Psychoactive Substances Regulatory Board (PSRA) and the Psychoactive Substances Act (PSA), all NPSs (along with those who manufacture, distribute and sell them) were required to be licensed.…”

“…To receive a license, the PSA stipulated that the NPS would need to meet safety standards, be labeled with health warnings, ingredients, and contact information for the manufacturer and the New Zealand s National Poison Center help-line, and be sold only to individuals 18 years of age and older. There were also strict provisions for where licensed NPSs could and could not be sold (Parliamentry Counsel Office New Zealand, 2013 as cited in Wilkins, 2014a). The New Zealand Ministry of Health began initial implementation of the PSA through an interim regulatory regime.…”

“…Department of Justice National Drug Intelligence Center, 2011; Wilkins, 2014a). Over the past ten years, the internet has emerged as a market for purchasing prescription and non-designer illegal drugs (Curtis et al, 2014; Forman, 2003; Orizio, Merla, Schulz, & Gelatti, 2011) and there is now evidence that the internet plays a major role in the distribution of designer drugs (Bruno, Poesiat, & Matthews, 2013; Corazza et al, 2012; European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), 2012; INCB, 2013).…”

Is the recent ban on animal testing of legal high products a fatal blow to the development of a legal market for ‘low‐risk’ psychoactive products in New Zealand?

“…The transitory interim regime, which allowed a limited number of existing products continue to be sold subject to new retail restrictions (i.e. R18, no sales from convenience stores, limited advertising) [10], was brought to an abrupt end by the passage of the Psychoactive Substances Amendment Act (PSAA) [11] on 7 May 2014, following reports of adverse effects from products [12].…”

Response to commentaries

“…New Zealand officials have acknowledged this risk and consequently have pointed to the need to ensure a balance between low risk and the credible effects of approved products [2]. To date, the New Zealand NPS Authority appears to have erred too much on the side of ensuring credible effects by approving a number of particularly potent cannabinoid products, which have subsequently been associated with fairly serious side effects, such as vomiting and agitation [3,4]. However, even if only fairly low-strength NPS products are approved, this market may still appeal to many consumers.…”