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New Psychoactive Substances – Public New Psychoactive Substances – Public protection and law enforcementprotection and law enforcement

Ian GoldsboroughIan Goldsborough

Metropolitan Police Drugs DirectorateMetropolitan Police Drugs Directorate

(SC&O3 Specialist Crime prevention and Partnership)(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?What are New Psychoactive Substances?

Legal Highs?Legal Highs?•Not always legal! Not always legal!

•No guarantee of high.No guarantee of high.

•"Just because a substance is termed "Just because a substance is termed 'legal' this does not make it safe, nor 'legal' this does not make it safe, nor

may it be legal" may it be legal"

New ?New ?Some substances were synthesised years agoSome substances were synthesised years ago

CONFUSED ?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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• 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)

•Drugs Act 2005

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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 enforcementBlocks to LEA enforcementMDA 1971.MDA 1971.

•Not controlled substancesNot controlled substances

•Chemically adjusted Chemically adjusted substances take place of substances take place of controlled drugs.controlled drugs.

•Statutory defence used.Statutory defence used.

•Suppliers provide Suppliers provide documentation assisting in documentation assisting in this.this.

•LEA competing demandsLEA competing demands

Medicines ActMedicines Act

•Inclusion of 'Not for human Inclusion of 'Not for human consumption and thinly veiled consumption and thinly veiled explanations circumvent act.explanations circumvent act.

•Controlled drugs not included Controlled drugs not included MDA then needed.MDA then needed.

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Were there any alternatives?Were there any alternatives?

Trading Standards Trading Standards

& &

Consumer Protection legislationConsumer Protection legislation

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Annual drug strategy review – action plan: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 LegislationTrading Standards LegislationTSS’ 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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CPRsCPRs

•causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise – not likely to work –

• £15 – £30 per gram 'bath salt'

•Consequently 'transactional decision not altered by mis description.

• Could use safety regulations –

GPSRGPSR

•Does provide certain Does provide certain investigative powers.investigative powers.

•Huge cost – forensic analysis/ Huge cost – forensic analysis/ experts, etc.experts, etc.

•Precautionary principlePrecautionary principle

•Limited budgetLimited budget

•Geographical responsibilities.Geographical responsibilities.

•Limited sanctions.Limited sanctions.

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Lincoln Police raid

Lincoln Police raid

shops in se

arch of

shops in se

arch of

legal highs.

legal highs. A hundred police raid Southend nightclub

Human 'lab rats' risk death

with legal highs

Police raid legal-high

shop in bid to discover

how teenager died

Police Make Million

Pound Mephedrone

SeizureFears as Plymouth

people gamble their

lives on legal highs

Undercover police snare drug dealers a"legal high" shop; Eight in the dock after raid on seaside town's store.

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PolicePolice•Harm reduction/ ASB investigationsHarm reduction/ ASB investigations

•Local partner led reactive operationsLocal partner led reactive operations

•Local proactive operationsLocal proactive operations

•Test purchaseTest purchase

•Anti-social behaviourAnti-social behaviour

•Activity in relation to temporary class drugs. Activity in relation to temporary class drugs.

•change = no offence of possession change = no offence of possession

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New stepsNew steps•Forensic early warning – FEWSForensic early warning – FEWS

•http://www.homeoffice.gov.uk/publications/alcohol-drugs/drugs/drug-strategy/fews?view=Binary

•Police collection plan – all forensic providers for Police collection plan – all forensic providers for

•Prevalence / purity Prevalence / purity

•TrendsTrends

•Attendance at music festivals, supporting policing operational Attendance at music festivals, supporting policing operational activity. activity.

• Also Test purchase from sale pointsAlso Test purchase from sale points

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United Kingdom Border Agency United Kingdom Border Agency (UKBA)(UKBA)

•Most substances come from abroad.Most substances come from abroad.

•Seizure for mis-description.Seizure for mis-description.

Serious & Organised Crime Agency (SOCA)Serious & Organised Crime Agency (SOCA)

•International work with partners International work with partners

•Disruption of organised criminal activityDisruption of organised criminal activity

•Activity relating to sale of now controlled drugsActivity relating to sale of now controlled drugs

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Future StepsFuture StepsAll party Parliamentary Group for Drug Policy reformAll party Parliamentary Group for Drug Policy reform

•Temporary Control orders –'drug supply control orders'Temporary Control orders –'drug supply control orders'

•Independence and clarification of role of ACMDIndependence and clarification of role of ACMD

•National review of drug legislationNational review of drug legislation

•Enhancing role of TSEnhancing role of TS

•Onus on supplier to show low risk of substance – new D Onus on supplier to show low risk of substance – new D classification.classification.

•Preventative programmes to be promoted, resourced and Preventative programmes to be promoted, resourced and assessed.assessed.

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ConclusionConclusionNPS as an issue requires:NPS as an issue requires:

Education.Education.

Harm reduction.Harm reduction.

Prevention.Prevention.

Research as to the harms caused.Research as to the harms caused.

Law enforcement alone will achieve Law enforcement alone will achieve little.little.

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Questions ?Questions ?

ian.goldsborough@met.pnn.police.ukian.goldsborough@met.pnn.police.uk