PURPOSE: to subject
4-iodo-2,5dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-NBOMe),
3,4dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide
(AH-7921), 3,4-methylenedioxypyrovalerone (MDPV) and
2-(3-methoxyphenyl)-2(ethylamino)cyclohexanone (methoxetamine) to
control measures.
PROPOSED ACT: Implementing Council
Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts
the act after consulting the European Parliament but without being
obliged to follow its opinion.
BACKGROUND: in compliance with Council
Decision 2005/387/JHA on the information exchange,
risk-assessment and control of new psychoactive substances, the
Scientific Committee of the European Monitoring Centre for Drugs
and Drug Addiction (EMCDDA) assessed the risks on the new
psychoactive substances 25I-NBOMe, AH-7921, MDPV and
methoxetamine. The risk assessment reports were submitted to
the Commission and to the Council on 23 April 2014.
(1) 25I-NBOMe is a
potent synthetic derivative of 2,5-dimethoxy-4-iodophenethylamine
(2C-I), a classical serotonergic hallucinogen, which was subject to
risk assessment and to control measures and criminal sanctions at
Union level from 2003 by virtue of Council Decision 2003/847/JHA.
Twenty-two Member States and Norway have reported to the EMCDDA and
to the European Police Office (Europol) that they reported
detection of 25I-NBOMe. There have been four deaths
associated with 25I-NBOMe registered in three Member States. Severe
toxicity associated with its use has been reported in four Member
States, which notified 32 non-fatal intoxications. 25I-NBOMe is
openly marketed and sold on the internet as a 'research chemical'
and information obtained from seizures, collected samples, user
websites and internet retailers suggests that it is being sold as a
drug in its own right and also marketed as a 'legal' replacement
for LSD. Six Member States control 25I-NBOMe under national
legislation and seven Member States use other legislative measures
to control it.
(2) AH-7921 is a
structurally atypical synthetic opioid analgesic commonly known by
internet suppliers, user websites and media as 'doxylam'. It can be
easily confused with 'doxylamine', an antihistaminic medicine with
sedative-hypnotic properties, which could lead to unintentional
overdoses. Based on user reports, the effects of AH-7921 appear to
resemble those of classical opioids. Some of the users report
self-medicating with this new drug to relieve pain.
15 fatalities were
recorded in three Member States between December 2012 and September
2013 where AH-7921, alone or in combination with other substances,
was detected in post-mortem samples. One Member State reported
six non-fatal intoxications associated with AH-7921. One
Member State controls AH-7921 under national legislation and five
Member States use other legislative measures to control
it.
(3) MDPV is a
ring-substituted synthetic derivative of cathinone chemically
related to pyrovalerone, which are both subject to control under
the 1971 United Nations Convention on Psychotropic Substances. The
psychopharmacological profile observed for MDPV is similar to that
for cocaine and methamphetamine, albeit more potent and longer
lasting. Acute toxicity can provoke adverse effects on
humans.
MDPV has been present on the Union drug market since
November 2008 and 27 Member States, Norway and Turkey have reported
multi-kilogram seizures of the substance. MDPV is being sold as a
substance in its own right, but it has also been detected in
combination with other substances. It is widely available from
internet suppliers and retailers, 'head shops' and street-level
dealers.
108 fatalities were
registered in eight Member States and Norway between September 2009
and August 2013, where MDPV has been detected in post-mortem
biological samples or implicated in the cause of death. A total of
525 non-fatal intoxications associated with MDPV have been
reported by eight Member States.
21 Member States control MDPV under national
legislation and four Member States use other legislative measures
to control it.
(4) Methoxetamine is an
arylcyclohexylamine substance which is chemically similar to
ketamine and the internationally-controlled substance phencyclidine
(PCP). Self-reported experiences from user websites suggest adverse
effects similar to ketamine intoxication.
Twenty-three Member States, Turkey and Norway have
reported that they reported detection of methoxetamine, since
November 2010. Information suggests that it is sold and used as a
substance in its own right, and that it is also sold as a 'legal'
replacement for ketamine by internet retailers.
Twenty deaths associated
with methoxetamine have been reported by six Member States that
detected the substance in post-mortem samples. Used alone or in
combination with other substances, methoxetamine was detected in
20 non-fatal intoxications reported by five Member States.
Nine Member States control methoxetamine under national legislation
and nine other Member States use other legislative measures to
control it.
The Risk Assessment Report reveals that further research would be needed to
determine the health and social risks posed by methoxetamine.
However, the available evidence and information provides sufficient
grounds for subjecting methoxetamine to control measures across the
Union. As a result of the health risks that it poses, as documented
by its detection in several reported fatalities, of the fact that
users may unknowingly consume it, and of the lack of medical value
or use, methoxetamine should be subjected to control measures
across the Union.
CONTENT: this proposal aims to invite the Member
States to subject 25I-NBOMe, AH-7921, MDPV and methoxetamine to
control measures across the Union.
Decision
2014/688/EU ceases to produce effects from the date of entry
into force of this Decision, without prejudice to the obligations
of the Member States relating to the time limit for
subjecting4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine
(25I-NBOMe),
3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide
(AH-7921), 3,4-methylenedioxypyrovalerone (MDPV) and
2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone (methoxetamine) to
control measures and criminal penalties in their national
laws.
The United Kingdom shall not take part in the adoption
of this Decision and is not bound by it or subject to its
application.