PURPOSE: to subject the new psychoactive substance
methyl
2-{[1-(5-fluoropentyl)-1Hindazole-3-carbonyl]amino}-3,3-dimethylbutanoate
(5F-MDMB-PINACA) to control measures.
PROPOSED ACT: Council Implementing
Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts
the act after consulting the European Parliament but without being
obliged to follow the opinion of the European
Parliament.
BACKGROUND: on 15 September 2017, following the
request made by the Commission and seven Member States and pursuant
to Council
Decision 2005/387/JHA on the information exchange,
risk-assessment and control of new psychoactive substances, the
Council requested an assessment of the risks caused by the use,
manufacture and trafficking of the new psychoactive substance
5F-MDMB-PINACA, the involvement of organised crime and the
possible consequences of control measures introduced on this
substance.
A risk assessment report on the new
psychoactive substance was drawn up by the Scientific Committee of
the European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA), and was subsequently submitted to the Commission on 14
November 2017.
The main results of the risk assessment are the
following:
- 5F-MDMB-PINACA is a synthetic cannabinoid. It
shows similar effects to THC, which is responsible for the major
psychoactive effects of cannabis, but with additional
life-threatening toxicity. It is typically sold in small and
wholesale amounts as well as on the internet as ‘legal’
replacements for cannabis. It may also be sold directly on the
illicit drug market;
- the substance has been available in the European Union
since at least September 2014 and has been detected in 25 Member
States. 28 deaths associated with 5F-MDMB-PINACA have been
reported by two Member States. In at least 20 deaths 5F-MDMB-PINACA
was the cause of death or is likely to have contributed to the
death. In addition, 35 acute non-fatal intoxications associated
with 5F-MDMB-PINACA were reported by two Member States.
This substance has no recognised human or
veterinary medical use in the Union nor, it appears, elsewhere.
There is no information on the involvement of organised
crime.
The risk assessment report reveals that many of the
questions related to 5F-MDMB-PINACA could be answered through
further research. However, the available evidence and information
on the health and social risks that the substance poses
provides sufficient ground for subjecting 5F-MDMB-PINACA to control
measures across the Union.
CONTENT: the purpose of this proposal for a Council
Implementing Decision is to call upon the Member States to
subject the new psychoactive substance 5F-MDMB-PINACA
to control measures across the Union and criminal penalties
as provided under their legislation by virtue of their obligations
under the 1971 United Nations Single Convention on Narcotic
Drugs.
Currently, 14 Member States control 5F-MDMB-PINACA
under national drug control legislation and four Member States
control it under other legislation.
Subjecting this substance to control measures across
the Union would help avoid the emergence of obstacles in
cross-border law enforcement and judicial cooperation, and would
help protect from the risks that its availability and use can
pose.
The United Kingdom shall not take part in the adoption
of this Decision.