STATES OF JERSEY
HEALTH AND SOCIAL SERVICES DEPARTMENT
Misuse of Drugs (Jersey) Law 1978
Various amendments regarding the classification and control of substances
- Issue
The Minister is requested to consider bringing a range of substances under the control, or further control, of the Misuse of Drugs (Jersey) Law 1978.
- Introduction
The Misuse of Drugs Advisory Council (MDAC) is established in accordance with Article 2 of the Misuse of Drugs (Jersey) Law 1978 and has a duty to advise the Minister on measures, which in its opinion, should be taken to prevent the misuse of drugs and/or to deal with the social problems connected with drug abuse.
- Substances recommended for control under the Misuse of Drugs (Jersey) Law 1978
The MDAC has given consideration to proposals to bring a range of substances under the control, or further control, of the misuse of drugs legislation due to their potential to cause harm. The specific substances are as follows:
3.1. Khat
Khat is a plant mainly grown in the Horn of Africa. It is consumed for its stimulant properties. Its leaves, stems and shoots contain naturally occurring active ingredients, cathine and cathinone, which are already subject to Class C control as drugs listed in Part 3 of Schedule 2 to the Misuse of Drugs (Jersey) Law 1978 when isolated from the khat plant.
The UK Government has decided to control khat as a Class C controlled substance such that the plant is controlled alongside its active ingredients.
The MDAC has considered the UK Government’s recommendation and has concluded that khat be similarly controlled in Jersey. The MDAC therefore recommends that khat be controlled as a Class C substance under the Misuse of Drugs (Jersey) Law 1978 and placed in Schedule 1 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and Part 1 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989.
3.2. Zopiclone and Zaleplon
Zopiclone and zaleplon are sedatives used to induce sleep. They are similar in nature to zolpidem which is already controlled as a Class C substance. The UK Advisory Council on the Misuse of Drugs has recommended that zopiclone and zaleplon be controlled in the same manner as zolpidem.
The MDAC has considered the UK Advisory Council’s recommendations and consequently recommends that zopiclone and zaleplon be controlled as Class C substances and placed in Schedule 4 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
3.3. Ketamine
Ketamine is widely used in veterinary medicine and in some areas of human medicine as an anaesthetic and analgesic. It is currently controlled as a Class C substance under the provisions of the Misuse of Drugs (Jersey) Law 1978 and is listed in Schedule 4 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
Ketamine misuse can cause a range of physical and psychological harms. There has been an increase in acute ketamine toxicity presentations to hospitals in recent years, effects seen in these presentations are generally short-lived but can include impaired consciousness, agitation, hallucinations and dissociative effects. In addition, there is now good evidence that frequent and heavy ketamine misuse can cause significant toxicity to the bladder, urinary tract and kidneys. This can be associated with severe and disabling symptoms that typically include pain on passing urine, frequency and urgency of urination, blood in the urine and incontinence.
The UK Advisory Council on the Misuse of Drugs had recently undertaken a review of the use and harm associated with ketamine and recommended that ketamine be reclassified as a Class B substance.
The MDAC has considered the UK Advisory Council’s report and recommends that ketamine be reclassified as a Class B substance and moved to Schedule 2 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
3.4. NBOMe Preparations
NBOMe compounds are a group of highly potent hallucinogens which have been associated with serious harm and drug related deaths both in the UK and internationally.
The UK Advisory Council on the Misuse of Drugs has recently reviewed the evidence of use and harm associated with these compounds and concluded that they should be controlled as Class A substances.
The MDAC has considered the UK Advisory Council’s report and conclusions and consequently recommends that these compound be controlled as Class A controlled substances, listed in Schedule 1 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and also in Part 1 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 as they have no known recognised medicinal use. They should be controlled by means a generic definition
3.5. Synthetic Cannabinoids
The MDAC has recently given consideration to a proposal to reclassify four additional synthetic cannabinoids as a Class B controlled drugs. There is evidence of an emerging problem in Jersey with these substances.
The MDAC recommends that the substances listed below be placed in Part 2 of Schedule 2 to the Misuse of Drugs (Jersey) Law 1978 (Class B Drugs); in Paragraph 1(a) of Schedule 1 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009; and in Part 1 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989.
The substances are:
- quinolin-8-yl-1-(cyclohexylmethyl)-1H-indole-3-carboxylate (BB-22)
- quinolin-8-yl-1-pentyl-1H-indole-3-carboxylate (PB-22)
- N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-AB-PINACA)
- N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA).
3.6. Benzofuran Compounds
The benzofuran compounds are phenethylamine-type materials related to ecstasy (MDMA), a Class A drug under the Misuse of Drugs (Jersey) Law 1978.There are no known legitimate uses for these compounds.
6-(2-aminopropyl)benzofuran and 5-(2-aminopropyl)benzofuran (6-APB and 5-APB or Benzo Fury) are already controlled as Class B substances under the Misuse of Drugs (Jersey) Law 1978.
The UK Advisory Council on the Misuse of Drugs has recently undertaken a review of the evidence of use and harm associated with the benzofurans and concluded that a range of these compounds be controlled as Class B substances by means of a generic definition. The proposed generic definition will capture 5-APB and 6-APB as well as other related compounds.
The MDAC has considered the UK Advisory Council’s report and conclusions and consequently recommends that these compounds be controlled as Class B substances, listed in Schedule 1 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and also in Part 1 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989 as they have no known recognised medicinal use. They should be controlled by means a generic definition.
3.7. Etizolam
Etizolam is a benzodiazepine analogue with similar properties to other benzodiazepines such as diazepam. It possesses amnesic, anxiolytic, anticonvulsant, hypnotic, sedative and skeletal muscle relaxant properties. A 1mg dose is approximately equivalent to a 10mg dose of diazepam.
Diazepam and a number of other benzodiazepines are controlled as Class C substances under the provisions of the Misuse of Drugs (Jersey) Law 1978. There is evidence of a growing problem in relation to the importation of etizolam into Jersey. The MDAC considered it an anomaly that etizolam was not controlled in the same manner as other benzodiazepines.
The MDAC recommends that etizolam be controlled as a Class C substance and placed in Schedule 4 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009
- Recommendation
The Minister is requested to approve the recommendations of the Misuse of Drugs Advisory Council as described above and direct the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman.
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