New Psychoactive Substances: The Irish Experience Tim Murphy Service Manager Cavan and Monaghan Drug and Alcohol Services
The Great Irish Headshop Controversy Headshops started springing up across Ireland 2008-2010 Causing widespread and possibly disproportionate anger (Ryall and Butler 2011) Anger translated into vigilante action in some cases:- 500,000 cash found in Dublin 'head shop' after fire The Times (Irish) Mon, Feb 15, 2010, GARDAÍ ARE treating as arson a fire at a so-called head shop that completely destroyed the unit and a number of neighbouring outlets last Friday. Several deaths linked to some new legal highs particularly benzylpiperazine. Other headshop products available included Spice (synthetic cannabinoid), Kratom (opiate), Salvia Divinorum (powerful hallucinogen) Ireland s Misuse of Drugs Act (1977) amended to include BZP and other drugs in early 2010 Headshop quickly switched active ingredient in products like Charge from BZP to Mephedrone/ cathinone based substances Ireland introduces Psychoactive Substances Act (2010) as catch all legislation to deal with the issue
The Psychoactive Substances Act (2010) Introduced in 2010 by then Minister of Justice Dermot Ahern as a: "catch all approach to prohibit the sale generally of unregulated psychoactive substances for human consumption. The Act makes it an offence, punishable by up to five years imprisonment, to sell or supply for human consumption substances which are not specifically proscribed under the Misuse of Drugs Acts, but which have psychoactive effects. Minister Ahern: "This Act is indicative of my determination that those who engage in the sale of unregulated psychoactive substances for human consumption will not be allowed to escape the rigors of the law.
What does the act say? Psychoactive substance means a substance, product or preparation, plant, fungus or natural organism which has, when consumed by a person the capacity to (a) produce stimulation or depression of the central nervous system of the person, resulting in hallucinations or a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception or mood, or (b) (b) cause a state of dependence, including physical or psychological addiction;
And the results.. The headshops closed. Most proprietors had seen the writing on the wall, and simply ceased trading in advance of the act A few were caught out, and there were a handful of convictions (5 in total as of mid 2015). Commentators variously argued the legislation had been rushed, was not legally sound and might even drive the problem underground. NPS continued to be an issue, but on an apparently much smaller scale (Smyth 2014) and most agreed the PSA (2010) had been a success
Population Cavan 76,000 Population Monaghan 60,000 Fermanagh Cavan Monaghan
A little context Border area of Ireland has long history of smuggling activity. Strong republican views held within population. Heavy reliance on agriculture sector. Economic downturn felt very sharply as a result. Unemployment peaked nationally at 15%. Within Cavan/Monaghan region, estimated at 22%.
Then Resurgence mid 2014 in Monaghan leading to widespread concerns (particularly young age profile of users) Frequent reports of depression, paranoia and even delusions/psychosis and suicidal ideation in some cases. Bought legally in bulk north of the border, smuggled south and then sold on First local death/suicide October 2014 Individuals with other drug issues reporting serious consequences/addictions Widespread community anger led to a series of fraught public meetings
Known brands
So are they legal or what? Clarification sought from Dept of Justice I spoke to the local drug and Alcohol task force, requesting clarification from customs/excise and other key stakeholders Answer I received from Gardai, via DATF was that a laboratory test was necessary to confirm these drugs are psychoactive. Seized samples had been sent away to the National Drugs Unit by Gardai. Results - not a controlled drug Was the NDU being asked an impossible question, i.e. to demonstrate psychoactive status?
Growing Crisis Further deaths with NPS/Synthetic cannabinoids implicated. Issue spreads to neighbouring county Cavan GPs, Psychiatry and ED all at a loss Emergent issue reported in prisons similar to UK Changing brands (but what s in them?)
Changing Brands- K2 Spice
Dept of Justice response Feb 2015 With regard to the Criminal Justice (Psychoactive Substances) Act 2010, you will be aware that this criminal justice legislation was introduced to deal with new psychoactive substances as they emerge i.e. before substances become controlled under the Misuse of Drugs legislation. Section 3 of the Act provides for the offences of selling, importing, and exporting psychoactive substances for human consumption. These offences under section 3 not only deal with the sale of psychoactive substances in head shops, but also applies to internet sales, home delivery services and sale, import and export by individuals. With regard to the issue raised concerning illicit drug activity in the Monaghan area, the Garda authorities have advised that they are aware of the issue and that local intelligence led operations targeting persons suspected of involvement in the illegal sale and supply of synthetic substances in the area have been undertaken. In addition, there has been ongoing liaison between local Gardaí and the Garda National Drugs Unit and the Police Service of Northern Ireland concerning this matter. The Garda authorities have further advised that investigations in this regard are progressing.
Misuse of Drugs Amendment (2015) Introduced to close gaps in legislation relating to ecstasy, ketamine etc The amendment also ostensibly added some NPS including mephedrone, cathinones and some synthetic cannabinoids Allows punishment for use and possession A retrograde step?
Applying pressure Widespread media coverage Presentation to Oireachtas (parliament) health committee July 2015 Response from Gardai consistently cited difficulties with demonstrating psychoactive properties General perception that the Psychoactive substances act achieved what it was designed for in closing the headshops. Research commissioned by Dr Marie Vanhout (2015) Launch of report in Monaghan with then Drugs Minister, Aodhán Ó Ríordáin November 2015
News article, NorthernSound.ie (local radio) 01/02/16 Those charged in Cavan District Court are listed below: ********* (22) of ********, Cavan Town, was charged with two counts of possession for sale or supply and two counts of possession of diazepam contrary to the Misuse of Drugs Act, 1977.He was also charged on two counts of possession of 5 Fluoro AKB48 and 5 Fluoro PB22, contrary to the Criminal Justice (psychoactive substances) Act 2010. ********* (19) with addresses listed at ********* ***********, both Cavan Town, was charged with possessing 5 FluoroAKB48, contrary to the Criminal Justice (psychoactive substances) Act 2010.
<10?
ESPAD 2015: Prevalence of NPS use amongst School age Children ROI = 5 th? New psychoactive substance use: Overall, an average of 3 % of the students had used NPS at least once in the last 12 months, with the highest prevalence figures in Bulgaria, Croatia, Estonia, Ireland, Italy and Poland
Introduction of UK 2016 Psychoactive Substances Act Meaning of psychoactive substance etc (1)In this Act psychoactive substance means any substance which (a)is capable of producing a psychoactive effect in a person who consumes it, and (b)is not an exempted substance (see section 3). (2)For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person s central nervous system, it affects the person s mental functioning or emotional state.
Result of UK legislation: Changing market Supply through legal or legally grey routes abates Widespread reports are that herbal highs are no longer available in area mid 2016 year end Serious fall out for ex users Resurgence of cannabis and benzodiazepine use 2017 problem re-emerges, but not to same extent Reports indicate that Synthetics are now being sold alongside traditional drugs
Gardai seize cannabis worth 2.8 million in massive Cavan drugs-bust Irish Daily Mail, Dec 16, 2016- Trevor Quin
A few really awkward questions How is it that Ireland was first to pass legislation, developed one of the worst problems 5 years afterwards and records the lowest seizure rate? If psychoactive effects are so problematic to prove, what legal impediment is there to selling an entirely novel substance. Why did the UK legislation have more of an effect on the Irish market than the Irish act? Were the headshops safer than what we have now? Did the ambiguous legal status of NPS push people towards them and create more harm?
Learning NPS require a new integrated response from support services. Social factors/ social deprivation contribute to emergent drug issues. Supply reduction measures must target the source to be successful. New legislation requires a detailed plan for communication/dissemination and a clear policing implementation plan. Policy and legislation should not be just an aspirational statement! The law is a very blunt tool when it comes to tackling complex social problems. Sudden supply reduction can have unintended consequences and cause different types of harm. Harm reduction approaches and basic information may have serious impact with NPS use. We have yet to see the full impact of this issue. NPS issue demonstrates clear need to review all international drug law, policy and treatment practices on an ongoing basis.
Watch this space!
References Smyth, James, Cullen and Darker (2015) So prohibition can work? Changes in use of novel psychoactive substances among adolescents attending a drug and alcohol treatment service following a legislative ban- International Journal of Drug Policy (26:9) Graham and Butler (2011) The great Irish head shop controversy. Drugs: Education Prevention and Policy, 18, (4), pp. 303-311. EMCDDA (2016) New Psychoactive Substances in Europe: An Update from the EU Early Warning System ESPAD (2015) Results from the European School Survey Project on Alcohol and Other Drugs Van Hout and Hearn (2015) A community based study of Synthetic Cannabinoid use in Co. Monaghan, downloaded from www.drugsandlcohol.ie on 22/4/17 Psychoactive Substances Act 2010 (Ireland) downloaded from www.irishstatutebook.ie on 22/4/17 Psychoactive Substances Act 2016 (UK) downloaded from www.legislation.gov.uk on 22/4/17 All newspaper/internet article sources in body of presentation
Contact details tim@cdatrust.ie ROI-00353 (0)49 437 9160