The Polish legislation on smart shops New Drugs 2014 Scientific and technical update on New Psychoactive Substances May 14th-15th, 2014 Rome Michał Kidawa REITOX National Focal Point Poland
Presentation plan: History of the phenomenon Legal response Current situation on NSP drug scene New draft legislation
Experience with legal substances which imitate the effects of illicit drugs Poland in Eurobarometer survay 2011 Source: 2011 Eurobarometer survey "Youth attitudes on drugs" http://ec.europa.eu/public_opinion/flash/fl_330_en.pdf p19.
History of the phenomenon
History of the phenomenon in Poland (1) before 2008 limited number of information about the legal highs in INTERNET (users forums ect.). beginning of 2008 www.dopalacze.com profesional marketing and packeging. second half of 2008 opening of the first street shop offering legal highs in city of Łódź by the end of 2008 40 street shops in centres of major Polish cities February 2009 Central Forensic Laboratory of Police identified JWH- 018 in herbal mixtures Spice Arctic Synergy, Smoke, Genie. 8 May 2009 1st amendment of the Act on counteracting drug addiction (regarding legal highs) came into force. 18 substances were put under control: BZP, JWH-018 and 16 herbs. after the amendment new products with new substances (i.e. other synthetic cannabinoids, mephedrone) appear on the market.
History of the phenomenon in Poland (2) 25 August 2010: 2nd amendment on the Act on counteracting drug addiction (regarding legal highs) came into force. 9 substances were put under control: mephedrone and synthetic cannabinoids: JWH-073, JWH-398, JWH-250, JWH-200, CP 47,497 + homologs, HU-210 In October 2010 over 1 300 of street shops were operating According to the Center of Poisoning Control in October 2010 there were 258 cases of poisonings suspected to be caused by legal highs
History of the phenomenon in Poland (3) 1 3 October 2010: nationwide action of the Police and General Sanitary Inspectorate. Aim: to close all shops selling legal highs Legal basic decision of Chief Sanitary Inspector basing on art. 27 1 i 2 and art. 31 of act of law from 14th of March 1985 on Sanitary Inspection 3576 controls conducted 1378 shops and warehouse closed
Legal response
Act of 8 October 2010 amending the Act on counteracting drug addiction and the Act on State Sanitary Inspection (3rd amendment) definition of substitution drug: substance of natural or synthetic origin in any physical state or a product, plant, mushroom or part thereof, containing such a substance, used instead of a narcotic drug or a psychotropic substance or for the same purposes as a narcotic drug or a psychotropic substance, whose manufacture or introduction to trade is not regulated by separate provisions; provisions on general safety of products do not apply to substitute drugs.
Ban on substitution drugs It shall be prohibited to manufacture and place substitute drugs on the market on the territory of the Republic of Poland. In the event of ascertaining manufacture or placing on the market of a substitute drug or a product suspected to be a substitute drug, the appropriate state sanitary inspector applies accordingly provisions of Article 27c of the Act of 14 March 1985 on State Sanitary Inspection.
Withdrawal of suspected product from the market In the event of a reasonable suspicion that the product poses a threat to human health or life, the appropriate state sanitary inspector shall, by way of a decision, order withdrawal of the product from the market for the period necessary to conduct an assessment and research into its safety, however, not longer than 18 months.
Financial penalty Whoever manufactures or places a substitute drug on the market on the territory of the Republic of Poland shall be subject to a financial penalty between PLN 20 000 and PLN 1 000 000. (EUR 5 000 250 000)
Current situation on NSP drug scene
Drug use - lifetime prevalence (18-19 y.o.) (%) (Youth 2013, CBOS) "Dopalacze" Anti-cough medicine Psychedelic mushrooms 2008 2010 2013 Ecstasy Heroine Cocaine LSD Inhalants Amphetamine Tranquilizers and sedatives Cannabis 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40
07.10 08.10 09.10 10.10 11.10 12.10 01.11 02.11 03.11 04.11 05.11 06.11 07.11 08.11 09.11 10.11 11.11 12.11 01.12 02.12 03.12 04.12 05.12 06.12 07.12 08.12 09.12 10.12 11.12 12.12 01.13 02.13 03.13 04.13 05.13 06.13 07.13 08.13 09.13 10.13 11.13 12.13 Poisoning suspected to be caused by legal highs dopalacze 2010-2013 300 250 200 150 100 50 0 Source: Burda D. Center of Poisoning Control
Signs of involvement of organized crime in NSP production
Occurrence of use of methcatinone gain from OTC medicine causing MIP among PDU s* manganese-induced parkinsonism (MPI) caused by use of potassium permanganate in home made production of methcatinone from pseudoefedrine Among opiate problem drug users 5 cases reported from Institute of Psychiatry and Neurology in Warsaw Size of problem unknown many anecdotal information from street workers and therapist *Habrat, B (2013)
Current situation on NSP Decrees in use of legal highs! Difficulties in implementation of the law Increase in number of poisoning suspected to be caused by NPS in 2013 Signs of involvement of organized crime in NSP production Occurrence of use of methcatinone gain from OTC medicine causing manganese-induced parkinsonism (MPI) among PDU s
New draft legislation
New draft legislation Low Risk Risk Assessment Team Moderated Risk High Risk
New legislation Substitute drug - Substances matching the definition - Low or unknown risk - Marketing and production restricted - Financial sanctions (fine) New psychoactive substances - Published by Minister of Health in the Regulation - Individual and groups of substances (generic def.) - Moderated risk - Marketing and production restricted - Financial sanctions (fine) Drag law schedules - Published in schedules in Drug law - High risk - Criminal sanctions - Possession, trafficking, marketing and production punished
Thank you for attention michal.kidawa@kbpn.gov.pl