Interim controls on the importation and exportation of Benzylpiperazine (BZP)
1. Background
The Customs and Immigration Service has recently received enquiries regarding the legal status concerning the importation of Benzylpiperazine (BZP) for commercial sale locally as a ‘legal high’.
BZP is a synthetic substance. It was first reported in the European Union in 1999. Like amphetamine and methamphetamine, BZP is a central nervous system stimulant, but with a much lower potency (around 10 % of that of d-amphetamine).
The Service has established that BZP is not currently a controlled drug but falls within the definition of a medicinal product and is therefore subject to medicines legislation.
As it is not licensed it follows that importation for onward sale would contravene the Medicines (Jersey) Law 1995. Also, it is the opinion of the Chief Pharmacist that the sale or supply of an unlicensed medicinal product from premises which are not a registered pharmacy would also contravene medicines legislation.
Whilst the medicines legislation prohibits the commercial importation and sale of BZP without a licence it does not allow for the control of importations of a non-commercial nature.
In March 2008 the Council of the European Union, under decision 2008/206/JHA, decided that Member States shall take the necessary measures, in accordance with their national law, to submit 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP) to control measures proportionate to the risks of the substance, and criminal penalties, as provided for under their legislation complying with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
Whilst this decision is not binding to the Channel Islands, Guernsey authorities have recently introduced a prohibition on import and export of BZPs (without a licence) under The Import and Export of Goods (Control) (Guernsey) (Amendment) Order 2007. Additionally they also added BZPs to the schedules of their Open General Import and Export Licences. Therefore in Guernsey any import or export, from or to anywhere is now controlled.
It is the opinion of the Chief Pharmacist that having regard to the EU Council decision the Misuse of Drugs Advisory Council will recommend that BZP be made a controlled drug, however following consultation with colleagues he has requested that in the interim period all importations of BZP should be made subject to a licensing requirement.
2. Conclusion
Any goods can be made subject to a licensing regime either:
- By Order of the Minister
or,
- By the Head of the Customs and Immigration Service, acting in his capacity as Agent of the Impôts, adding the goods to the list in the Open General Import Licence that require a specific import licence and to the list in the Open General Export Licence that require a specific Export licence.
3. Recommendation
In order to achieve a control on the importation and exportation of BZP as quickly as possible the Customs and Immigration Service recommends to the Minister that ‘option b’ above is undertaken.
If the Minister is in agreement the Head of the Customs and Immigration Service, acting in his capacity as Agent of the Impôts, will add 1-benzylpiperazine (also known as 1-benzyl-1,4-diazacyclohexane, N-benzylpiperazine or — less precisely — as benzylpiperazine or BZP) to the list of goods in the Open General Import Licence that require a specific import licence and to the list of goods in the Open General Export Licence that require a specific Export licence.
4. Resource Implications
Should the Minister agree to the recommendation for interim controls to be put in place by the Head of Service on the importation and exportation of BZP there are no financial or manpower implications for the States of Jersey
David A J Nurse
Director, Legal Status and Revenue
Customs and Immigration Service
9th September 2008