Government of Jersey

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A decision made 21 February 2013:

Decision Reference: MD-HSS-2013-0008
Decision Summary Title :	Misuse of Drugs (Jersey) Law 1978 – Proposed Classification or reclassification of Substances as Controlled Drugs		Date of Decision Summary:	15th February 2013
Decision Summary Author:	Chief Pharmacist		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Misuse of Drugs (Jersey) Law 1978 – Proposed Classification or reclassification of Substances as Controlled Drugs		Date of Written Report:	15th February 2013
Written Report Author:	Chief Pharmacist		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Misuse of Drugs (Jersey) Law 1978 – Proposed Classification of Substances as Controlled Drugs
Decision(s): The Minister endorsed the recommendations of the Misuse of Drugs Advisory Council and accordingly determined that an amendment to the Misuse of Drugs (Jersey) Law 1978, as amended, should be prepared that would classify or reclassify a number of substances as controlled drugs.
Reason(s) for Decision: The Misuse of Drugs Advisory Council has recommended that a number of substances be classified or reclassified as controlled drugs under the provisions of the Misuse of Drugs (Jersey) Law 1978
Resource Implications: None
Action required: The Law Draftsman to be requested to prepare the necessary amendment on the basis of a drafting brief to be provided by the Chief Pharmacist.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Misuse of Drugs (Jersey) Law 1978 - Proposed Classification of Substances as Controlled Drugs

STATES OF JERSEY

HEALTH AND SOCIAL SERVICES DEPARTMENT

Misuse of Drugs (Jersey) Law 1978

Proposed Classification or Reclassification of Substances as Controlled Drugs

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. Methoxetamine [2-(ethylamino)-2-(3-methoxyphenyl)cyclohexanone]

The pattern of adverse events reported following acute use of Methoxetamine is similar to that seen with acute ketamine toxicity – including hallucinations, catatonia and dissociative effects. Methoxetamine appears to also present significant additional toxicity, the effects of which include agitation, cardiovascular effects including tachycardia and hypertension and cerebellar features such as ataxia. Methoxetamine and ketamine are currently controlled as Class C substances.

The MDAC recommends that methoxetamine (and its simple derivatives) be controlled under the Misuse of Drugs (Jersey) Law 1978 as Class B substances due to the additional toxicity demonstrated when compared to ketamine. This reclassification would mirror the position in the UK where methoxetamine has recently been controlled as a Class B substance.

3.2. Buprenorphine

Buprenorphine is currently controlled as a Class C substance under the Misuse of Drugs (Jersey) Law 1978. The MDAC was made aware of an increasing problem in the Island relating to the misuse of buprenorphine which included an increase in hospital admissions due the adverse effects of injecting buprenorphine and an increase in successful and unsuccessful attempts to unlawfully import buprenorphine into the Island.

Due to this increase in problems the MDAC recommends that buprenorphine be reclassified as a Class B substance. This will not create any new offences but will increase the penalties associated with activities such as unlawful importation and supply.

3.3. O-desmethyltramadol

O-desmethyltramadol is the major metabolite of tramadol and a significantly more potent opiate than its parent drug. O-desmethyltramadol has been offered for sale in the UK as a so called “legal high” in a product called ‘Krypton’.

The harms associated with the use of O-desmethyltramadol are commensurate with other substances controlled as Class B and the UK Advisory Council on the Misuse of Drugs recommends that it be controlled as a Class B substance.

The MDAC therefore recommends that O-desmethyltramadol be controlled as a Class B 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 in Part 1 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989

3.4. Synthetic Cannabinoids

A number of new synthetic cannabinoids have been identified and it is the view of the MDAC that these should be controlled similarly to other synthetic cannabinoids as Class B substances and placed in Schedule 1 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009. This should be by way of amending the existing generic definitions contained in the Misuse of Drugs (Jersey) Law 1978, Misuse of Drugs (General Provisions) (Jersey) Order 2009 and the Misuse of Drugs (Designation) (Jersey) order 1989

Recommendation

The Minister is requested to approve the recommendations of the Misuse of Drugs Advisory Council to bring the substances described above under the control of the Misuse of Drugs (Jersey) Law 1978 in the manner described and to direct the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman.