Misuse of Drugs (Jersey) Law 1978: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 24 July 2015:

Decision Reference: MD-HSS-2015-0026
Decision Summary Title :	Misuse of Drugs (Jersey) Law 1978 - Various amendments regarding the classification and control of substances		Date of Decision Summary:	1st July 2015
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 - Various amendments regarding the classification and control of substances		Date of Written Report:	1st July 2015
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 - Various amendments regarding the classification and control of substances
Decision(s): The Minister endorsed the recommendations of the Misuse of Drugs Advisory Council and accordingly determined that amendments to the Misuse of Drugs (Jersey) Law 1978, as amended, should be prepared.
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: Amendment: Law drafting instructions

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. Lisdexamphetamine

Lisdexamphetamine, which was introduced to the UK medicines market in March 2013, is closely related to the Class B controlled drug dexamphetamine. When administered orally, lisdexamphetamine converts to dexamphetamine, the Class B drug.

Lisdexamphetamine has the potential to replicate the physical and social harms associated with amphetamines. Physical effects can include anorexia, insomnia, dizziness, headaches, rapid heartbeat and hypertension. After chronic and/or high doses, convulsions, heart attacks, stroke and death have been reported.

The UK Government decided to control lisdexamphetamine as a Class B controlled substance

The MDAC has considered the UK Government’s decision and has concluded that lisdexamphetamine be similarly controlled in Jersey. The MDAC therefore recommends that lisdexamphetamine be controlled as a Class B substance under the Misuse of Drugs (Jersey) Law 1978 and placed in Schedule 2 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

3.2. Methiopropamine (MPA)

Methiopropamine was first synthesised in 1942 and has recently appeared on drug websites offering “legal highs” as an attempt to circumvent laws controlling methamphetamine. MPA is an analogue of methamphetamine and displays similar effects including stimulation, alertness and increase in energy.

Side effects following administration that have been reported include tachycardia, anxiety, panic attacks, chest tightening, increased sweating, difficulty in breathing, vomiting, difficulty urinating and sexual dysfunction. Weight loss and mental health issues such as paranoia, mood swings and low mood have been associated with long term use.

Recent data published by the National Programme on Substance Misuse Deaths shows that MPA has been implicated in 15 deaths in the UK during the last 3 years.

The MDAC recommends that methiopropamine should be controlled as a Class B substance and placed in Schedule 2 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

3.3. Synthetic opioid compounds

1-Cyclohexyl-4-(1,2diphenylethyl)piperazine (MT-45) and 3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921) are synthetic opioids

MT-45 and AH-7921are synthetic opioids with a similar potency to that of morphine. The UK Advisory Council on the Misuse of Drugs (ACMD) advises that these drugs present potential harms including the risk of addiction and respiratory depression. The ACMD further highlights reports by member States of the EU of adverse effects and incidents including coma and fatalities linked to MT-45 as a cause or contributory factor. The European Monitoring Centre for Drugs and Drug Addiction and Europol have published report in 2014 which confirmed 10 deaths linked with AH-7921.

The UK has, on the advice of the ACMD, classified MT-45 and AH-7921 as Class A substances

The MDAC has considered the UK Advisory Council’s recommendations and recommends that MT-45 and AH-7921 be classified as a Class A substances and placed 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.

3.4. 4-Methyl-5-(4methylphenyl)-4,5-dihydrooxazol-2-amine (4,4’-DMAR)

4,4’-DMAR is a new psychoactive substance (NPS) with stimulant properties. The ACMD has advised that the use of 4,4’-DMAR has been linked as a cause or contributory factor to health harms including agitation, convulsions and hyperthermia prior to deaths reported in the UK and EU member states.

The UK has, on the advice of the ACMD, classified MT-45 as a Class A substance

The MDAC has considered the UK Advisory Council’s recommendations and recommends that 4,4’-DMAR be classified as a Class A substance and placed 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 it has no known recognised medicinal use.

3.5. Methylphenidate related compounds

The MDAC has recently given consideration to a proposal to classify a number of methylphenidate related substances as a Class B controlled drugs.

The substances are:

3,4-Dichloromethylphenidate (3,4-DCMP)
Isopropylphenidate (IPP or IPPD)
Methylnaphthidate (HDMP-28)
Propylphenidate
4-methylmethylphenidate
ethylnaphthidate

On the advice of the ACMD the UK has, in April 2015, made four of these substances, together with ethylphenidate, subject to a Temporary Class Drug Order. These substances are stimulants and are probably regarded as alternatives to methylphenidate, a Class B substance. The ACMD has recently recommended controlling a further two substances

Ethylphenidate has been controlled as Class B substance in Jersey since December 2013. The MDAC therefore recommends that these substances be controlled in the same manner as ethylphenidate.

The MDAC recommends that the substances listed above be placed in Paragraph 1(a) of 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 Paragraph 1(a) of Part 1 of the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989.

3.6. Sativex

Sativex (a Class B controlled drug) is a cannabis based medicine which has been approved for use in healthcare. During the development of Sativex in 2008 the Minister for Health and Social Services issued a general licence to enable doctors to prescribe, pharmacists to dispense and patients to possess Sativex for medicinal use (a similar licence was issue by the UK Home Office in 2006 to permit use in the UK). Sativex continues to be available to healthcare professionals and patients under this licence. In 2010 the Medicines and Healthcare Products Regulatory Agency (MHRA) issued a marketing authorisation for Sativex for the add-on treatment for symptom improvement in patients with spasticity due to multiple sclerosis following successful clinical trials.

In 2013 the UK reclassified Sativex following advice from the ACMD such that it is now controlled in the UK under the normal regulatory framework governing medicines which are also controlled drugs as opposed to its availability under Home Office general licence.

The MDAC recommends that a similar approach is adopted in Jersey and that Sativex be placed in Schedule 4 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009 and exempted from control under the Misuse of Drugs (Designation) (Jersey) Order 1989. It will remain a Class B controlled drug.

3.7. LSD related compounds

The MDAC has given consideration to a proposal to classify five LSD related substances as Class A controlled drugs

The substances are:

(6aR,9R)-4-acetyl-N,N-diethyl-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ALD-52)
(6aR,9R)-N,N-diethyl-7-allyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (AL-LAD)
(6aR,9R)-N,N-diethyl-7-ethyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ETH-LAD)
(6aR,9R)-N,N-diethyl-7-propyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (PRO-LAD)
2,4-dimethylazetidinyl{(6aR,9R)-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinolin-9-yl}methanone (LSZ)

These substances were recently controlled in the UK following advice from the ACMD which reported that these substances have recently become more popular and are being offered for sale on specialist websites devoted to hallucinogens.

The MDAC recommends that the above substances be controlled as a Class A substances 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 as they have no known recognised medicinal use

3.8. Tryptamine compounds

The physical effects of tryptamine compounds are visual illusion, hallucination and euphoria amongst others. The UK ACMD has reported that in recent years there has been significant interest in hallucinogens of this type. A number of these substances which fall outside of the current generic definition are offered for sale as new psychoactive substances. Two in particular, alpha-methyl tryptamine (AMT) and 5-methoxy daillytryptamine (5-MeO DALT) have been routinely encountered through the UK Home Office’s Forensic Early Warning System.

The UK has controlled these additional tryptamine substances by extending the current generic definition provided in misuse of drugs legislation. The MDAC recommends that the same approach be adopted in Jersey.

These substances will be controlled as Class A substances, placed 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.

3.9. Synthetic Cannabinoids

The MDAC has previously recommended controlling a number of synthetic cannabinoids and legislation to do so was introduced initially in 2009 and added to in 2013 with broader generic definitions to control “second generation” materials which had appeared between 2009 and 2012.

Since these additional controls came into effect a “third generation” of synthetic cannabinoids, outside the scope of the 2013 controls, has entered the NPS market and become widely available, including materials intended for use in electronic cigarettes, so that a further review of controls is required.

The UK ACMD has proposed a revised generic definition, designed to control a broad range of “third generation” synthetic cannabinoids which are currently on the market and not controlled by the Misuse of Drugs (Jersey) Law 1978. This revised generic definition is to be used alongside the existing definitions already provided for in the Misuse of Drugs (Jersey) Law 1978.

The MDAC recommends controlling a broader range of synthetic cannabinoids by means of the revised generic definition developed by the UK ACMD. These substances will be controlled as Class B substances, placed 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.

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.