To approve the recommendation of the Misuse of Drugs Advisory Council that ketamine be brought under control of the Misuse of Drugs (Jersey) Law 1978

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 was made (29 March 2006) to approve the recommendations of the Misuse of Drugs Advisiory Council that ketamine be brought under the control of the Misuse of Drugs (Jersey) Law 1978

Subject:	Misuse of Drugs (Jersey) Law 1978 – Proposed Classification of Ketamine as a Controlled Drug
Decision Reference:			Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	Misuse of Drugs (Jersey) Law 1978 – Proposed Classification of Ketamine as a Controlled Drug
Written report – Author (name and job title)	Paul McCabe – Chief Pharmacist
Decision(s): To approve the recommendations of the Misuse of Drugs Advisory Council that ketamine be brought under the control of the Misuse of Drugs (Jersey) Law 1978
Reason(s) for decision: Ketamine is currently controlled as a prescription only medicine under the Medicines (Jersey) Law 1995. The Misuse of Drugs Advisory Council has recommended that ketamine be brought under the controls of the Misuse of Drugs (Jersey) Law 1978 as ketamine has been shown to be a substance of misuse.
Action required: To direct the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman
Signature: (Minister/ Assistant Minister)		Date of Decision:

To approve the recommendation of the Misuse of Drugs Advisory Council that ketamine be brought under control of the Misuse of Drugs (Jersey) Law 1978

STATES OF JERSEY

HEALTH AND SOCIAL SERVICES DEPARTMENT

Misuse of Drugs ( Jersey ) Law 1978

Proposed Classification of Ketamine as a Controlled Drug

1. Issue

The Minister is requested to consider bringing Ketamine under the control of the Misuse of Drugs (Jersey) Law 1978.

2. 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.

3. Background

The MDAC has given consideration to a proposal to bring Ketamine, a medicine currently controlled as a prescription only medicine under the Medicines (Jersey) Law 1995, under the control of the misuse of drugs legislation as ketamine has been shown to be a substance of misuse.

Ketamine is mainly used in veterinary practice but may also be prescribed in hospitals for pain management. In recent years enforcement agencies have become aware that ketamine has increasingly been taken as a recreational drug by those involved in the club scene.

As a dissociative anaesthetic, ketamine has hallucinogenic properties and can make the user feel detached from reality. Ketamine can affect the memory and is extremely dangerous when mixed with alcohol and/or other drugs under which circumstances it can be fatal. In addition, excessive doses can increase the risk of respiratory problems and heart failure. The long term effects of recreational use of ketamine are not yet known, but there is some evidence that a minority of users could become psychologically dependent.

Concerns were expressed by the MDAC that ketamine could potentially be used as a “date rape” drug.

The U.K. brought ketamine under the control of its misuse of drugs legislation on 1st January 2006.

The MDAC concluded that it would be desirable to bring ketamine under the control of the Misuse of Drugs (Jersey) Law 1978 such that it would be an offence to import and export, manufacture, supply and possess ketamine without lawful authority.

The MDAC therefore recommended that ketamine should be classified in the same manner as benzodiazepines as a Class C controlled drug and also placed in Schedule 4 of the Misuse of Drugs (General Provisions) (Jersey) Order 1989, as amended.

4. Recommendation

The Minister is requested to approve the proposal made by the MDAC that ketamine be brought under the control of the Misuse of Drugs (Jersey) Law 1978 in the manner described above and to direct the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman

Paul McCabe

Chief Pharmacist

1st March 2006