Dunne: Psychoactive Substances Bill a ‘game-changer’
Hon Peter Dunne
Associate Minister of Health
26 February 2013
Dunne: Psychoactive Substances Bill a ‘game-changer’
The Psychoactive Substances Bill introduced to Parliament today will mean legal highs have to be proved safe before they can be sold, Associate Health Minister Peter Dunne has announced.
“The Bill will be a complete game-changer in terms of party pills and other legal highs,” Mr Dunne said.
“It is about moving from constantly playing catch-up with this industry on each new product they produce, to reversing the onus of proof – now they will have to prove every product is safe before it goes on sale.
“This legislation will clean up what has been a highly irresponsible legal highs industry to date.
“Producers of products such as synthetic cannabis and party pills will no longer be able to play with the health of young New Zealanders,” he said.
He said that the law is expected to be in place by August to seamlessly replace the current temporary class drug notices regime, which has taken more than 30 substances and 50 products off the market.
“The drug notices have done their job, but they were always a temporary solution until we could get this legislation in place,” Mr Dunne said.
The Bill will include provisions for:
• A regulatory authority within
the Health Ministry to
o consider and approve or decline
psychoactive substances
o issue a manufacturing code of
practice
o issue importation, manufacturing and sale
licences
o conduct post-marketing monitoring, audit and
recall functions
• Establish an expert advisory
committee to provide the authority with technical
advice
• Set offences and penalties under the Bill,
including up to two years’ imprisonment for some offences,
and fines of up to $500,000
• Restrict sale of products
to those under 18, and place restrictions and prohibitions
on places of sale; and
• Establish an appeals
committee
Questions and Answers on the Psychoactive Substances Bill
What are low risk psychoactive
substances?
This refers to new psychoactive
substances for which the risks are low enough that they meet
the approval criteria set by the regulatory. We say
'low-risk' to avoid implying that they will be entirely
safe, as there will always be some risk. This is because
different people have different reactions to
pharmacologically active substances.
Why is the
Government bringing in this Bill?
We are doing this
because the current situation is untenable. Current
legislation is ineffective in dealing with the rapid growth
in synthetic psychoactive substances which can be tweaked to
be one step ahead of controls. Products are being sold
without any controls over their ingredients, without testing
requirements, or controls over where they can be sold. The
government must prove a risk of harm before controlling a
substance. The new regime will require a supplier or
manufacturer to apply to a regulator for a safety assessment
before any product can be sold.
Is this just legalising
drugs?
No. The regime will provide stronger controls
over psychoactive substances. At the moment, these products
are unregulated, with no control over ingredients, place of
sale, or who they can be sold to. Because they are synthetic
substances, there are a huge number of potential
ingredients, which makes it unfeasible to deal with them
individually.
It will be illegal to sell any product which has not been through an assessment. There will be strict restrictions on where products can be sold, the purchase age, and marketing restrictions.
What will the
implications of the new regime be for cannabis?
The
legal status of cannabis will not change. This is because
the regime will only cover new psychoactive substances that
are not already classified under the Misuse of Drugs Act
1975.
Why don’t you just ban everything?
We
start from the presumption that legislation should not be
used to restrict behaviour that cannot be proved to be
harmful. Products that meet the approval criteria will be
approved. However, our position will still be that not using
these products is the safest and best option for any
individual.
Is this a stealthy way of banning
everything and never approving any product?
No. Clear
testing requirements will be established to determine the
risks of psychoactive products. Products that meet the
approval criteria will be approved.
How will
risk/safety be determined?
Consistent toxicological
and behavioural testing will be required for every product
seeking approval. A new regulator will be established to
consider the data from this testing for each product.
Products that meet the approval criteria will be
approved.
What is the position over
animal-testing?
A number of possible alternative
tests have been identified and Health Ministry officials
will be advising the Minister if a combination of these
tests will be effective in demonstrating the safety of
psychoactive substances. An expert committee is being
established and one of its roles will be to progress this
work. Consistent with New Zealand’s animal welfare
legislation , the Government’s preference id to avoid
animal testing.
What do you mean by the
regulator?
A regulator will be established for
psychoactive substances. This regulator will oversee the
approval of products, monitor for compliance with post
market restrictions, and reassess products in light of any
new evidence of harm that might arise.
How many drugs
will get approved?
This cannot be known at this
point. Products that meet the approval criteria will be
approved.
Who will do the risk assessments?
The
new regulator will consider toxicological and clinical data
for each product.
Does this mean the Government is
endorsing drugs?
No. At the moment these products are
available without any information regarding their risks to
health. We are changing the system to require industry to
prove they do not pose a greater than a low risk of health
before they may be sold.
Will there be controls to stop
children buying these drugs from dairies?
Yes, there
will be restrictions on where substances can be sold and a
minimum purchase age which will be set in due
course.
What happens when the legislation comes into
force? Will everything be pulled from the shelves?
A
transition period will follow enactment of the new regime.
During the transition period, a sponsor will only be able to
sell:
• products with an application pending approval
by the regulator; and
• that have been legally on the
market for at least six months prior to enactment of the new
regime; and
• provided that there are no health
concerns about the products concerned.
Will this just
backfire and create a bigger black market?
No. We
expect that having low risk psychoactive products legally
available will make it less likely that consumers will
resort to a black
market.
ENDS