The Law

Since November 26, 2016, the “New Psychoactive Substance Law” (NpSG) has been in force in Germany. For the first time, not individual substances but whole substance groups such as the synthetic cannabinoids or 2-phenethylamines, for example, Cathinone (synthetic amphetamines) are detected. Before this law, newly developed NPS were often recorded as a single substance only after a delay by the Narcotics Act (BtmG) and, according to a ruling of the European Court of Justice, since 2014 no longer considered to be a medical product. So there was a loophole for NPS. For these substances, the term “legal highs” has emerged. The NpSG provides for a ban on the acquisition, possession and trading of new psychoactive substances (NPS) as well as the transfer of NPS. In addition, this new law allows law enforcement authorities to carry out arrangements to monitor telecommunications and asset recovery, if appropriate, and to justify the order for pre-trial detention for the risk of repetition.

The New Psychoactive Substances Act on the Internet:
New Psychoactive Substances Act   NpSG

Under control?

NPS, as well as other drugs and medicines, may be described as being ’controlled‘ or ’not controlled‘ by law. To ‘control’ psychoactive substances, an international drug control system exists. This systems contains three international conventions (agreements) set up by the United Nations in 1961, 1971, and 1988. To NPS, only the conventions of 1961 and 1971 apply. In these agreements, substances are ranked according to their risk for abuse and therapeutic or medical value. Substances on Schedule I, such as MDMA or LSD, are considered most dangerous, and are most strictly controlled. The international drug control agreements do not, however, require any country in the UN to treat the consumption of drugs as a punishable act (as opposed to possession of drugs).

Under Control?
National, International

National and international

NPS will not immediately be under national or international control. NPS are often newly developed chemical compounds which are therefore not yet known and listed in drug schedules. So at first instance, the substance will be allowed to be produced, sold and bought. When an NPS is discovered by law enforcement and/or laboratories, and reported to national or European ‘early warning systems’ for new drugs, it will be monitored how much (health) harms a substance causes in society. When the (possible) damage has been evaluated, it may be decided to control a new substance. It will then be added to a (national or international) scheduling list for ‘illegal drugs’. Production, trafficking, trade, and possession of the substance are thereby made strictly controlled (or punishable) acts.

World Health Organisation

Through the website of the World Health Organisation, the lists with all substances under international control can be found. The WHO evaluates the risks of psychoactive substances, and then gives advice on which should be put under international control (and under which schedule). Individual countries can also place substances or entire chemical substance groups under control through national drug laws, even when these substances are not (yet) under international control. For information on which substances and/or substance groups are controlled in your country, please check your country’s webpage through this website.

A very clear explanation of the legal definition of NPS and the difference between controlled versus uncontrolled substances (nationally and internationally) is given in this short clip by the European Monitoring Centre for Drugs and Drug Addiction.