Last night Episode 4 of Enpsychedelia was released. Along with some other great content, it features an interview with me about the cannabis growers project and other musings on drug policy, the influence of research on government and collective action towards critically evaluating and reforming our drug laws.
You can listen here:
Thanks Nick Wallis for the opportunity. Hope to do it again and looking forward to the next installment.
Last week was a week of firsts for me: first time mentioned in The Age, first time a photo of me was printed in The Age, first time I have spoken on radio (3AW) and first time I’ve appeared on national television (The Project, Network Ten). As regular readers of this blog will know, I’ve done a bit of media training but haven’t had much of a chance to put it into practice. Now at least I’ve done these things once, I’ll have a better chance of preparing and understanding what’s required for next time 🙂
Journalists who tackle drug stories often get a bad rap – they are often accused of sensationalist, one-sided reporting. I want to congratulate the journalists I worked with on these stories as I feel they represented my views accurately. While there is always a dose more ‘drama’ in these stories than I am comfortable with, I don’t think these stories were over sensationalised and they were largely accurate in their reporting. So, thanks to the journalists involved. Looking forward to working with you again in future.
The Australia21 report argues the “war on drugs” has failed and we should consider other options for controlling drugs, such as decriminalisation or regulation. In addition to these arguments, an important challenge for drug prohibition has been overlooked in the drugs debate so far: the internet.
While the internet has opened up new opportunities to buy drugs, it has also accelerated new drug trends. In the past year, we’ve seen the emergence of two key trends: synthetic cannabinoids (sold as Kronic, K2, Spice, among other names) and the anonymous online marketplace Silk Road.
What are synthetic cannabinoids?
Synthetic cannabinoids are drugs that mimic the effects of cannabis. They are typically sold as a smokeable herb mixture which has been sprayed with synthetic cannabinoid chemicals and then dried. They first appeared internationally around 2004 and became the focus of increased media and regulatory attention in Australia in 2011.
Research into the harms of these products is in its infancy, but early reports suggest some synthetic cannabinoids may be more likely to produce paranoia and adverse cardiovascular problems than cannabis itself.
The internet is used to sell these products, as Googling the word Kronic will show you. Nevertheless, preliminary results from our yet-to-be-published survey of 316 synthetic cannabinoid users found that only 22% bought from online stores. Most preferred to buy from bricks-and-mortar stores such as herbal high shops, adult shops and tobacconists.
Comparisons of Google search statistics with our survey data suggest a link between the discussion of synthetic cannabinoids in online news, online searches for synthetic cannabinoids, and reports from survey respondents of when they first tried the drug. Increased media coverage of synthetic cannabis seems to pique public and drug user interest in these substances, which leads to further media interest in an iterative cycle.
Policy responses under prohibition
Various Australian states and territories, as well as the federal Therapeutic Goods Administration, legislated against specific synthetic cannabinoids during 2011. In response, manufacturers have attempted to get around these laws by creating new blends which they claim are legal.
It is still too early to tell whether soon-to-be-enacted federal laws – prohibiting eight broad categories of synthetic cannabinoids and any drugs that claim to mimic cannabis – will effectively end this cat-and-mouse game.
Silk Road is like an eBay for illicit drugs. All kinds of substances are available, including heroin, ecstasy, methamphetamine and cannabis. Similarly to eBay, buyers rate sellers and provide comments about the quality of their products, how fast they ship, and their level of professionalism and discretion.
Silk Road is accessible only to people who are using Tor anonymising software. Tor uses encryption which aims to make it impossible for anyone to trace the internet user’s IP address. Buyers and sellers on Silk Road also use the encrypted currency Bitcoin, which is supposed to prevent the financial transactions from being traced.
Australian buyers may be concerned about the potential for customs to discover the illicit contents of the package they receive in the mail. But discussions in the Silk Road forum suggest that Australians are using Silk Road to buy from both overseas and Australian sellers.
There is a lot we don’t know about Silk Road and other similar marketplaces. My colleagues and I will soon begin a pilot study to better understand how Silk Road works.
Policy responses under prohibition
It’s unclear whether any policy responses to control Silk Road have been effective.
One approach is to try to regulate overseas internet content through the proposed internet filter. But I doubt it will have any effect on Silk Road because it operates in what is known as the “hidden web”.
The second approach is to ban the technologies that make Silk Road work: Tor and Bitcoin. This does not appear to be possible because both are peer-to-peer technologies and it’s hard to imagine how such a ban could be enforced.
The third is to increase scanning of posted letters and parcels. But while scanning of the parcel post has been increased over recent years, it’s not clear how effective such measures are and what impact they have on the speed of the postal system.
The fourth is for law enforcement to infiltrate Silk Road to gather intelligence. This is probably already occurring. We’re yet to see whether such law enforcement measures are capable of disrupting the Silk Road market.
It’s becoming increasingly clear that synthetic drugs and online anonymous drug marketplaces pose unique challenges for drug prohibition. Policy makers must keep these challenges in mind when considering alternative ways to control and regulate drugs.
This post is co-authored by my colleague Steve Bright. We recommend citing this post as:
Bright, Stephen J., & Barratt, Monica J. (2011, November). The legal status of synthetic cannabinoids in Australia: A work in progress. Drugs, Internet, Society. http://monicabarratt.net/?p=221
Update Feburary 2012: The TGA announced new federal laws that will move 8 classes of synthetic cannabinoids into Schedule 9 (hoping to cover all variations of synthetic cannabinoids) as well as including a new class in schedule 9 of drugs that mimic cannabis (that is, if their effects are described as similar to cannabis, they will be prohibited regardless of their chemical composition). These laws will come into effect on May 1 this year. See http://www.tga.gov.au/pdf/scheduling/scheduling-decisions-1202-final.pdf
Original article begins:
One of the challenges we faced when researching this paper was understanding the legal status of synthetic cannabinoids in Australia. Not only are there different federal and state frameworks, there are also many different chemicals that have been identified as synthetic cannabinoids.
While doing this research, we were only able to locate one Australian organisation that had a page about synthetic cannabinoids which included information about their legal status (The NCPIC or National Cannabis Prevention and Information Centre). We understand that NCPIC is soon to release an update to their page. Of Substance has also just published a good article on ‘the banning of synthetic cannabinoids’.
Nevertheless, we felt it was important to do our own investigation into the legal status of synthetic cannabinoids by going beyond news articles and media releases. So we accessed relevant federal and state schedules and acts to locate recent amendments.
On July 8, the TGA banned 8 synthetic cannabinoids which are thus by default illegal in all states since all the state acts refer to the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP), also known as the Poisons Standard 2011. The SUSMP contains a derivatives and analogues clause. Under this clause, the scheduling of 8 synthetic cannabinoids would also capture many other similar substances.
Nonetheless, products containing other synthetic cannabinoids not included in this list of 8 chemicals may still be legal to sell and supply in states and territories without their own analogue laws (although we are not 100% sure about this). On the other hand, other synthetic cannabinoids could be considered analogues under the federal code even if they remained legal under state codes. Confused yet? We were!
Table 1 shows the timeline of legal status for synthetic cannabinoids by state and territory. This table is clearly subject to change as the laws evolve.
Table 1: Timeline of legal status for synthetic cannabinoids by state and territory
|Timeline of events/legislation changes|
|14 June – WA banned 7 chemicals
5 August – WA ban another 14 chemicals, taking it to a total of 21 chemicals banned in WA. Others still may be legal to supply and possess.
|17 June – SA bans 17 chemicals|
|July 8 – NSW passed changes at the same time as the TGA legislation came into force; however, they have only scheduled the 7 that WA scheduled the first time around (JWH 073, 018, 122, 200, 250, CP47,497, & H8-CP47,497), and not the 8th chemical that the TGA scheduled (AM 694). Nonetheless, AM 694 would be covered by default through the NSW act’s reference to the federal SUSMP (the Poisons Standard).|
|August 2 – Tasmania has made significant changes to their legislation, introducing an analogues act, and scheduling a number of research chemicals that are not listed in the SUSMP, in addition to 4 synthetic cannabinoids|
|August 12 – NT Banned 18 synthetic cannbinoids|
|QLD has proposed legislative changes, but thus far the changes have not yet been passed in parliament (note the endnote 3 on the last page).|
|VIC have proposed changes, but nothing has progressed.|
|No specific legislation was found, though the ACT’s laws refers to the SUSMP outlawing 8 chemicals. Nonetheless, the ACT government arranged to have an amnesty until 1 August 2011 when people were not prosecuted for offences related to these products.|
Table 2 is our attempt to chart the scheduling of each individual synthetic cannabinoid, federally and across states and territories. Again this table is very much subject to change. (The link below leads to Table 2 in Excel hosted by Google Docs.)
As the title of this post suggests, this information is a work in progress. Please speak to a lawyer if you need the assurances of accurate and up-to-date information on this issue: we provide no guarantees that our publication is correct, but we will do our best to update it. Readers are encouraged to comment and to suggest updates/edits to this information to assist us.
We noted with interest the poster displayed in a sex shop window on Bridge Road in Richmond (Victoria) last weekend boldly advertising that Kronic was available to purchase. It is clear that although the Poisons Standard includes a range of synthetic cannabinoids and others through its derivatives clause, the drug is currently still available for sale in retail outlets, at least in the state of Victoria. This situation is doubly confusing for people who buy Kronic who may believe the drug to be ‘legal’ given that a retail outlet is selling it. Is this sex shop breaching federal law by selling it? That would depend on what actual chemicals this blend contained, whether they were banned or derivatives of those banned.
The other issue we watch with interest is the trend towards state versions of derivative/analogue laws. For example, Queensland is considering the Criminal and Other Legislation Amendment Bill 2011 that would amend their Drugs Misuse Act 1986. A “dangerous drug” would also include a substance that “has a substantially similar pharmacological effect; or is intended, or apparently intended, to have a substantially similar pharmacological effect”. The idea here is for this law to enable all substances that mimic currently illegal drugs to also be deemed illegal without needing to continually schedule new chemicals. The unintended negative consequences of such a law and whether or not it would work in practice are yet to be seen.