Tag: policy

Would you like to do a PhD on drug checking with me?

The Loop Australia’s drug checking service at Earth Frequency Festival, May 2024 (Qld)

The supply of illegal drugs is unregulated due to prohibition. Unregulated supply results in drugs being sold that are of unknown content and strength, leading to overdoses which are sometimes fatal. Drug checking (a.k.a. pill testing) services (DCS) are a health response to this problem: members of the public submit substances of concern for chemical analysis and get the results back alongside a tailored health intervention. They empower people who use drugs to make informed decisions about their health, while also enabling communities and authorities to amplify health messages when toxic adulterations are detected.

While relatively new in Australia, DCS have been established for 50+ years in 30+ countries. But there is still much we don’t know. Knowledge gaps include: (1) the medium-to-long-term effectiveness of DCS on reducing drug harms, (2) the effects of the public outputs of DCS on drug harms, (3) how best to leverage community experiences of toxic drug outbreaks, and (4) how best to reach diverse groups.

A PhD candidate is sought to lead a research project to address one or more of these knowledge gaps, supervised by me/Monica, who leads a research program focused on emerging drug market trends. I have a partnership with The Loop Australia, offering access to service-level data and internship possibilities. The candidate may have an academic background in qualitative, quantitative or mixed methods approaches to research. People with living or lived experience of substance use and/or who have worked with people who use drugs are encouraged to apply.

To be considered for this PhD Scholarship at RMIT University, applicants must meet the Eligibility criteria and English requirements as described on the How to Apply page, and should ideally meet the selection criteria below:  

  1. Hold a degree (Honours or Masters) with a demonstrated research component. HD level grades are desirable. Relevant disciplines include but are not limited to psychology, sociology, criminology, health sciences, epidemiology.
  2. Excellent written and verbal communication skills, with an ability to explain technical detail to non-technical audiences.
  3. Previous demonstrated experience conducting quantitative, qualitative or mixed methods research with humans on health or social topics (please describe what kinds of research you have experience with, what roles you played in these projects, and analysis techniques, approaches and software you have used)
  4. Previous interest in, or knowledge of, the drugs and harm reduction fields. While demonstration of existing knowledge of the drugs field is desirable, candidates with demonstrated research expertise in other fields are still welcome to apply.  
  5. People with living or lived experience of substance use and/or who have worked with people who use drugs are encouraged to apply. If you do not hold one of the qualifications detailed under the Eligibility criteria on the How to Apply page, you will only be considered for scholarship if you have previous publications or significant research experience at the discretion of the project lead.

All applicants should email the following to Dr Monica Barratt, monica.barratt@rmit.edu.au

  • a cover letter, which should directly address each of the key selection criteria (see above)
  • your academic transcript
  • your Curriculum Vitae, including a section on research skills and their application
  • a 1-2 page research proposal focusing on responding to unregulated drug markets with drug checking services

The research proposal is a key part of the application process where applicants must demonstrate the value of their research and their suitability for scholarship selection.

Your proposal should be developed under the following headings:

  • Title
  • Research questions you plan to investigate in the context of existing research/literature
  • Methodology/research tasks required to undertake the research
  • Significance and impact of the research

Applications close Sunday 20th October 2024!

Following the scholarship closing date, these applications will be assessed, with applicants making the first round invited to a casual chat. Second round applicants will be asked to participate in an interview.

Drug checking – What can Australia’s Victoria learn from Canada’s Victoria?

Drug checking: What can Australia’s Victoria learn from Canada’s Victoria? was hosted by the Social Equity Research Centre, RMIT University, and Co-hosted by the Students for Sensible Drug Policy, Harm Reduction Victoria, Victorian Alcohol and Drug Association, Yarra Drug and Health Forum and the Victorian Substance Use Research Forum.

In case you missed it, Professor Chris Gill from Victoria, BC, Canada talks about his experiences heading up the chemistry component of Victoria’s Substance drug-checking service, followed by a panel discussion with Chris Gill, Jenn Schumann, Nick Kent, Stephanie Tzanetis, Malcolm McLeod and Sarah Hiley.

Special issue of Drug & Alcohol Review – music festivals

As Deputy Editor for Drug and Alcohol Review, I was asked to write an introduction to a virtual special issue collecting papers from the journal published in the last 4 years on this topic. The papers are available for free download here.

The full introduction is reproduced below:

Dance music festivals are typically outdoor events where electronic dance music is performed to large crowds of festivalgoers. These events have emerged as sites of alcohol and other psychoactive substance use, particularly MDMA (or ‘ecstasy’), other stimulants, as well as psychedelic drugs. While some such festivals are single-day events (typically held in urban locations), they are commonly held over multiple days in non-urban locations, with attendees typically camping at the event for 3 to 5 days (sometimes longer). This virtual issue of Drug and Alcohol Review contains 11 papers published in the journal since 2018 on the topic of alcohol and other drug use and harms, and associated policy and monitoring responses, in these festival settings.

Seven of these papers engaged with populations of festival attendees, typically through surveying them to collected self-reported information [1-7]. The typical age of surveyed festivalgoers was young, with median and average ages in the mid-20s across all studies [1-7]. Four of these studies involved in-situ data collection [4-7] – that is, festivalgoers completed the surveys at the festival they were attending – with the remaining three studies conducted through web surveys that asked people to recall and report on their behaviours at previous festival attendances [1-3]. Only one of these studies combined biological measurement with self-report, and in this study, only the use and markers of alcohol consumption were measured [7]. Illegal drug use, and specifically the use of MDMA, was the focus of the remaining 6 studies of festival attendees [1-6]. Event-based measurement – that is, where questions are focused on characteristics of a specific event (usually the current event or the most recent event attended) – was employed among 3 studies [3, 5, 7], while the use of scenarios and measurement of future intended behaviours was employed by 3 studies [1, 4, 6] – all exploring hypothetical responses by festivalgoers to scenarios where drug checking services were available.

Of the 7 articles reporting research with festival attendees, 4 studies were measuring patterns of alcohol and other drug use [2, 3, 5, 7]; in particular, higher-risk behaviours and harm reduction practices. Two papers confirm that double dropping – taking two (or more) MDMA pills or capsules simultaneously – is prevalent among Australian festivalgoers, with Grigg et al. [3] reporting 48% of festivalgoers (who used MDMA) double dropping at the last festival they attended (data collected 2016) and Healey et al. [5] also reporting 48% double dropped (or intended to do so later in the day) at the festival event where they were surveyed (data collected 2019-2020). Healey et al. also reported on the practice of preloading: consuming all of their drugs prior to entering the (single-day) festival. Of the festival-goers who reported drug use during the festival, 33% reported preloading. This behaviour appeared to be related to how the festivals they attended were policed. Those who agreed that knowledge of or anticipation of police or police dog presence at the festival had altered their drug use patterns were at over double the odds (adjusted odds ratio 2.2) of reporting preloading their drugs before entering the festival. While double dropping practices may be based on past experiences of MDMA pills being relatively weak in Australia, with the rise of high strength pills and capsules, double dropping is much more likely to result in MDMA toxicity. Healey et al.’s findings that preloading with drugs prior to events is commonplace and is a response to policing practices is concerning and should spur more urgent action to overhaul such the relatively heavy-handed policing practices that occur at music festivals in Australia.

The web survey of an international sample of festivalgoers (primarily from Spain, USA and Australia) reported by Fernández Calderón et al. [2] focused on harm-reducing practices, such as avoiding mixing depressants (69%) and limiting the quantities of drugs consumed (62%). Overall, fewer adverse health events were reported by respondents who also took harm reducing measures. Norman et al.’s [7] study used multiple measures of alcohol drinking over a prolonged drinking event, finding that a diverse set of 4 measurements contributed unique and valuable information. Importantly – while only conducted with 14 participants – this study demonstrates feasibility of continuous alcohol monitoring and the use of unobtrusive biological techniques among the festivalgoer population.

The remaining 3 papers that engaged festivalgoer populations were focused on how people might respond to a drug checking service [1, 4, 6].  Taken together, in the Australian context where drug checking has been formally available at only two single events in the ACT [8], these studies indicate a strong desire to use drug checking services if available, with an on-site service (94%) somewhat more popular than a fixed-site or off-site (external to the festival) service (85%) [1]. Lack of support for drug checking from government and police was a considerable barrier, with 94% reporting that they would not use a service if there was the possibility of arrest [1]. One political barrier to drug checking introduction has been the contention that drug checking services would increase the use of MDMA among this population, by ‘giving the green light’ to use drugs. Two of these studies provide data to refute this contention [4, 6].  Hollett and Gately [6] found that both people who had never used MDMA and people with MDMA experience reduced their MDMA risk across on-site and fixed-site drug checking scenarios; however, they noted that people with MDMA experience were less likely to reduce risk than MDMA naïve participants in some situations, for example, when the hypothetical drug checking result showed a high strength MDMA pill or a pill substituted with PMA/PMMA. It may be that certain risks (higher strength; PMA/PMMA) may be perceived as less concerning to those with more experience then to those who are MDMA naïve. Murphy et al. [4] report that neither group (MDMA experienced and MDMA naïve) reported an increased intention to use MDMA in scenarios were drug checking was available. Subjective norms (e.g. items like “Most of my ecstasy-using friends tell me that I should test/check the content of my pill before I use ecstasy” [9]) were associated with intended use of both on-site and fixed-site drug checking services. These studies also found that festival goers were willing to co-pay for a drug checking services – $12 [6] or $10 [1] for an on-site test.

The remaining 4 papers that did not report on festivalgoer populations all focused on the topic of drug checking at music festivals, and included: a representative survey of the Australian population measuring attitudes towards drug checking at music festivals [10], two policy analysis papers on the topic of drug checking in the Australian jurisdictions of NSW and the ACT [11, 12], and one paper from Italy reporting descriptive drug sample data from an operational drug checking service [13]. Through these papers we learn that almost two-thirds of the Australian public (64%) support “pill testing at music festivals” while 22% are opposed, 14% neutral and 1% did not answer. Political affiliation was associated with support, with voters for the two main Australian conservative parties the least likely to support this initiative [10]. The two policy analysis papers utilised document analysis to create detailed timelines of critical policy and advocacy events, utilising news coverage, transcripts of television specials on the topic of drug checking, parliamentary transcriptions and reports [11, 12]. Ritter’s analysis of the debate in NSW synthesises the narratives used by those in favour and those opposed to drug checking, finding that both sides appeared to share a basic goal of ‘saving lives’ but as the beliefs and values underlying this goal differed, the debate continued to remain polarised [11]. Sommerville et al. compared one jurisdiction who had successfully supported drug checking (ACT) with one that had failed to do so (NSW) using the Advocacy Coalition Framework [12]. The key difference identified was that the dominant coalition in ACT was health-led, whereas the dominant coalition in NSW was led by law enforcement. For policy change on drug checking to occur in NSW, both core and secondary beliefs of the dominant law enforcement policy required shifting, a shift that rarely occurs [12]. The final paper in this special issue reported on an active drug checking service in Italy in the festival and party context, focusing on the drugs detected and the use of a Raman spectrometer in the field [13]. Raman instruments are often used for policing application (e.g. the “TruNarc”) and are rugged, field-deployable, are not required to touch the drug sample directly and provide fast results. However, the Raman fails to identify substances when present in low quantities or when a novel substance was not available in its spectral library [13]. Raman instruments are likely to be useful among a suite of analytic tools used in drug checking services, rather than as a stand-alone instrument.

This collection contains only 2 papers from outside of Australia – but it should be noted that Drug and Alcohol Review has also recently published Canadian papers on drug checking (just not in a festival context) [14, 15] as well as papers related to similar drug use practices but within the nightclub setting, e.g. in New York City [16-18].

This showcase of festival-related research provides some pertinent information relevant to advocates and policy makers. It demonstrates that the lack of drug checking in most parts of Australia cannot be blamed on a lack of evidence or on a lack of public support. Indeed, the lack of uptake of drug checking may be much more associated with a clash of values and the location of where the most political power currently lies, that is, within coalitions of partners aligned with law enforcement. As festivals begin to emerge again after the easing of pandemic restrictions on large gatherings, we may see further pushes for policy reform, especially in the event of deaths that could be prevented by service provision as well as public drug alerts derived from checking services.

Dr Monica Barratt
Senior Vice Chancellor’s Research Fellow, RMIT University, Melbourne Australia
and Deputy Editor for Drug and Alcohol Review
References
  1. Barratt MJ, Bruno R, Ezard N, Ritter A. Pill testing or drug checking in Australia: Acceptability of service design features. Drug Alcohol Rev 2018;37:226-36.
  2. Fernández Calderón F, Díaz Batanero C, Barratt MJ, Palamar JJ. Harm reduction strategies related to dosing and their relation to harms among festival attendees who use multiple drugs. Drug Alcohol Rev 2019;38:57-67.
  3. Grigg J, Barratt MJ, Lenton S. Double dropping down under: Correlates of simultaneous consumption of two ecstasy pills in a sample of Australian outdoor music festival attendees. Drug Alcohol Rev 2018;37:851-5.
  4. Murphy S, Bright SJ, Dear G. Could a drug-checking service increase intention to use ecstasy at a festival? Drug Alcohol Rev 2021;40:974-8.
  5. Healey A, Siefried KJ, Harrod ME, Franklin E, Peacock A, Barratt MJ, et al. Correlates of higher-risk drug-related behaviours at music festivals in New South Wales, Australia. Drug Alcohol Rev 2021 [Epub ahead of print]. https://doi.org/10.1111/dar.13404
  6. Hollett RC, Gately N. Risk intentions following pill test scenarios are predicted by MDMA use history and sensation seeking: A quantitative field study at an Australian music festival. Drug Alcohol Rev 2019;38:473-81.
  7. Norman T, Peacock A, Ferguson SG, Kuntsche E, Bruno R. Combining transdermal and breath alcohol assessments, real-time drink logs and retrospective self-reports to measure alcohol consumption and intoxication across a multi-day music festival. Drug Alcohol Rev 2021;40:1112-21.
  8. Olsen A, Wong G, McDonald D. ACT Pill Testing Trial 2019: Program Evaluation. Canberra, ACT: Australian National University; 2019.
  9. Davis AK, Rosenberg H. Using the Theory of Planned Behavior to predict implementation of harm reduction strategies among MDMA/ecstasy users. Psychol Addict Behav 2016;30:500-8.
  10. McAllister I, Makkai T. The effect of public opinion and politics on attitudes towards pill testing: Results from the 2019 Australian Election Study. Drug Alcohol Rev 2021;40:521-9.
  11. Ritter A. Making drug policy in summer—drug checking in Australia as providing more heat than light. Drug Alcohol Rev 2019;39:12-20.
  12. Sommerville K, Ritter A, Stephenson N. Pill testing policy: A comparative analysis using the Advocacy Coalition Framework. Drug Alcohol Rev 2021 [Epub ahead of print]. https://doi.org/10.1111/dar.13352
  13. Gerace E, Seganti F, Luciano C, Lombardo T, Di Corcia D, Teifel H, et al. On-site identification of psychoactive drugs by portable Raman spectroscopy during drug-checking service in electronic music events. Drug Alcohol Rev 2019;38:50-6.
  14. Borden SA, Saatchi A, Vandergrift GW, Palaty J, Lysyshyn M, Gill CG. A new quantitative drug checking technology for harm reduction: Pilot study in Vancouver, Canada using paper spray mass spectrometry. Drug Alcohol Rev 2021 [Epub ahead of print]. https://doi.org/10.1111/dar.13370
  15. McCrae K, Tobias S, Grant C, Lysyshyn M, Laing R, Wood E, et al. Assessing the limit of detection of Fourier-transform infrared spectroscopy and immunoassay strips for fentanyl in a real-world setting. Drug Alcohol Rev 2020;39:98-102.
  16. Kelly BC, Vuolo M. Nightlife scene involvement and patterns of prescription drug misuse. Drug Alcohol Rev 2020;39:888-97.
  17. Palamar JJ, Barratt MJ. Prevalence of reagent test-kit use and perceptions of purity among ecstasy users in an electronic dance music scene in New York City. Drug Alcohol Rev 2019;38:42-9.
  18. Palamar JJ, Le A, Acosta P, Cleland CM. Consistency of self-reported drug use among electronic dance music party attendees. Drug Alcohol Rev 2019;38:798-806.

The problem with banning

Edit: You can listen to a version of this post here: Link to 1233 Newcastle clip

Tragically, we have seen another teen (Henry Kwan) die after consuming what he believed to be LSD, but which was actually an NBOMe (e.g. 25I-NBOMe), which is a much newer and more potent psychedelic substance. At the same time the NSW Fair Trading Department has banned a list of products that contain synthetic analogue drugs and has raided stores across that state.

I was asked onto ABC Radio in Newcastle this morning for my view on this issue and this is a summary of what I said:

The problem with banning is that banning is one of the major causes of this problem in the first place.

To take the example of cannabis, we currently prohibit the use of cannabis, although if someone is caught with personal use amounts of cannabis, they will either be fined or diverted for first offences across Australia. Even so, people know that it is illegal and that it is an offence. And many people care deeply about that. They want to be able to consume cannabis and not worry at all about being caught, to be able to do it legally, to know that they can enjoy a weekend spliff just like others enjoy a weekend beer, without having to worry about losing their job because a drug test is positive for past cannabis use.

So when these people are made aware of a new so-called legal weed, the synthetic cannabis products, they are interested. Maybe they can finally enjoy the cannabis like high without having to worry about the legality.

So you can see that prohibition of cannabis largely drives these people’s attraction to synthetic cannabis products.

Over the last couple of years we have seen some of the health harms that have arisen from people switching from natural to synthetic – including withdrawal, dependence, psychosis, seizures. Now, I’m not saying plant based cannabis is harmless, but it has been proven to have medicinal pain relieving qualities. At least we know a lot more about cannabis and its many constituents, we have been doing research for many decades and it has been used by humans for millenia. This is the opposite for the vast number of synthetic cannabinoids which we know very little about. Therefore, I think it is reasonable to conclude that if someone is going to use one product or the other, natural plant-based cannabis is a better choice, a healthier choice. Yet, our policies seem to be pushing people towards the lesser choice, the choice we know less about, and which appears to be associated with more harmful effects – that is, the synthetic cannabis products.

We need to ask: what is drug policy about? Is it about helping people to reduce drug harms, by nudging them towards less harmful options? Or is it about putting our head in the sand and thinking we can eliminate all drug use somehow, while at the same time, nudging people who consume drugs towards more harmful options? Or is it not about harms at all… but rather, about the appearance of doing something in the eyes of the voting public?

I think we need to have a serious discussion about what we want from our drug policies and what we value in Australia when it comes to drug use, something almost all of us do when you consider that alcohol, caffeine and pain medications are also psychoactive drugs.

I would suggest that Australia needs to join the global discussion about alternatives to the prohibition model. That doesn’t mean that we move to legalisation of all drugs – there are a lot of different models of regulation we could consider. But the very first step is to acknowledge that we have a problem and that we need to consider solutions. Until the Australian public and our governments and our other officials in police, justice, health and social sectors publicly acknowledge that the current system is broken, anyone who tries to start this discussion is labelled as radical. These issues are complex and they require strong leadership of a public discussion that opens up our assumptions to full scrutiny.

Australia’s newest response to emerging psychoactive drugs

Having followed this issue closely and recently published an article in The Conversation outlining the various policy responses Australia might consider in response to emerging psychoactive drugs, I was surprised to read about the passing of new commonwealth legislation amending the Criminal Code 1995 in The Age yesterday.

Link to new legislation

Link to explanatory document

Link to call for public comment

Link to parliamentary readings and timeline for passing of bill

From these documents, we see that the first reading of the bill occurred on 10 October, a period of public comment was available from 11 to 26 October, the bill was passed to Senate on 30 October. It was introduced to the Senate on 31 October and passed on 21 November.

While all this was happening, I was focusing on providing evidence to the NSW Inquiry into new synthetic drugs, with no idea of the development and public consultation period of this other important legislation. While clearly I need to be better informed, I also think the Commonwealth should consider increasing public awareness and the capacity for the public to input into this area, as the NSW Inquiry has done.

Moving onto the legislation…

While I’m not a lawyer and have only read the bill once (disclaimer: don’t rely on me for legal advice!), this is the bit I think is the most important to consider:

“301.13 Emergency determinations—serious drugs
(1) The Minister may, by legislative instrument, determine that:
(a) a substance, other than a growing plant, is a controlled drug or a border controlled drug; or
(b) a growing plant is a controlled plant or a border controlled plant.
(2) The Minister must not make a determination under subsection (1) unless he or she is satisfied:
(a) that there is an imminent and substantial risk that the substance or plant will be taken without appropriate medical supervision; and
(b) one or more of the following conditions is met:
(i) taking the substance or plant may create a risk of death or serious harm;
(ii) taking the substance or plant may have a physical or mental effect substantially similar to that caused by taking a listed serious drug;
(iii) there is limited or no known lawful use of the substance or plant in Australia, and the substance or plant has been found by a public official in the course of the performance of the official’s duties;
(iv) the substance or plant may pose a substantial risk to the health or safety of the public.
(3) The Minister must not make more than one determination under this section in relation to a particular substance or plant.”

Initial questions that arise after reading this paragraph for me are:
–    Are we now in Australia going to have new drugs controlled entirely at discretion of parliamentary ministers?
–    Section 2-b-ii If the new substance has an effect ‘substantially similar’ to that caused by a prohibited drug will be enough to ban it… even if it causes substantially less harm whilst still producing a similar psychoactive effect?
–    Section 2-b Only one of these conditions needs to be met?

“301.17 Emergency determinations—publication
(1) The Minister must, on or before the day on which a determination under this Subdivision is registered (within the meaning of the Legislative Instruments Act 2003):
(a) make a public announcement of the determination; and
(b) cause a copy of the announcement to be published:
(i) on the internet; and
(ii) in a newspaper circulating in each State, the Australian Capital Territory and the Northern Territory.”

My interpretation – folks will have absolutely no warning about said emergency determinations. No grace period for suppliers or users to remove these items from shelves or from their houses.

What I don’t understand is how will this legislative changes interact with State/Territory legislation. How will it be applied outside of federal jurisdictions? Any comments or thoughts on this issue would be appreciated.

Our federal response has gone in the opposite direction of our counterparts in New Zealand, who have proposed a regulatory model to deal with new psychoactive drugs.

While the NZ scheme would allow for the scenario of a lower risk alternative drug being legally available to use, the Australian response appears to assume that ANY substances that produces substantially similar effects to currently prohibited substances must be banned.

The problem is obvious to me. While there is no formal recognition of the functions and benefits of drugs that cannot be classed as formally ‘medical’ (that is, to get high, to enjoy oneself, to relax, to achieve personal insights, to explore altered conscious states), it is consistent to ban any substance with substantially similar effects to those currently prohibited.

Until our society can accept the critical importance of altering conscious states for human beings (and indeed many other animal species), we will fail* in our attempts to regulate emerging psychoactive substances.

* My definition of ‘fail’ may be different from yours or the government’s – I believe we have failed if our policies actually result in more rather than less drug-related harm.

Some would argue that if these new laws reduce access to emergent drugs, thereby reducing use, then less harm is produced. My hunch, however, is that access will continue, but our information about what is in these products and what we should advise people who choose to use them will be even more limited than it currently is. If my hunch is correct, we will be inducing more harm and providing less and less control.

We will also have to wait and see how these laws will play out in practice and when interacted with other legislative instruments.

I may be wrong on any of the above, so please correct me in the comments. Your input is greatly appreciated.

 

Synthetic cannabinoids in Australia: an update

Stephen Bright and I recently posted an update to our popular post from November 2011 on The Conversation. It is reprinted in full below:

Synthetic cannabis is a lab-made product that mimics the effects of cannabis to give users a high when smoked. It has been sold in Australia since 2011 under various brand names, with a range of chemical compositions.

The product presents a unique challenge for drug policymakers. Despite 18 months of legislative action intended to ban synthetic cannabis, people in some states claim [mp3] they can still walk into a sex store or tobacconist and purchase it. Clearly the legislative changes have not been totally effective.

Who uses synthetic cannabis in Australia?

Last month, we published findings from the first survey of synthetic cannabis users in Australia.

When we asked people why they had first used synthetic cannabis, its legal status was an important reason. While 39% stated that they first tried the product because it was legal, 23% mentioned its availability was important, and 8% mentioned its non-detection in drug testing as a key factor.

We also found that almost all synthetic cannabis users who participated in our study had previously or were currently using cannabis.

Furthermore, evidence from this study and from the wider literature (for example, by Christopher Hoyte and Maren Hermanns-Clausen) indicates that synthetic cannabis products may be as risky as or more risky than cannabis itself. This is due to the lack of information about the ingredients in synthetic cannabis products and the pharmacological profiles of different synthetic cannabis varieties. We have virtually no information about longer term effects of these drugs.

The current state of regulation

A year ago, we published a summary of the legal status of synthetic cannabinoids in Australia. Since then, the Therapeutic Goods Administration (TGA) enacted new laws that prohibited eight broad classes of synthetic cannabinoids as well as any drugs that mimic cannabis.

These laws were intended to capture synthetic cannabinoids that were yet to be identified or even synthesised, in order to put an end to the cat and mouse game, where manufacturers introduce a new product immediately after legislators prohibit an old one.

Despite the TGA laws being ratified six months ago, there does not appear to have been any prosecutions of manufacturers based on these laws to date.

While importation falls under federal legislation, most drug laws are state-based. And while the relevant legislation in some states such as Victoria refers to the TGA’s legislation, the drug laws in other states such as New South Wales do not.

Our advice from law enforcement representatives in these states suggests that prosecution using the TGA’s legislation can only occur in federal jurisdictions (such as border control) and requires involvement by federal agents.

Nonetheless, even in Victoria – where some stores have reportedly had their synthetic cannabis confiscated since the TGA’s laws were ratified – it is unclear whether charges will be laid. Until charges are laid and these cases tried, the impact of the new laws remains unclear.

In another development, Queensland moved to independently implement new legislation redefining a “dangerous drug” as anything intended to “have a substantially similar pharmacological effect” to a banned substance.

But this legislation was not ratified, which meant that Queensland police eventually dropped charges against a number of retailers whose synthetic cannabis was confiscated.

Assessing the regulatory options

Given the ambiguity regarding synthetic cannabis, a NSW parliamentary committee is assessing the regulatory options for newer synthetic drugs. Last month, the committee heard evidence from government officials, industry representatives and researchers.

We outlined the following five possible regulatory options for the committee, while also recognising that the evidence to guide decision-making is limited.

The first is to continue banning individual substances as they become known. This option results in legislation and services playing catch up to an ever increasing array of new substances. A risk is that it may contribute to more harm by driving newer and lesser known products onto the market.

The second regulatory option is to ban broad categories of substances, including ones that activate the same brain systems as currently prohibited substances. But these broader laws have so far not been successfully prosecuted. They also assume that drugs of a similar category or that act on similar parts of the brain have similar harm profiles, when this may or may not be the case.

The third is to use currently available laws for the regulation of medicinal or consumer products, as some experts recently suggested. While this option may have merit, it offers only limited control.

The fourth option is to follow New Zealand’s lead and implement a specific regulatory regime for new psychoactive substances. Under the proposed system, distributors will be required to establish the safety of their products at their own expense before they may be legally sold. This new regulatory regime offers an alternative policy response to mitigate against the harmful cycle of new, untested drugs being sold as “legal highs”, but its success is yet to be established.

The fifth option is to design a new legislative framework that regulates all psychoactive substances. This option is consistent with recent calls for drug law reform. However, the Gillard government has indicated that it will not consider this option, and we still know very little about what the supply, use and harms of synthetic cannabis would look like if cannabis were legally available.

Even though there is no clear evidence to guide policy making in this area, we do know that the emergence of newer synthetic drugs is a complex challenge that requires consideration of all available policy options. We await the recommendations from the NSW Inquiry, due in 2013, which are likely to guide the direction of both state and commonwealth policy reform.

Enpsychedelia

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.

Podcast with Tim Bingham of INEF

Tim Bingham conducted a Skype interview with me last week about the world of drugs, internet, social media, Silk Road, ‘legal highs’, stigma and drug policy. It was a lot of fun! I’d like to thank Tim for providing me with the opportunity to participate.

You can access the podcast here.

The drug’s in the mail

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.

Read The Age article: original link, archived link.

Listen to the 3AW radio segment: original link, archived link.

Watch The Project: original link (it’s after the ‘global news’ segment), archived link.