South African drug laws ahead of UK on synthetic chemicals - expert

The UK government will outlaw trade in so-called legal highs — synthetic chemicals which have similar effects to traditional drugs like ecstasy and dagga — from May 26.

However‚ an organisation that educates the public about the dangers of drug abuse‚ said South Africa was one step ahead in this aspect.

Quintin van Kerken‚ CEO of Anti Drugs Alliance‚ said the country’s Drugs and Drug Trafficking Act of 1992 and its amendment over the years meant it was illegal to mix substances that were dependent-producing with other chemicals.

He cited a case about 10 years ago where a liquid chemical that could be inhaled known as “poppers” entered the market.

“Although it was regarded as legal‚ authorities later found that it was manufactured using a controlled substance and it was prohibited‚” Van Kerken said.

The government also amended the Act to include any substance which was used to mix the popular drug known as “nyaope”.

The blanket ban in the UK‚ under the Psychoactive Substances Act‚ aims to ban the “production‚ supply and importation or exportation for human consumption of these potentially dangerous drugs‚ linked to the deaths of 144 people in the UK in 2014 alone‚” the British Home Office said in a statement on Friday.

The act makes provision for criminal and civil sanctions‚ “including new powers for police and tough sentences of up to 7 years for offenders.”

Enforcement of the controversial legislation was delayed over concerns that its definition of “psychoactivity” was vague and an offence would be difficult to prove by prosecutors and police. The act states that a substance would be classified as psychoactive “if‚ by stimulating or depressing the person’s central nervous system‚ it affects the person’s mental functioning or emotional state”.

There are a myriad of “smoking blends” and pills with similar‚ but not identical‚ chemical properties to a variety of illegal drugs‚ such as cannabis.

The Home office said‚ “The UK will be the first country in the world to put in place a rigorous system of testing to demonstrate that a substance is capable of having a psychoactive effect‚ providing evidence to support civil action and prosecutions.”

Minister for Preventing Abuse‚ Exploitation and Crime Karen Bradley said‚ “Psychoactive substances shatter lives and we owe it to all those who have lost loved ones to do everything we can to eradicate this abhorrent trade. This act will bring to an end the open sale on our high streets of these potentially harmful drugs and deliver new powers for law enforcement to tackle this issue at every level in communities‚ at our borders‚ on UK websites and in our prisons.”

Sanctions under the act make provision for up to 7 years in prison for the “supply‚ production‚ possession with intent to supply‚ importation or exportation of a psychoactive substance for human consumption“.

Police will be empowered to “shut down head shops and online dealers in the UK” and have the authority to “seize and destroy psychoactive substances‚ search people‚ premises and vehicles‚ and to search premises by warrant if necessary“.

More than 500 potentially dangerous drugs have been banned by the UK government since 2010.

The Guardian reported on Thursday that similar legislation in Ireland‚ “triggered a wave of closures of shops and online outlets.”

“Every day psychoactive substances including tea‚ coffee and alcohol are exempted from the blanket ban. Poppers‚ also known as alkyl nitrite‚ have also been excluded from the legislation after the government’s advisory committee on the misuse of drugs provided evidence that they did not have a direct impact on the brain‚” reported the Guardian.

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