acpo guidance on policing new psychoactive substances ......these substances. 1.1.2 this guidance...

ACPO Guidance on Policing New Psychoactive Substances including Temporary Class Drugs

The Association of Chief Police Officers has agreed to this revised

guidance being circulated to, and adopted by, Police Forces in

England, Wales and Northern Ireland.

It is NOT PROTECTIVELY MARKED under the Government Protective

Marking Scheme and it is disclosable under the Freedom of

Information Act 2000.

ACPO © 2012

2 NOT PROTECTIVELY MARKED Guidance on Policing New Psychoactive Substances Including Temporary Class Drugs (April 2012)

Association of Chief Police Officers of England, Wales & Northern Ireland

Document information

Protective marking

NOT PROTECTIVELY MARKED

Author

ACPO Drugs Portfolio

Force/Organisation

ACPO

ACPO Business Area

Crime BA

Contact details

01245 452 154

Review date

As required

Version

3.0 (Revised April 2012)

Any queries relating to this document should be directed to either

the author detailed above or the ACPO Programme Support Office

on 020 7084 8958/8959.

This revised guidance has been produced by the ACPO Crime

Business Area and was originally approved by ACPO Cabinet in

March 2010. The purpose of this guidance is to provide

information on the appearance and effects drugs have and to

recommend to Forces a consistent national approach to policing

the possession and distribution of such substances as Class B,

Class C and temporary class drugs. It will be updated according to

legislative and policy changes and re-published as required.



Contents

Section

Page

1

Introduction and Context

4

2

Controlled Drugs: Policing Guidance, Advice And Procedures

5

3

Powers/Offences – New Psychoactive Substances

7

4

Temporary Class Drugs

8

5

Head Shops

9

6

Learning Requirements

11

Appendix A

Controlled New Psychoactive Substances

Appendix B

Frequently Asked Questions

Appendix C

Definitions

Appendix D

Letter Template

Appendix E

Temporary Banned Substances Table

Appendix F

ACPO Workbook



1. SECTION 1 – INTRODUCTION AND CONTEXT

1.1 INTRODUCTION

1.1.1 This Guidance has been developed to provide information on New Psychoactive Substances (NPS)

including Temporary Class Drugs, and to recommend a consistent national approach to policing these substances.

1.1.2 This guidance document incorporates, updates and replaces the previous NPS guidance dated July 2010.

1.2 CONTEXT

1.2.1 New psychoactive substances, including so-called ‘legal highs’ can pose a serious threat to health

(see Appendix A for a list of illegal NPS with detailed information).

1.2.2 Those selling NPS through the internet and ‘Head Shops’ (commercial retail premises that specialise

in the sale of drug paraphernalia, literature and NPS) will often brand them as ‘legal’ or ‘herbal highs’ or attempt to conceal their true purpose by miss-describing them, for example as ‘plant food’, ‘pond

cleaner’, ‘bath salts’ or ‘research chemicals’.

1.2.3 However, analysis of test purchases demonstrates they often contain mephedrone or a wide range

of other controlled drugs.

1.2.4 A large number of NPS have already been controlled under the Misuse of Drugs Act 1971, often using a generic definition enabling the Government to legislate for the ‘family’ of related drugs as far

as possible. (See Appendices)

1.2.5 The Government is determined to deal swiftly and effectively with this threat. In addition to the

existing powers under the Misuse of Drugs Act 1971 (MDA) to permanently control harmful drugs, provisions for the temporary control of a emerging NPS has been introduced in the Police Reform

and Social Responsibility Act 2011, which received Royal Assent on 15 September 2011.

1.2.6 Historically, the government has used the ‘Open General Import Licence’ (OGIL) powers to impose

immediate import bans upon substances which were considered harmful. However, from 15th November 2011, the Home Secretary has the power to place a drug under a ‘Temporary Class Drug

Order’ for a period up to 12 months.

1.2.7 Temporary Class Drug Orders provide another tool for law enforcement to tackle the illegal drugs

trade.

1.2.8 In practical terms, as mostly unidentified white powders, all of these substances will be dealt with in the same way. (See Section 2. Controlled Drugs: Guidance, Advice and

Procedures)

1.3 FORENSIC EARLY WARNING SYSTEM (FEWS) CONTEXT

1.3.1 To support the enforcement response to NPS, forensic analytical capability is being improved, and

the Home Office has a new Forensic Early Warning System project (FEWS).

1.3.2 This FEWS project is being supported by forces with them providing samples of seized substances

that are either unidentified, or not as yet, controlled under the Misuse of Drugs Act 1971, but are suspected of being a potential NPS.



1.3.3 These substances are collected by forces and sent to their usual Forensic Provider (using a special

FEWS Label) for examination, when collection plans are in place. The Forensic Provider will examine these substances as part of the FEWS project, at no cost to the submitting force. Collection plans

run at different times during the year. To find out whether there’s an ongoing collection plan please contact the FEWS project team at the Home Office Centre for Applied Science and Technology on

01727 816457.

1.3.4 These substances are collected by forces and sent to their usual Forensic Provider (using a special

FEWS Label) for examination. The Forensic Provider will examine these substances as part of the FEWS project, at no cost to the submitting force.

1.3.5 The FEWS project will provide both drugs intelligence and early identification of any NPS.

1.3.6 The UK Border Agency (UKBA) are undertaking effective enforcement action at the border, by seizing and destroying shipment of illegal drugs and any NPS that are subject to an import ban

under the Open General Import Licence.

1.3.7 The Serious Organised Crime Agency (SOCA) is developing approaches to identify importers,

distributors and sellers of NPS, including activity against websites.

2. SECTION 2 – CONTROLLED DRUGS: POLICING GUIDANCE, ADVICE AND

PROCEDURES

2.1 ENFORCEMENT

2.1.1 The overarching strategy is that enforcement efforts should be focussed on those who deal and

supply illegal drugs.

2.1.2 Although enforcement should be mainly focussed towards organised crime groups and individuals

who seek to supply and distribute drugs, positive action against ‘simple possession’ (an amount consistent with personal use) cannot be ignored.

2.1.3 The authorities are expected to take account of priorities identified by local communities. There is good evidence to show that the use of illegal drugs is a matter of public concern and that public

confidence in the police can be undermined by a lack of enforcement activity. There are also indications that organised crime groups are involved in the supply of a range of illicit substances,

including both controlled and un-controlled NPS.

2.1.4 The nature and extent of local enforcement activity must, therefore, be determined by local Police

Commanders and reflect the needs of their particular community. Those who are found in possession for personal use need to be dealt with in a proportionate and appropriate manner. The

emphasis should be on strong inter-agency activity to encourage diversion away from drugs in order to reduce harm.

2.2 IDENTIFICATION

2.2.1 Many substances cannot be physically or visually identified and have a similar appearance, texture, odour and colour, such as cocaine, amphetamine, heroin or ecstasy (MDMA), and suspected NPS or

‘white powders’.

2.2.2 Irrespective of whether or not the substance is already a Class A, B or C drug (or is a temporary

class drug), officers should not accept the identity of a substance based solely on the marking, the name on the packet or wrappings, or by what the person in possession states it is or believes it to

be. Test purchases of a number of products have demonstrated that they will often contain a wide range of other substances and/or other controlled drugs.



2.2.3 An officer must have reasonable grounds to suspect possession of a controlled drug and the only

evidential way to establish the identity of a substance will be through forensic analysis.

2.2.4 It is recognised that when seized, however large or small the quantities of these substances are, forensic analysis will be necessary in order that the substance is correctly identified and the required

standard of evidence is obtained. However, it will be at the discretion of local forces to decide on

the extent of forensic analysis as necessary.

2.2.5 Substances seized on suspicion of being any of the drugs listed in this document should be submitted to forensic service providers for identification in the usual way.

2.3 OFFENCES (POSSESSION WITH INTENT TO SUPPLY (PWITS))

2.3.1 As with other controlled drugs, an officer must have reasonable grounds to suspect possession with intent to supply. This could come from observed behaviour (dealing), responses to questioning or

could be inferred where the person has a large amount of a substance suspected of being a controlled drug, cash in their possession that requires further investigation or has equipment or drug

paraphernalia in their possession associated with drug dealing, for example small weighing scales,

dealer lists, or numerous small ‘snap seal’ bags.

2.3.2 When dealing with ‘head shops’ and similar businesses, consider the possibility of business records providing valuable evidence.

2.3.3 The punishment on conviction for supplying any class B or C drug is up to 14 years imprisonment, an unlimited fine, or both.

2.4 OFFENCES (SMALL QUANTITIES)

2.4.1 There is no legal definition of an ‘amount consistent with personal use’, and officers must continue

to use their professional judgement and experience to assess whether the amount possessed is

consistent with personal use, based on all the circumstances at the time, and the evidence available.

2.4.2 There should be no presumption in favour of ‘personal use’ just because the amount is small. Even a small ‘personal use’ amount can represent a 'supply' or a PWITS amount if there is the other

supporting evidence, such as tick lists, cash, scales, multiple wraps and so forth.

2.5 OFFENCES (FIXED PENALTY NOTICES FOR DISORDER (PND))

2.5.1 Please note that fixed Penalty Notices for Disorder, or ‘Cannabis Warnings’, CAN ONLY be issued for

offences involving personal possession of Cannabis, and no other drug or substance.

2.6 OFFENCES (DRIVING MOTOR VEHICLES)

2.6.1 Driving or attempting to drive a motor vehicle whilst impaired through drink or drugs (whether they

are controlled or not i.e. affecting the person’s ability to drive) is an offence under Section 4 (5) of the Road Traffic Act 1988. It is a serious offence and providing there is sufficient evidence of

impairment, it should be dealt with in the same way as those who drive whilst impaired through

alcohol.

2.7 HEALTH & SAFETY ISSUES

2.7.1 All drugs and chemicals are potentially dangerous or harmful and must always be handled with

caution.

2.7.2 By following some basic precautions these substances can be handled safely:

• Do not unwrap the substance and avoid direct contact with the skin;



• If you have to handle the substance, wear barrier (forensic) gloves, as some drugs can be

absorbed though the skin, or may cause an adverse skin reaction;

• Do not be tempted to smell or taste the substance in an attempt to identify it, as many drugs

are administered by inhalation, or may give off noxious fumes, or ingested with powerful psychoactive effects even at very small doses – in particular some new psychoactive substances

have not been tested on human consumption and their pharmacological effects are unknown.

2.7.3 Be aware that injecting drug uses may be in possession of syringes with unsheathed needles – use

caution when searching to avoid needle-stick injuries.

3. SECTION 3 – POWERS/OFFENCES – NEW PSYCHOACTIVE SUBSTANCES

3.1 SEARCH & SEIZURE

3.1.1 If a constable has reasonable grounds to suspect possession, production or supply of a controlled drug, he/she has powers of search and seizure under s.23 of the MDA.

3.2 OFFENCES

3.2.1 Offences under the MDA include:

• Possession of a controlled drug;

• Possession of a controlled drug with intent to supply it;

• Supplying or offering to supply a controlled drug (even where no charge is made for the drug);

• Production or being concerned in the production of a controlled drug;

• Allowing premises you occupy or manage to be used unlawfully for the purpose of producing or

supplying controlled drugs;

• Supplying etc articles for administering or preparing controlled drugs.

3.2.2 A person who intentionally obstructs a police officer in the exercise of the officer’s powers under s.

23 (and the new powers for temporary class drugs) of the MDA commits an offence.

3.2.3 Simple possession of a temporary class drug is not an offence although all the supply-related offences are.

3.3 NEW PSYCHOACTIVE SUBSTANCES CONTROLLED UNDER MDA

3.3.1 See appendices for lists of recently controlled NPS.

3.3.2 As and when any new substances are controlled under the MDA, this section will be updated, and

will include any Temporary Class Drugs when appropriate. (See Section 4)

3.4 ARREST

3.4.1 Depending on all the circumstances, and if the ‘Necessity Criteria’ are met, an arrest may be appropriate to establish the true identity of a substance, to determine whether it is a controlled drug

(either a Class A, B or C drug, or a ‘Temporary Class Drug’ – (See Section 4).

3.4.2 If an arrest is deemed appropriate then section 24 of the Police and Criminal Evidence Act 1984

(PACE) as amended by section 110 of the Serious and Organised Crime and Police Act 2005 (SOCAP) provides a constable with the power of arrest for an offence.



4. SECTION 4 – TEMPORARY CLASS DRUGS

4.1 BACKGROUND

4.1.1 The Government has introduced a means by which those (uncontrolled) NPS that are causing

sufficient concern can be brought swiftly under the MDA on a ‘Temporary’ basis by virtue of a Temporary Class Drug Order.

4.1.2 This measure is intended to help prevent NPS being imported, exported, sold or supplied, whilst giving time to experts to gather all the available evidence of harms and make a full assessment for

the government.

4.1.3 Drugs placed under temporary control will not be Class A, B, or C drugs, but will be “Temporary Class Drugs”.

4.1.4 They will be still “Controlled Drugs” which means that all references to controlled drugs in the MDA and in other legislation will apply to a Temporary Class Drug.

4.1.5 A drug can be placed under temporary control for up to 12 months, during which time the

Government will decide whether the drug should then be placed under permanent control.

4.2 SEARCH, SEIZURE AND DETENTION

4.2.1 If a constable has reasonable grounds to suspect possession, production or supply of a Class A, B or

C controlled drug, he/she has powers of search and seizure under s.23 of the MDA 1971.

4.2.2 The powers to search, seize and detain for Class A, B or C drugs under the MDA are extended to

temporary class drugs. However, these powers do not apply in circumstances where a person is found in simple possession of a temporary class drug and there is no evidence that the possession is

connected with an offence under other provisions of the MDA. Instead, a new separate power (s.23A) is available. This enables a constable to search for temporary class drugs, including the

power to seize, detain and destroy any suspected temporary class drugs even though a possession is

lawful and no offence has been committed. (The purpose of this power is to enable a constable to take appropriate action to prevent possible harm to the individual).

4.2.3 Logically, any powers conferred by this (Temporary Class) legislation can only be exercised if there is

- at least one drug under temporary control.

4.2.4 If no drugs are under such (Temporary Class) control at the time, then an officer CANNOT

reasonably expect to have ‘reasonable suspicion’ that the substance is a temporary class drug.

4.2.5 Under s.23A of the MDA, a constable has the authority in relation to a person found in possession of

a Temporary Class Drug (and there is no evidence that the possession is connected with an offence

under other provisions of the MDA) to:

• Search and detain a person (or vehicle or vessel) where they have reasonable grounds to

suspect that the person is in possession of a temporary class drug; • Seize and detain anything which appears to be a Temporary Class Drug; and

• Dispose of the drug in such manner as the constable thinks is appropriate if he reasonably

believes that it is a temporary class drug.

4.2.6 A person commits an offence if they intentionally obstruct a constable in the exercise of the constable’s powers under this provision.



4.3 DISPOSAL

4.3.1 The introduction of a new detention and disposal power will enable the police to deal swiftly with

those drugs they reasonably believe is a temporary class and found in simple possession.

4.3.2 This disposal power must only be used where there is reasonable belief of a Temporary Control Drug

i.e. This is not a means for early disposal in possession offences for a Class A, B or C drugs.

4.3.3 It is recommended that all suspected temporary class drugs should be booked into the police found property systems, and retained for 3 months before disposal.

4.3.4 However, this does not prevent the use of a field Drug Testing Kit to establish if this temporary class drug does, in fact, contain traces of a controlled drug.

4.3.5 If the Drugs Testing Kit provides a negative result (for morphine, heroin, cocaine/crack or

amphetamine), then this substance should be considered for submission to the FEWS project, as previously mentioned in Section 1.3.

4.4 OFFENCES

4.4.1 All offences (including possession with intent to supply and those set out at Section 2.3 above) under the MDA will apply to temporary class drugs with the exception of the offence for simple

possession unless that possession is in connection with an offence or prohibition under other

provisions of the MDA. Officers must continue to use their judgement and experience to assess whether the amount possessed appears reasonable and an amount consistent for personal

possession and use only.

4.5 PUNISHMENT FOR SUPPLY-RELATED OFFENCES

4.5.1 The punishment on conviction for supplying any Temporary Class Drug is the same as for supplying

any Class B Drug - up to 14 years imprisonment, an unlimited fine, or both.

4.6 PUNISHMENT FOR SUPPLY-RELATED OFFENCES (FIXED PENALTY NOTICES FOR DISORDER (PND))

4.6.1 Please note that fixed Penalty Notices for Disorder CANNOT be issued for any offences involving New Psychoactive Substances, or Temporary Class Drugs.

4.6.2 Cannabis Warnings CANNOT be given either.

5. SECTION 5 – HEAD SHOPS 5.1 DEFINITION

5.1.1 “A commercial retail outlet (including online businesses) specialising in the sale or supply of equipment, paraphernalia or literature related to the growing, production or consumption of

cannabis, or other drugs, and includes the sale or supply of ‘New Age’ herbs, exotic plant materials or other ‘New Psychoactive Substances’ (aka ‘Legal Highs’) that are intended to be consumed by the

user to mimic the effect of an illicit drug, e.g. Cocaine, Ecstasy or Amphetamine.”

5.1.2 Head Shops selling new NPS or so-called ‘Legal Highs’ operate on the edge of legality, and they are

often both vague and creative in the descriptions given of their products and their purported uses.

5.1.3 NPS or ‘legal highs’ may be sold as research chemicals, plant food, bath salts, exotic incenses, room

odourisers, pond cleaners etc., alongside more indicative descriptors such as party pills, ethno-botanicals, herbal highs, and smoking blends. Most are labelled ‘Not for Human Consumption’.



5.1.4 This type of Head Shop is of concern as their primary function is to glamorise, promote and facilitate

the cultivation, production, preparation and consumption of drugs.

5.1.5 In addition to NPS and ‘Legal Highs, the type of products usually offered for sale in these shops are – cannabis seeds, practical ‘Bongs’ and pipes, snap seal bags, cannabis cultivation books and

magazines, extra large cigarette papers, ‘roach’ filters, small electronic weighing scales, cannabis

grinders.

5.1.6 (Scales and grinders are often clandestine versions where their appearance is ‘disguised’ to avoid detection i.e. scales built into a CD case or made to look like a mobile phone etc.)

5.1.7 Test Purchase operations at these type of premises often reveal, when they have been forensically examined, that substances that are being sold as so called ‘Legal Highs’, often actually contain

controlled drugs e.g. Mephedrone.

5.1.8 Please Note - There is a need to make a distinction between the above Head Shop definition and the similar ‘New Age/Hippy/Lifestyle’ type Shop that sells ethnic style clothes, hand made jewellery,

local art and craft products, scented candles, oil burners etc, and may also sell a small selection of

decorative and ornamental pipes and ‘Bongs’ or herbal or homeopathic remedies.

5.1.9 It could be suggested that these types of ‘New Age’ type outlets are not immediately a cause for concern, as their primary objective is not the promotion of drug use.

5.1.10 See - NPIA document – Practice Advice on Tackling Commercial Cannabis Cultivation & Head Shops (2009)

http://www.npia.police.uk/en/13021.htm

5.2 OTHER OFFENCES

5.2.1 Head shops may be found to be selling products that are NOT controlled under the Misuse of Drugs Act 1971.

5.2.2 In those circumstances there is legislation enforced by Trading Standards that could provide

opportunities for prosecution if offences are disclosed.

5.2.3 Whilst not an exhaustive list, possible alternatives include:

• Consumer Protection from Unfair Trading Regulations 2008 (CPR’s);

• The General (Product) Safety Regulations 2005;

• The Consumer Protection Act 1987, which includes The Cosmetic Products (Safety) Regulations

2006;

• The Medicines Act, 1968 is also a potential legislative tool. The Medicines and Healthcare

Products Regulatory Agency (MHRA) is responsible for administering and enforcing medicine legislation.

5.3 OTHER AGENCIES & PARTNERSHIPS

5.3.1 The policing of head shops should be a joint approach between the police, local authorities and other agencies, such as Trading Standards.

5.3.2 A suggested letter template to Head Shops is included in the appendices (See, Appendix D) for local teams or Force Drugs Co-ordinators to deliver to Head Shops, as part of joint visits between

police and local partners. It is important that suppliers of NPS are warned, by official letter, that the substances they sell may contain controlled substances, as this will put the onus on the supplier to

ensure that none of their products contain controlled substances.



5.3.3 Physical attendance at the head shops (rather than simply posting a letter) will provide an

opportunity to gather intelligence about what products are being sold as well as acting as a reminder to proprietors that the police and local authorities maintain an interest in their activities.

5.3.4 Liaison with, and advice from local Trading Standards/MHRA and the Crown Prosecution

Service is recommended prior to any action being taken.

6. SECTION 6 – LEARNING REQUIREMENTS 6.1 There are new learning requirements to ensure that police officers remain up to date with any

changes concerning temporary class drugs. There is also an opportunity to acquaint officers with NPS in relation to the branding of products, and risks and harms that they might cause.

6.2 The introduction of the ability to bring a drug under temporary control for 12 months requires an understanding of the associated new powers of search, seizure and destruction of temporary class

drugs.

6.3 For more detailed information, the below Internet links are provided:

• Misuse of Drugs Act 1971 (as amended)

http://www.legislation.gov.uk/ukpga/1971/38/contents

• Police Reform & Social Responsibility Act 2010 (S.151, Sch.17)

http://www.legislation.gov.uk/ukpga/2011/13/schedule/17/enacted

• The explanatory notes on the Police Reform & Social Responsibility Act 2011 –

http://www.legislation.gov.uk/ukpga/2011/13/notes/division/2/4/2

http://www.publications.parliament.uk/pa/bills/lbill/2010-2012/0096/2012096.pdf

• Temporary Class Drugs -Home Office Fact Sheet –

http://www.homeoffice.gov.uk/publications/alcohol-drugs/drugs/temporary-bans/temporary-class-drugs

• For information on NPS in general -

(Advisory Council on the Misuse of Drugs (ACMD) Report October 2011) -

http://www.homeoffice.gov.uk/publications/agencies-public-

bodies/acmd1/acmdnps2011

• Home Office Circulars

http://www.homeoffice.gov.uk/about-us/corporate-publications-strategy/home-office-

circulars/circulars-2012/


circulars/circulars-2011/




circulars/circulars-2009/021-2009/

• General Drug related information –

http://www.homeoffice.gov.uk/drugs/

http://www.talktofrank.com

http://www.talktofrank.com/drugs-a-z

• Joining Forces. Drugs: Guidance for police working with schools and colleges.

http://www.drugscope.org.uk/ourwork/educationandprevention/acpo

• NPIA – Practice Advice on Tackling Commercial Cannabis Cultivation & Head Shops

(2009)




APPENDIX A – CONTROLLED NEW PSYCHOACTIVE SUBSTANCES 1) Synthetic Cannabinoids (or synthetic cannabinoid receptor agonists) - Class B

Synthetic Cannabinoids, aka ‘Spice’ or other similar products were classified as Class B by means of a

generic definition under the Misuse of Drugs Act 1971 from 23rd December 20091.

http://www.homeoffice.gov.uk/about-us/corporate-publications-strategy/home-office-circulars/circulars-

2009/021-2009/

2) 1-Benzylpiperazine (BZP) and related Piperazines (such as meta-chlorophenylpiperazine (mCPP) TFMPP, and others) - Class C

Benzylpiperazine (BZP), and a group of substituted piperazines (or compounds) were classified as Class C drugs by means of a generic definition under the Misuse of Drugs Act 1971 from 23rd December 2009.


2009/021-2009/

3) Gamma-Butyrolactone (GBL) and 1,4-Butanediol (1,4-BD) - Class C

Classified as Class C drugs for human consumption under the Misuse of Drugs Act 1971 from 23rd

December 2009, GBL is closely related to the illegal drug GHB (often referred to as a “date rape drug”).


2009/021-2009/

4) Mephedrone (4-methylmethcathinone (4-MMC) and related cathinone derivatives) - Class B

Mephedrone (4-methylmethcathinone) and a range of other cathinone derivatives were classified as Class B drugs by means of a generic definition under the Misuse of Drugs Act 1971 from 16th April 2010.

These include methylenedioxypyrovalerone (MDPV) Fluoromethcathinone and 4-methyl alpha ethyl cathinone (4-MEC)


2010/010-2010/

http://www.talktofrank.com/drug/mephedrone#aka=M-Cat

5) Naphyrone and other Naphthylpyrovalerone analogues - Class B

Naphyrone and other Naphthylpyrovalerone analogues – a further group of cathinone derivatives - were

classified as Class B drugs under the Misuse of Drugs Act 1971 from 23rd July 2010.

Naphyrone has a close structural resemblance to the cathinones that were controlled on 16th April 2010, but fell outside the generic definition provided at that time.


2010/011-2010/ http://www.talktofrank.com/drug/naphyrone#aka=NRG-1

1 The synthetic cannabinoid ‘nabilone’ has a legitimate medical use and is placed in Schedule 2 of the 2001 Regulations.



6) Psychoactive Substances currently subject to an Immediate Importation Ban (under the

Open General Importation Licence)

There are a number of NPS that are currently under an importation ban, pending their control under the Misuse of Drugs Act 1971 due in early 2012 once the parliamentary process has been completed. These

are –

Desoxypipradrol (2-DPMP), Diphenylprolinol (D2PM), Diphenylmethylpyrrolidine.

On 4 November 2010 the Home Office enacted a ban on the importation of Desoxypipradrol (2-DPM) and any products containing this chemical (referred to below as 2-DPMP). On 15

November the Home Office extended this ban to 2 related compounds - Diphenylprolinol

(D2PM), Diphenylmethylpyrrolidine.

These substances will be brought under the Misuse of Drugs Act 1971 as Class B drugs using a generic definition. See the ACMD’s advice that has been accepted by Government at -

http://www.homeoffice.gov.uk/publications/agencies-public-bodies/acmd1/

On 4 November 2010 the Home Office enacted a ban on the importation of Desoxypipradrol (2-DPM), and any products containing this chemical (referred to below as 2-DPMP).

Phenazepam

On 22 July 2011, the Home Office enacted a ban on the importation on phenazepam and any products containing this chemical. Phenazepam is a benzodiazepine though not available on prescription in the UK. It

was being sold as “legal high” in Headshops and on websites.

This substance will be brought under the Misuse of Drugs Act 1971 as Class C drug. See the ACMD’s advice that has been accepted by Government at –

http://www.homeoffice.gov.uk/publications/agencies-public-bodies/acmd1/acmd-advice-phenazepam.



APPENDIX B – FREQUENTLY ASKED QUESTIONS Q. What’s the difference between ‘Ivory Wave’ and all the other so called Legal Highs?

A. ‘Ivory Wave’, ‘Spice’, ‘Benzo Fury’, are just a ‘Brand Names’ and can sometimes be associated with a particular substance. However, the brand names do not guarantee what is actually in the product. There is

increasing evidence that substances sold as ‘legal highs’ often contain harmful illegal drugs. Many sellers will use a popular brand name for their product, but it may actually contain something completely different.

Ivory Wave was a good example of this as forensic analysis revealed that every sample examined usually contained a variety of completely different substances, often both controlled and non- controlled drugs.

Q. The legislation says that I can seize a temporary class drug and –

“… Dispose of it in such a manner as the constable thinks is appropriate.…”

Does this mean I can throw in down a drain, as we can with seized alcohol from under 18’s?

A. Although you have the power to dispose of these substances as you state, it is recommended that any

seized substances should always be booked into the police found property systems, and retained for a suggested period of 3 months, and then disposed of as per your force’s policies. (similar to the cannabis

policy when cannabis is seized and a cannabis warning issued.)

This will negate any allegation that the officer kept the substance for their own use, or that the substance was actually an innocent powder and should not have been seized. This disposal power must only be used where there is reasonable belief of a Temporary Control Drug i.e. this is not a means for early disposal in possession offences for a Class A, B or C drugs.

However, before any disposal, you should consider the use of a field Drug Testing Kit to establish if this temporary class drug does, in fact, contain traces of a controlled drug.

If the Drugs Testing Kit provides a negative result (for morphine, heroin, cocaine/crack or amphetamine),

then this substance should be considered for submission to the FEW project, as previously mentioned in Section 1.2.

Q. I have heard that there is a licensed medicine that is made from cannabis. Is this one of those Synthetic Cannabinoids, like ‘Spice’?

A. No. This is not a synthetic cannabinoid. What you are referring to is a licensed pharmaceutical or medicinal product that is a Prescription Only Medicine (POM). It is prescribed primarily to sufferers of

Multiple Sclerosis (MS) as an aid to relieve several of the symptoms of their condition. Its brand name is ‘Sativex’ and is an oromucosal (mouth) spray, and contains certain chemicals that have been extracted from

the cannabis plant.

As of the date of this Guidance there are no other cannabis-based products authorised in the

UK.

Q. What if I see a person coming out of a ‘Head Shop’ and they have just purchased a packet

of what may or may not be a temporary class drug. The packet is unopened and clearly labelled with the name of the substance. What should I do?

Police Test Purchase operations at head shops have shown that many so called ‘legal highs’ often actually

contain a wide variety of substances, some of which could be controlled permanently under the MDA 1971.

In your case, you have a number of options to consider.



Firstly, the substance may contain any of three things –

1. Controlled (classified) drugs

2. Temporary Class Drug (assuming, of course, that there are any such substances at the time of the incident)

3. Non-controlled ‘Legal’ substances

It will be down to you to decide whether there is reasonable suspicion to suspect that the substance is one or other of the above list.

If you only have suspicion that the substance is a temporary controlled drug you have a power to search for and seize the packet. You can explain to the person that while a substance is subject of a temporary class

drug order they do not commit any offence by simply possessing it, but as we have a duty of care to the public to prevent potential harms, we will confiscate the substance, book it into our property system (retain

it for three months?), and then destroy it.

Depending on your force’s forensic policies, you may decide to submit the substance for examination for

intelligence purposes, or for inclusion as a suitable sample for the Home Office Forensic Early Warning System project (FEWS).

However, the owner/staff in the Head Shop have committed an offence of sale/supply of a temporary class drug. Or the person is in possession of an amount which the constable believes amounts to possession with intent to supply.

The difficulty with the above scenario is that even the Head Shop cannot give a 100% guarantee as to the

exact contents of the substance, as these substances (usually imported from outside the EU) do not conform to any standard of labelling regulations.

The only certain way of identifying any substance is by forensic examination. Therefore, depending on all

the circumstances at the time, an arrest, on suspicion of possessing a temporary class drug with intent to supply (rather than supplying a temporary class drug), may be the most appropriate course of action, or

alternatively, if you have verified the identity of the person, you could report them for summons.

Q. What should I do if called to a school where a pupil is in possession of a suspected

temporary class drug?

Separate ACPO guidance is available for dealing with drugs in schools – ‘Joining Forces’ – published June in

2006.

http://www.drugscope.org.uk/ourwork/educationandprevention/acpo

This guidance states:

“Where a young person is found in possession of a suspected illegal (controlled) drug on school or college

premises and police are involved, the following questions can be asked:

• Is the young person still on school premises or in a place of safety?

• Is the name and address of the young person known?

• Can parents or carers be contacted if appropriate?

• Is there a range of responses available including information, advice and guidance, referral options

and/or school or college disciplinary procedures in place?



When considered together, current guidance and practice suggest that a police officer does not have to

arrest for minor possession if the school or college can deal with the incident in an alternative way.

Normally a local protocol will exist between the police and the Local Education Authority. This protocol would take precedence over the advice contained in these guidelines.

But Remember – you can only use your power of arrest on suspicion of possession of a Controlled Drug.

There is NO OFFENCE (and therefore No Power of Arrest) for possession of a Temporary Class Drug!

Q. Will possession of a temporary class drug be recorded on PNC?

A. No. Possession of a temporary class drug is neither an offence nor a conviction. Recording of such possessions will be confined to local intelligence or other local systems, depending on your own force’s

policies.

Q. Can I arrest someone if I believe they are under the influence of a temporary class drug

whilst driving or being in charge of a vehicle?

A. Yes. Driving a motor vehicle whilst impaired through any drug is an offence under The Road Traffic Act 1988. It is a serious offence and providing there is sufficient evidence of impairment as a result of drug use,

it should be dealt with in the same way as those who drive whilst impaired through alcohol. (See Section

2.3.4)

Q. Are there any additional costs involved in identifying NPS / TCD?

A. These substances are collected by forces and sent to their usual Forensic Provider (using a special FEWS

Label) for examination, when collection plans are in place. The Forensic Provider will examine these

substances as part of the FEWS project, at no cost to the submitting force. Collection plans run at different times during the year. To find out whether there’s an ongoing collection plan please contact the FEWS

project team at the Home Office Centre for Applied Science and Technology on 01727 816457.

Q. How do I deal with someone in possession of both a controlled drug (of class A, B or C) and a temporary controlled drug?

A. Separately !

There is no offence of personal possession for a Temporary Class Drug. However, it still must be taken from

the person and disposed of, as we have a duty of care to protect people from consuming unidentified or potentially dangerous substances.

This is of course providing that the substance suspected of being a Temporary Class Drug is actually one.

Q. Where can I find full details of the Police Reform and Social Responsibility Act 2011?

A. http://www.publications.parliament.uk/pa/bills/lbill/2010-2012/0096/2012096.pdf

The PRSR Act 2011 amended the Misuse of Drugs Act 1971

Q. If the packaging states very clearly that the contents contain a ‘legal high’ and are not

controlled in any way what can I do?

A. Still deal with as if it is a controlled substance until you know otherwise.



Q. What if the same person is stopped on more than one occasion with a temporary controlled

drug in their possession? Does this ‘escalate’ or ‘aggravate’ the situation in any way (as, for example, with simple possession of cannabis)?

A. No. Personal possession of a temporary controlled drug is not an offence, so it doesn’t matter how many

times they are found in possession. However, every time they are found in possession it still must be taken

from that person and disposed of, as we have a duty of care to protect people from consuming unidentified or potentially dangerous substances.

You could also offer them advice and guidance on these dangers, and suggest that in the first instance they

can find useful information on the Government’s website –

www.talktofrank.com

Or call the ‘FRANK Helpline’ free on 0800 77 66 00. In addition they could be put in touch with the local

Drug (Alcohol) Action Team or Community Drug and Alcohol Team or suggest they speak to their own doctor. There are many drop-in centres available within local communities where one to one advice can be

obtained free of charge.

Q. What happens if a temporary class drug does not go on to be permanently controlled by

either lapsing or Parliament rejecting the order?

A. The cautions or convictions stand. This is because subsection 2A(12) of the Misuse of Drugs Act 1971

provides that an order ceasing to have effect “is without prejudice to anything previously done” under it. In respect of ongoing charges, it will be open to prosecuting authorities to decide whether or not it is in the

public interest for the charges to be pursued.



APPENDIX C – DEFINITIONS Controlled Drugs

All drugs that are classified under the Misuse of Drugs Act 1971, as either A, B or C, or may be controlled

under the Medicines Act. i.e. Prescription Only Drugs.

Head Shop

A commercial retail outlet (including online businesses) specialising in the sale or supply of equipment,

paraphernalia or literature related to the growing, production or consumption of cannabis, or other drugs, and includes the sale or supply of ‘New Age’ herbs, exotic plant materials or other ‘New Psychoactive

Substances’ (aka ‘Legal or Herbal Highs’)

Their primary function is to promote, facilitate and glamorise the cultivation, production, preparation and

consumption of drugs.

See - NPIA – Practice Advice on Tackling Commercial Cannabis Cultivation & Head Shops (2009)


Legal Highs or New Psychoactive Substances (NPS)

New Psychoactive substances, or so called ‘legal highs’ are substances which produce the same, or similar effects, to illegal stimulant drugs such as cocaine and ecstasy, but are not controlled under legislation [the

Misuse of Drugs Act 1971in the UK]. They are however, considered illegal under current medicines legislation to sell, supply or advertise for “human consumption”. To get round this sellers refer to them as

research chemicals, plant food, bath crystals or pond cleaner. A number of NPS have been controlled under the Misuse of Drugs Act 1971, including mephedrone, BZP and naphyrone.

Temporary Controlled Substance or Temporary Class Drug

As per the Legal High described above, but is now subject of a Temporary Class Drug Order.

A drug which is a temporary class drug is a controlled drug and is subject to all the offences in the Misuse of

Drugs Act 1971, with the exception of the possession offence.

There is no offence of ‘Possession’ of a substance that is only subject of a Temporary Class Drug Order.



APPENDIX D – LETTER TEMPLATE

INSERT FORCE HEADER HERE

To whom it may concern,

A number of substances have been sold as so-called ‘legal highs’.

This is of great concern to the police, Trading Standards and other Law Enforcement Agencies.

Test Purchasing has shown that many such substances contain controlled substances – how confident are you in

your suppliers and knowing what is in the product?

Products are being traded under similar names, but may contain different components, some of which may be controlled drugs.

This letter is to inform you officially that a number of substances are now Controlled Drugs under the Misuse of Drugs Act 1971. (Or a Temporary Class Drugs)

The substances are: (Insert CONTROLLED or TEMPORARY CLASS DRUGS Here)

Include link to HO Website and / or FRANK which will be kept up to date)

Further details can be found at - http://www.homeoffice.gov.uk/drugs/

Prosecutions have been successfully undertaken of persons purporting to sell ‘legal highs’ and websites have also been closed down.

Your shop may, or may not have been selling these substances.

There is an expectation that you should be aware of the contents of the products that you are selling and ignorance of the law is no defence.

Also, are you selling other products that are mislabelled, misrepresented and sold under the guise of ‘Plant Food’, ‘Bath Salts’, ‘Room Deodoriser’, Research Chemicals etc.

If so, you may be in breach of other legislation, such as –

Consumer Protection from Unfair Trading Regulations 2008 (CPR’s).

The General (Product) Safety Regulations 2005.

The Consumer Protection Act 1987 and its regulations, which includes

The Cosmetic Products (Safety) Regulations 2006.

The Medicines Act 1968

If you have any stocks of any of these substances listed above (or products that you suspect may contain them) you should take the opportunity to hand them to the officer serving you with this notice.

In the meantime, may I urge you to review the measures you have put in place to ensure that you comply with the

law.

Signed – Date –

APPENDIX E -Temporary Banned Substances Table

Effective Date

of Temporary

Ban

Ban

Period Common Name Chemical or Scientific Name Street Name(s)

Final

Decision on

permanent control

under the MDA

1971

5 April 2012 12

months

Methoxetamine Methoxetamine 2-(ethylamino)-2-

(3-methoxyphenyl)cyclohexanone

Mexy, Mexxy, MKET, Moxy,

MXE, Rhino Ket, Roflcoptr



WORKBOOK FOR THE CREATION OF ACPO GUIDANCE/PRACTICE ADVICE

This workbook, with all sections completed, must be included in the final document as an Appendix

and submitted, through the Head of the Business Area, to the Programme Support Office for quality assurance prior to submission to Cabinet for approval as ACPO Doctrine.

ACPO EQUALITY IMPACT ASSESSMENT TEMPLATE (DIVERSITY AUDIT) AS AGREED WITH THE CRE

1. Identify all aims of the guidance/advice

1.1 Identify the aims and projected outcomes of the guidance/advice:

To ensure the guidance exist for providing information to police forces

1.2 Which individuals and organisations are likely to have an interest in or

likely to be affected by the proposal?

Police Forces, ACPO, the Home Office

2. Consider the evidence

2.1 What relevant quantitative data has been considered? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

2.2 What relevant qualitative information has been considered? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

2.3 What gaps in data/information were identified? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

2.4 What consideration has been given to commissioning research? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation



3. Assess likely impact

3.1 From the analysis of data and information has any potential for

differential/adverse impact been identified? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

3.2 If yes explain any intentional impact:

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

3.3 If yes explain what impact was discovered which you feel is justifiable in order to achieve the overall proposal aims. Please provide examples: N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

3.4 Are there any other factors that might help to explain differential/adverse

impact? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

4. Consider alternatives

4.1 Summarise what changes have been made to the proposal to remove or

reduce the potential for differential/adverse impact:

This document has no effect upon these issues

4.2 Summarise changes to the proposal to remove or reduce the potential for

differential/adverse impact that were considered but not implemented

and explain why this was the case:


4.3 If potential for differential/adverse impact remains explain why

implementation is justifiable in order to meet the wider proposal aims:

N/A



5. Consult formally

5.1 Has the proposal been subject to consultation? If no, please state why not.

If yes, state which individuals and organisations were consulted and

what form the consultation took: N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

5.2 What was the outcome of the consultation? N/A

Age

Disability

Gender

Race

Religion / Belief

Sexual Orientation

5.3 Has the proposal been reviewed and/or amended in light of the outcomes

of consultation? N/A

5.4 Have the results of the consultation been fed back to the consultees? N/A

6. Decide whether to adopt the proposal

6.1 Provide a statement outlining the findings of the impact assessment

process. If the proposal has been identified as having a possibility to adversely impact upon diverse communities, the statement should include

justification for the implementation:


7. Make Monitoring Arrangements

7.1 What consideration has been given to piloting the proposal?

N/A

7.2 What monitoring will be implemented at a national level by the proposal owning agency and/or other national agency?

Monitored by ACPO

7.3 Is this proposal intended to be implemented by local agencies that have a

statutory duty to impact assess policies? If so, what monitoring requirements are you placing on that agency?

The document will be distributed to all forces.

8. Publish Assessment Results

8.1 What form will the publication of the impact assessment take?

It is recommended that for publication on the ACPO website, the impact assessment be attached to the completed document as the first appendix. On the ACPO Intranet, the whole workbook will be attached to assist in the preparation of local audits.

acpo guidance on policing new psychoactive substances ......these substances. 1.1.2 this guidance...

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