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Subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures

2017/0340(NLE)

PURPOSE: to subject the new psychoactive substance ADB-CHMINACA to control measures.

NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2018/747 on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures.

CONTENT: the aim of the Council's implementing decision is to subject the new psychoactive substance 'ADB-CHMINACA' to control measures throughout the Union.

The risk assessment report drawn up under Decision 2005/387/JHA by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and forwarded to the Commission and the Council on 14 November 2017 concludes that this psychoactive substance detected in 11 Member States is a synthetic cannabinoid with similar effects to THC, which is responsible for the main psychoactive effects of cannabis, but whose toxicity is potentially fatal. It is produced by chemical companies in China.

Three Member States reported 13 deaths related to ADB-CHMINACA. In at least nine cases, ADB-CHMINACA caused the death or is likely to have contributed to it. In addition, one Member State reported three acute non-fatal intoxications associated with the substance.

Only 13 Member States control ADB-CHMINACA under their national drug control legislation, while four other Member States use other legislative measures to control it.

The available evidence and information on the health and social risks posed by this substance is sufficient reason to subject ADB-CHMINACA to control measures throughout the Union.

The Decision provides that by 23 May 2019 at the latest, Member States shall subject the new psychoactive substance to the control measures and criminal penalties as provided for under their legislation, in compliance with their obligations under the 1971 United Nations Convention on Psychotropic Substances.

The United Kingdom is not bound by this Decision.

ENTRY INTO FORCE: 23.5.2018.