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Source: ONE News -
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A fresh warning has been made that the Government ban on synthetic cannabis products like Kronic will only encourage potentially more dangerous versions to be made readily available.
The Government announced yesterday it is taking a hard line, aiming to rush changes to the Misuse of Drugs Amendment Bill through Parliament by Friday to crack down on the products.
"Once we become aware of a product we [will] have the power to gazette it immediately, within seven days from the shelves," Associate Health Minister Peter Dunne said.
The changes will see Kronic and other synthetic cannabis products taken off the market for 12 months while the Government works on its detailed response to the Law Commission's recent report on psycho-active drugs, Dunne said.
The move has frustrated the legal high industry which was gearing up for R18 regulation, rather than prohibition.
"We've just re-ordered $50,000 worth of stock, and you're going to have to get rid of that by Friday or send it to another country," said Chris Fowlie from Hemp Store.
Fowlie said the industry initially backed regulation, and was working to clean itself up, but he thinks the sentiment may change now that the Government is banning products altogether.
He said things got out of hand because there was no regulation but an absolute ban will bring new problems.
"Firstly you will see retailers dumping stock, we for one will be having a big sale to get rid of everything, and you will see new products come out immediately after the ban."
The Hemp Store, which stocks the products, is already sampling newly developed synthetic drug products.
Fowlie said because only 11 canabanoids have been banned, that's the active chemical in the products, manufacturers are already creating new types.
With its new powers, the Government will be able to act fast, however policing sale will be another matter given there is no register of where herbal highs are sold, something Fowlie says retailers will take advantage of.
"Instead of selling them as synthetic cannabis, they're sold as bath salts or fish food or plant food," he said.
The Government has already ruled out targeting manufacturers.
"It's very difficult because a lot of manufacturing is occurring offshore, and depending on their content it's difficult to restrict their entry," said Dunne.
The Government appears to be signalling that it is looking at the Law Commission recommendation to reverse the onus of proof and require the industry to prove its products are safe.
But Fowlie told TV ONE's Breakfast this morning that while there have been many anecdotal reports in the media, there are no actual scientific, peer-reviewed studies to back the accusations of harm by the synthetic products.
"Well, they aren't making it up, but they aren't peer reviewed, so for all we know they could be talking about the same person complaining many times, it could be one particular brand causing all the problems, it could have been the one that was contaminated with phenazepam, we don't know, so until we have those studies, it's guess work."
He said any ban has to be backed by scientific evidence.
"The law does say that the classification of drugs has to be based on evidence. That's built into the Misuse of Drugs Act and Peter Dunne is ignoring that."
Legal action
Suppliers are also warning that lawsuits could be on the cards
following the Government's ban.
Fowlie said the issue may have to go to court for clarification, and the Government could be liable for lost profits. He said the industry has already spent money on labelling and marketing, with members believing they were heading towards regulation.
"We are going to create temporary class drug orders that will allow me to place a 12-month ban on these currently unregulated psychoactive substances and any new ones that come along," Dunne said.
"The bottom line is that these products are generally untested and we do not know the long-term effects of their use and we are not about to just let it all happen and pick up damaged young people at the end."
Dunne said the temporary class drug notices are an interim measure that will mean the substances will carry the same penalties as Class C1 drugs such as marijuana.
Personal possession of the synthetic products will not be a criminal offence.
Prime Minister John Key said Cabinet would be "looking carefully at crafting permanent legislation in the foreseeable future".
From the date a temporary class drug order comes into force on a substance, the import, export, manufacture, supply and sale of the drug concerned will become illegal.
The notices can be applied to particular synthetic cannabis products, or particular substances that may be in any given product.
"These products change frequently, and new ones are put on the market with a different ingredient or two. We will basically be able to capture them all," Dunne said.
Within the 12 months of a temporary class drug notice being placed on any substance, it will be assessed by a committee to be established for that purpose.
The committee will assess risk of harm and recommend to the
Health Minister whether a substance should be classified as a
controlled drug or scheduled as a restricted substance, or remain
unregulated.
Off the shelves
Legal highs from substances such as Kronic have been the subject of intense scrutiny over recent months, with health experts saying they should be made illegal.
Last month, Kronic Pineapple Express and another synthetic cannabis product, Juicy Puff Super Strength, were removed from shops after it was found they contained a prescription-only drug, the anti-anxiety medication phenazepam.
The Government initially refused to move on the drug after an expert advisory committee found there was no conclusive evidence as to why Kronic should be regulated.
But three weeks ago, Dunne said "stronger additional amendments" to drug legislation to deal with synthetic cannabis products were just weeks away.
Dunne said today the process around dealing with these substances has been complex and it was important that the Government get it right.
"Critics have pointed to faster responses overseas, but some of those laws are coming unstuck already, with new products coming on to the market that are not covered," he said.
"We have addressed that here. If new products turn up and we are concerned about them, we will be able to put temporary class drugs notices on them straight away. The net will be cast as wide as it needs to be to protect young New Zealanders.
"This Bill and the legislation coming to reverse the onus of
proof will prove better thought out and more comprehensive than
much of the overseas law," Dunne said.
Bans 'don't work'
Matt Bowden's Stargate company imports the ingredients to make Kronic, and says the ban won't work.
"There are hundreds of thousands of normal Kiwi adults who enjoy consuming these products," he said.
"They are still going to be able to purchase these products over the next couple of weeks and they are still going to be able to use the products after that. And so it's just going to be crazy for the industry. We wanted tight regulations but prohibition just doesn't work."
Kronic is made of vegetable matter sprayed with chemicals that mimic the effects of cannabis.
Secondary school principals last month pleaded with the Government to move with urgency to stamp out synthetic drugs like Kronic while students were on their holiday break.
The call came as more stories emerged of "out of it" teenagers - some as young as 13 - turning up to school.
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