When a substance is found harmful to public health, it is added to the Opium Act by the Minister of Health, Welfare and Sport. This process takes time as each substance must be assessed separately. NPS are chemical derivatives of (hard) drugs. Once a designer drug is banned, producers circumvent the legislation by making minimal chemical adjustments.

‘They replace one or two molecules and suddenly its a different substance that is no longer under the Opium Act,’ explains Peter Jansen, drug expert at the police. ‘However, the effects remain similar. Producers give it a new name and continue their trade legally. For example, after the ban on 4-MMC, 3-MMC appeared, and then 2-MMC. This is a cat-and-mouse game.’

Three groups of substances banned

The bill being discussed today in the Senate breaks with the current approach. Instead of banning individual substances, entire groups of substances will be prohibited. This new list, list IA, makes synthetic cannabinoids, fentanyls, and phenethylamines illegal. These substances mimic the effects of THC, heroin, and MDMA. A minimal chemical adjustment will no longer provide a solution.

Public health and rule of law at risk

According to the police, designer drugs pose a threat to both public health and the rule of law. The toxicity is often unknown and the risks are similar to banned substances. ‘Many of these psychoactive substances are poorly researched and young users often do not know what they are taking,’ warns Jansen. ‘Because designer drugs are still legal, they think they are harmless. They are easily obtainable online, normalizing drug use. However, a small dose can already lead to an overdose.’ The police also notes that the production and distribution of designer drugs are intertwined with the illegal drug industry, with all the associated consequences.

International amazement

The current policy has implications for international cooperation. The Netherlands is lagging behind in legislation, which causes frustration within the police. ‘In international legal assistance requests, we often cannot help because a substance is not banned here,’ explains Woelders. ‘Sometimes we even have to return seized items to producers. Other countries look at our legislation with amazement, and the Netherlands has become a kind of NPS hub for Europe, damaging our reputation.’

Umbrella law as a solution

The police and judiciary have been advocating for years for an approach like that in Germany and Belgium, where entire groups of substances are banned. The proposed bill has already received broad support in the House of Representatives. ‘The Senate must act quickly,’ emphasizes Woelders. ‘With an umbrella law, we can tackle many dangerous drug variants at once, speeding up the process and making it more effective to track down laboratories.’

Meanwhile, the police is preparing for the possible implementation of the law. ‘We already have e-learnings and guidelines in development,’ says Jansen. ‘Once the law takes effect, officers will know exactly what to do when encountering suspicious substances or laboratories.’

A clear message

The police hopes the Senate understands the signal. ‘Its time we get more options in the fight against designer drugs,’ concludes Woelders. ‘We are continuously lagging behind. Amending the Opium Act will end the exploitation of loopholes and enable us to act more decisively against an industry that undermines public health and our society.’