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MDPV to become a Schedule 9 substance effective May 1 2012

Mr Blonde

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From a communication from the TGA SUSMP list on 21.12.11

Interim Decisions & Reasons for Decisions by Delegates of the Secretary to the Department of Health and Ageing

DECEMBER 2011 INVITATION FOR FURTHER SUBMISSIONS

...

2.2.5 3, 4-Methylenedioxypyrovalerone (MDPV)
DELEGATE’S REFERRAL TO EXPERT ADVISORY COMMITTEE

3,4-Methylenedioxypyrovalerone (MDPV) – seeking advice on a proposal to include 3,4-methylenedioxypyrovalerone in Schedule 9 with a cross-reference from the common name MDPV to the 3,4-methylenedioxypyrovalerone entry.
EXPERT ADVISORY COMMITTEE RECOMMENDATION

The Committee recommended that a new Schedule 9 entry be created for
3,4-methylenedioxypyrovalerone. The Committee also recommended a cross-reference be included in the index of the SUSMP from the common name MDPV to the 3,4-methylenedioxypyrovalerone entry. The Committee agreed to an implementation period of no more than six months after the delegate’s final decision (i.e. 1 May 2012).

BACKGROUND

3,4-Methylenedioxypyrovalerone (MDPV) is an alkaloid designer drug of the phenethylamine class that is structurally related to cathinone or N-ά-[methyl-3,4-methylenedioxy)phenethyl]hydroxylamine (MDMA) (Schedule 9). Cathinone is an active alkaloid found in the khat plant and is related to methamphetamine (Schedule 8). MDPV, MDMA, cathinone and methamphetamine act on dopamine release.
MDPV is also an analogue of pyrovalerone (Schedule 4), a psychoactive drug which is infrequently used due to problems with abuse and dependence. Pyrovalerone is a Schedule V controlled substance in the US and Class C category in the UK.
MDPV is a stimulant and was first seized in Germany in 2007. Recently (in March 2011) the US Drug Enforcement Authority noted that the abuse of MDPV was increasing, particularly in Europe and Australia.
XXXXX submitted an application regarding MDPV direct to the Scheduling Secretariat. A delegate agreed that this was a matter warranting advice from the ACMS and referred this to the October 2011 ACMS meeting.
SCHEDULING STATUS

MDPV is not specifically scheduled. MDPV is an analogue of pyrovalerone and may be captured by the Schedule 4 entry. MDPV is also structurally related to cathinone, listed in Schedule 9. There is uncertainty as to which substance would capture MDPV as a derivative.
In NZ, MDPV is not specifically classified. Pyrovalerone and cathinone, however, are listed as Class B2 Controlled Drugs.
INITIAL SUBMISSIONS
Application

XXXXX requested that 3,4-methylenedioxpyrovalerone (MDPV) be included in Schedule 9 with a cross-reference in the SUSMP index from the common name MDPV to the schedule entry.
Members noted the following from the submission:
There were no systematic trials of the effects of MDPV in humans. There were reports of misuse and abuse of MDPV. Anecdotal reports from the Internet and published case reports indicate that MDPV may cause effects similar to methylphenidate (at lower doses) and amphetamine or cocaine (at higher doses).
Access to MDPV has been controlled in the UK, some European countries and some states in the USA.
There had been seizures of products containing MDPV in New South Wales, Western Australia and South Australia. There were reports of use of ‘bath salts’ in the UK, Europe and the USA.
Commonly reported adverse effects include tachycardia, hypertension, restlessness and agitation. There had also been reports of paranoia and severe panic attacks associated with the use of MDPV. The psychoactive effects of MDPV desired by users include mental stimulation, increased concentration, sexual stimulation/aphrodisiac effects and mild empathogenic effects.
The adverse effects of MDPV include hyperpyrexia, increased and/or irregular heart rate, headache, dyspnoea, bruxism, restlessness, anxiety, loss of appetite and gastrointestinal disturbances. Higher doses of MDPV had cause intense panic attacks in stimulant intolerant users. Users had reported psychosis induced by sleep deprivation and becoming addicted after using higher doses, or using at more frequent dosing intervals.
Applicant’s specific arguments against Section 52E
a) Risks and benefits of the use of a substance
Indicated that there did not appear to be any current legitimate therapeutic uses for MDPV. Reports from users warned about the ease of overdose (producing long lasting panic attacks), potency, and the dangers of regular and/or heavy use (with lasting consequences on cognitive function and affect).
b) The purpose and extent for which a substance is to be used
Asserted that none of the cathinones had any recognised efficacy as a plant fertiliser, nor would they function as a bath salt.
Noted that there had been seizures of MPDV in Australia (in New South Wales, South Australia and Western Australia). There was a recent seizure in South Australia of tablets containing MDPV which were thought likely to have been sold as a ‘legal high’ type product.
Indicated that there had been an increase in the number of reports about use of ‘bath salts’ containing MDPV or 4-methylmethcathinone (mephedrone) to Poison Control Centres in the USA. There had been reports of abuse of new cathinone derivatives including MDPV in Sweden and Finland.
Products marketed as ‘bath salts’, ‘plant fertiliser’, ‘plant food’ or ‘research chemicals’ which were sold via the Internet, at head shops and herb shops may contain various cathinones including MDPV and 4-methylmethcathinone (mephedrone). [Members noted that a head shop was a retail outlet specializing in drug paraphernalia used for consumption of cannabis, other recreational drugs, legal highs, legal party powders and New Age herbs].
c) Toxicity of the substance
Indicated that there was limited information available about the toxicological effects of MDPV. There were, however, anecdotal reports from the Internet and the few published case reports appear to be highly dose dependent.
Noted that a report from Michigan in the US, provided details about 35 patients who had visited an Emergency Department (ED) in the period 13 November 2010 to 31 March 2011 after ingesting, inhaling or injecting recreational designer drugs sold as ‘bath salts’ and asserted that these products could contain stimulant compounds such as MDPV or 4-methylmethcathinone (mephedrone). Seventeen patients were hospitalised, of these nine were admitted to the Intensive Care Unit. One person was dead upon arrival at the ED. The toxicological report for the person who died revealed a high level of MDPV, along with cannabis and prescription drugs. Autopsy results revealed MDPV toxicity to be the primary factor contributing to death.
Indicated that there had been reports in the US media about deaths in persons who had used ‘bath salts’. A recent media report (9 April 2011) indicated that two men whose bodies were found in a forest in March 2011 had ‘bath salts’ in their system (the active substance in the ‘bath salts’ was not identified in the media report). The Coroner, however, declared that the deaths were due to hypothermia. Also noted that an article published on 12 May 2011 indicated that the death of a 42 year old woman who was an abuser of ‘bath salts’ prompted legislators in that state to move to prohibit MDPV and its derivatives.
Also noted that the Finnish Poisons Information Centre reported 33 calls regarding exposures to MDPV during the period of January 2008 to October 2009. The substance was used intranasally, orally, rectally or intravenously. Doses used were 10 to 30 mg orally and 5 mg intravenously. Five of the patients required hospitalisation. All of them had tachycardia, agitation, dyspnoea and hypertension. Two of the patients had reduced level of consciousness, one of them had convulsions and required intubation.
d) The dosage formulation, labelling, packaging and presentation of substance
Users of MDPV reported that 5 mg was an active dose and typical doses were in the range of 5-20 mg. The onset of effect was at 1 hour with a peak effect at 90 minutes (lasting 1 hour) and the come-down occured at 2.5 hours (lasting 1 hour). The effects and length of high vary with the dose and the individual (reportedly from 0 to 12 hours plus). Re-dosing in a single session was common. Methods of intake of MDPV include ingestion, insufflation, smoking, intravenous injection or rectal administration.
Indicated that the ‘bath salt’ products suspected to contain MDPV, (e.g. Ivory Wave), were labelled as ‘not for human consumption’ and specifically warn against using the product as snuff. The ingredients listed on the packaging did not refer to MDPV. The instructions for use indicated that the product was concentrated, that for the first few hours the user should only use one application and there was no need for a second application for hours. The labelling strongly recommended that the bath salts were not mixed with other similar products and for health and safety reasons it was always best to stay away from alcohol and prescription medication, or be intoxicated when bathing using the product or any other bath salts sold on the website.
Argued that the presentation of these products, labelled for use as ‘bath salts’, ‘plant fertiliser’, ‘plant food’ or ‘research chemicals’ potentially increased the risk of inappropriate use.
e) The potential for abuse of a substance
There had been reports of intense cravings for MDPV by users not unlike those experienced by methamphetamine users, which resulted in larger doses being consumed, which could result in a difficult come-down.
Indicated that there was reference to use and abuse of MDPV on various websites. Some users of MDPV reported developing cravings for MDPV. Noted that increases in tolerance with use were also reported.
Asserted that there appeared to be a risk of abuse, including a risk that users would re-dose with the product resulting in excessive doses, with a difficult come down similar to that experienced with methamphetamine.
Other matters
Noted that the UK, some European countries and several states in the US had prohibited or regulated the use of MDPV. The 31 March 2010 report of the UK Advisory Council on the Misuse of Drugs Consideration of the cathinones indicated that the harms associated with mephedrone and related cathinones were commensurate with the amphetamines and the substances in Class B. The Council recommended that the cathinones (including MDPV) be controlled as Class B substances under the Misuse of Drugs Act 1971.
[Members noted that the UK’s Misuse of Drugs Act 1971 determines three classes (A, B and C) of substances for misuse, based on the level of harm caused. For example Class A includes cocaine, methadone, morphine, MDMA, LSD, heroin; Class B includes codeine, some amphetamines; and Class C includes amphetamines, cannabis, benzodiazepines, buprenorphine].
Indicated that following regulation of the cathinones in the UK, other substances such as naphthyl analogues of pyrovalerone had been marketed in the UK as ‘legal highs’.
Asserted that MDPV qualified for a Schedule 9 listing, as the structurally related substances cathinone and MDMA are listed in Schedule I to the United Nations Convention on Psychotropic Substances 1971, as well as in Schedule 9 of the SUSMP.
Members noted that strong opioid analgesics were listed as ‘narcotics’ under ScheduleI of the United Nations Convention on Psychotropic Substances 1971, they were subject to a system of annual reporting on production, importation/exportation and inventory by the signatory countries. Inclusion in Schedule I is a Schedule 9 factor as set out in the Scheduling Policy Framework.
October 2011 Pre-meeting Submissions
A pre-meeting submission was received from the XXXXX The submission supported the inclusion of MDPV in Schedule 9. The submission also stated the harm associated with the use of this substance was documented in literature and it had no medicinal value.
EXPERT ADVISORY COMMITTEE DISCUSSION

Members agreed that relevant matters under Section 52E(1) of the Therapeutic Goods Act 1989 included (b) the purpose and extent of use; (c) toxicity; (d) dosage; formulation and presentation; and e) potential for abuse of a substance.
Members noted that there was no evidence of legitimate therapeutic use for MDPV. Members also noted the potency of the substance and the danger associated with heavy and repetitive use. A Member stated that MDPV had been a hot topic for discussions at recent conferences in toxicology. The Member advised the Committee that there were documented cases of psychosis and cerebral haemorrhage in MDPV users. A Member stated a recent letter to the New England Journal of Medicine about ‘bath salts’ intoxication noted that MDPV was the primary ingredient in these products. The letter warned clinicians to be aware that the severity and lethality from overdoses with these products often necessitated care and monitoring in an intensive care unit.. The Member also stated that there was also a concern about MDPV being marketed in a misleading way, e.g. ‘bath salts’.
Members noted the international controls applied to MDPV, and agreed that MDPV should be listed in Schedule 9.
DELEGATE’S INTERIM DISCUSSION

The delegate concluded that the recommendations of the ACMS were clear and appropriately supported. The delegate agreed with these recommendations.
The delegate agreed that relevant matters under section 52E(1) of the Therapeutic Goods Act 1989 included (b) the purpose and extent of use; (c) toxicity; (d) dosage; formulation and presentation; and e) potential for abuse of a substance.
DELEGATE’S INTERIM DECISION

The delegate decided to create a new Schedule 9 entry for 3,4‑methylenedioxypyrovalerone. The delegate decided that an implementation date of 1May 2012 was appropriate (i.e. three months after publication of the final decision). The delegate also decided to create a cross-reference in the index of the SUSMP from the common name MDPV to the 3,4- methylenedioxypyrovalerone entry.

Schedule 9 – New entry

3,4-METHYLENEDIOXYPYROVALERONE *(MDPV).

SUSMP Index – New cross-reference.

MDPV
See 3,4-METHYLENEDIOXYPYROVALERONE.

Once again, instead of using the analogue act to try and prosecute sales and possession of a substance it has been decided to add it directly to the federal Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP). I'm sure the states and territories will follow soon...
 
very interesting.
does make me wonder if the analogue act is too hard for law enforcement to comprehend?
 
^ I don't think it's too hard for them to comprehend; personally I believe there is a combination of factors as to why they don't use the analogue laws. Firstly, you would have to explain the analogue act to a jury and though when it comes to illegal drugs and especially importation it might not be hard to get a conviction still, it's an extra risk they might not want to take. Secondly, the laws are incredibly vague in my opinion and a decent defense attorney could at the very least have a good crack at discrediting them on the basis that they are far too broad and not well defined.
 
yeah. i guess what i mean by "too hard to comprehend" is that a proper understanding of the laws, and the application of them by police and customs etc means a proper understanding of chemistry as well as a decent knowledge of the many different research chems in use. specialist officers, sure - but i'd imagine a vast amount of training and education would be necessary for your average cop to be able to work with such legislation.
agree with what you've said above, but i guess simplifying the legal status of commonly used RCs (as has apparently been done with the synthetic cannabinoids) is of great benefit to law enforcement as well. "this is illegal" is a lot easier to prosecute than "this is structurally or in effect similar to substance x, which is illegal".
 
^ Oh I see what you were saying now... yes I agree completely and I guess I kind of expanded on that too. Making it specifically illegal does make their job a lot easier for them on a lot of fronts.
 
a02cce7df4ac68a1_the-critic.jpg




"...and nothing of value was lost."
 
lol Busty :). My friend did some pretty serious damage to his foreskin after a good dance with MDPV, he swore off it after that.

yeah. i guess what i mean by "too hard to comprehend" is that a proper understanding of the laws, and the application of them by police and customs etc means a proper understanding of chemistry as well as a decent knowledge of the many different research chems in use. specialist officers, sure - but i'd imagine a vast amount of training and education would be necessary for your average cop to be able to work with such legislation.
agree with what you've said above, but i guess simplifying the legal status of commonly used RCs (as has apparently been done with the synthetic cannabinoids) is of great benefit to law enforcement as well. "this is illegal" is a lot easier to prosecute than "this is structurally or in effect similar to substance x, which is illegal".

Good point spacejunk. The training would have to be massive....trying to prosecute someone via the analog act might be seen as risky and thus a waste of money, on all but the biggest fish.


I don't remember hearing about many analog act prosecutions, except for maybe a few people who imported large amounts?

Not a legal expert so I'm just guessing.
 
EDIT: Removed erroneous information.

The people who got in trouble also seemed to have been importing large amounts that were well beyond what you imagine the law considers personal use quantities.
 
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I don't know how the other states work but once a substance is included in schedule 8 or 9 of the SUSMP it automatically becomes included in schedules 8 and 9 of the WA Poisons Act and thereby becomes a "prohibited drug" to which the Misuse of Drugs Act (WA) applies to.
 
^ I thought it was similar in most states, but then I've seen QLD Government documents referring to a state 'schedule 1' and it is not talking about the empty SUSMP schedule; they mention S9 drugs such as heroin, LSD, etc... I'd try and dig up a source but all I've seen is bits and pieces on QLD Government websites or in records of state parliament. I've had a hard time trying to find proper legislation and records of discussion, etc. I imagine though that each state has the same scheduling, with slightly different requirements on prescribing and dispensing, e.g. benzodiazepines are considered S4W or Schedule 4 - Watched drugs in VIC and NSW, whereas in QLD they are just S4 drugs with no extra recording necessary during dispensing.

I have to correct my post above yours as well Biscuit; the person I was referring to was arrested AFTER 4-MMC was added specifically to the then SUSDP, I have confirmed through checking amendments from 2009.
 
Emerging drug of concern - MDPV

Emerging drug of concern - MDPV

South Australia Police are concerned about the emergence of the illicit drug methylenedioxypyrovalerone (MDPV) which has resulted in recent incidents of psychological and physical harm, including one fatal and several non-fatal overdoses and severe psychotic episodes.
MDPV is a psychoactive drug with significant stimulant properties and is usually sold in powder form. While SAPOL strongly warns against the use of any illicit drug, MDPV is particularly concerning as its effects are similar to methylamphetamine, but it is much more potent and therefore toxicity is much more likely.

In South Australia, MDPV has recently been sold as methylamphetamine, but at a reduced price. Users are referring to the drug as Scat Cat, 666 and Meow-Meow. It should be noted that Meow-Meow is in fact a different illicit drug.

MDPV is active in doses of 5mg with re-dosing common, resulting in larger doses being consumed, which can lead to a difficult 'come-down'. Users have reported massive urges to re-dose, followed by feeling extremely unwell.

The amount of MDPV that users require to produce effects is significantly lower than that of similar illicit drugs, which increases the risk. Short-term effects can include:

rapid heartbeat, high blood pressure
nausea, stomach cramps, digestive problems
increased body temperature, chills, sweating
headache, dizziness, kidney pain
insomnia, grinding of the teeth
overstimulation, agitation, severe paranoia
confusion, psychotic delusions, extreme anxiety
violent behaviour, suicidal thoughts and actions
Detective Superintendent Des Bray, Officer in Charge, Drug Investigation Branch said, "If you suspect that someone is suffering from a drug overdose it is vital to immediately seek medical assistance."​

here
 
Some more bullshit.......


New drug MDPV causing concern in Adelaide

THE emergence of an illicit drug is causing concern for police in Adelaide, with one death and a number of overdoses already.

Methylenedioxypyrovalerone or MDPV has also been responsible for some users experiencing severe psychotic episodes.

"MDPV is particularly concerning as its effects are similar to methylamphetamine, but it is much more potent and therefore toxicity is much more likely," a police spokesman said.

"In South Australia, MDPV has recently been sold as methylamphetamine, but at a reduced price.

"Users are referring to the drug as Scat Cat, 666 and Meow-Meow."

While MDPV is active in small doses, larger amounts are often consumed, leading to a difficult comedown.

Users have reported massive urges to re-dose, followed by feeling extremely unwell.

Detective Superintendent Des Bray said short-term effects included rapid heartbeat, high blood pressure, nausea, stomach cramps, digestive problems, increased body temperature, chills, sweating headache and dizziness.

More severe effects can include paranoia, confusion, psychotic delusions, violent behaviour and suicidal thoughts.

"The manufacture, trafficking and supply of illicit drugs are serious offences and cause serious harm to the community," Supt Bray said.
 
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My apologies for being stupid, but is it legal to possess, a small quantity, like personal use( a little baggy) in syd? And if so what would be the charges?
 
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