Canada - Border agency given new powers to seize chemicals used to make illegal opioids

[S.J.B.]

CBSA given new powers to seize chemicals used to make illegal opioids
CBC
May 15th, 2019

Canada's border officials now have new powers to seize chemicals used to make illegal opioids.

On Wednesday, the federal government announced amendments to the Controlled Drugs and Substances Act to allow certain law enforcement agencies, including the Canada Border Services Agency, to stop what's known as precursor chemicals from being brought into Canada and then used to make deadly fentanyl and amphetamines, such as methamphetamine and ecstasy.

Previously, officers could only act once the illegal substances were actually made or if there was evidence that the raw chemicals were going to be used to make an illegal drug.

...

The changes are effective immediately meaning officers can start seizing chemicals like benzylfentanyl and norfentanyl.

Read the full story here.

 

[S.J.B.]

The law mentioned here enacts a regulation that was proposed in December. It schedules the following precursors:

1 Item 16 of Schedule I to the Controlled Drugs and Substances Act is amended by adding the following after subitem (13):

• (14) 4-Anilino-N-phenethylpiperidine (ANPP) (N-phenyl-1-(2-phenylethyl)piperidine-4-amine), its derivatives and analogues and salts of derivatives and analogues

2 Item 9 of Part 1 of Schedule VI to the Act is replaced by the following:

• 9 3,4-Methylenedioxyphenyl-2-propanone (1-(1,3-benzodioxole)-2-propanone), its derivatives and analogues and salts of derivatives and analogues, including:
  • (1) methyl 3-(1,3 benzodioxol-5-yl)-2-methyloxirane-2-carboxylate (MMDMG)

3 Item 11 of Part 1 of Schedule VI to the Act is replaced by the following:

• 11 1-Phenyl-2-propanone, its derivatives and analogues and salts of derivatives and analogues, including:
  • (1) methyl 2-methyl-3-phenyloxirane-2-carboxylate (BMK methyl glycidate)
  • (2) 3-oxo-2-phenylbutanamide (α-phenylacetoacetamide-APAA)

4 Item 28 of Part 1 of Schedule VI to the Act is replaced by the following:

• 28 Norfentanyl (N-phenyl-N-piperidin-4-ylpropanamide), its salts, derivatives and analogues and salts of derivatives and analogues

5 Part 1 of Schedule VI to the Act is amended by adding the following after item 31:

• 32 Benzylfentanyl (N-(1-benzylpiperidin-4-yl)-N-phenylpropionamide), its salts, derivatives and analogues and salts of derivatives and analogues

This is the first example I am aware of in the world of an analogue law that applies to precursors. Since the Canadian analogue laws that have been around for decades have yet to be tested in court, I doubt this one will be tested any time soon.