Implementing decision 2017/369 - Subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3, 3-dimethylbutanoate (MDMB-CHMICA) to control measures

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1.

Current status

This implementing decision has been published on March  3, 2017 and entered into force on March  4, 2017.

2.

Key information

official title

Council Implementing Decision (EU) 2017/369 of 27 February 2017 on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures
 
Legal instrument implementing decision
Number legal act Implementing decision 2017/369
Original proposal COM(2016)548 EN
CELEX number i 32017D0369

3.

Key dates

Document 27-02-2017; Date of adoption
Publication in Official Journal 03-03-2017; OJ L 56 p. 210-212
Effect 04-03-2017; Entry into force Date pub. +1 See Art 3
End of validity 31-12-9999

4.

Legislative text

3.3.2017   

EN

Official Journal of the European Union

L 56/210

 

COUNCIL IMPLEMENTING DECISION (EU) 2017/369

of 27 February 2017

on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament (2),

Whereas:

 

(1)

A risk-assessment report on the new psychoactive substance methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) was drawn up in accordance with Decision 2005/387/JHA by a special session of the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction, and was subsequently submitted to the Commission and to the Council on 28 July 2016.

 

(2)

MDMB-CHMICA is classed as a synthetic cannabinoid receptor agonist. Synthetic cannabinoid receptor agonists, also referred to as synthetic cannabinoids, are a chemically diverse group of substances functionally similar to Δ9-tetrahydrocannabinol (Δ9-THC), the major psychoactive principle of cannabis. Δ9-THC and the synthetic cannabinoids naphtalen-1-yl(1-pentyl-1H-indol-3-yl)methanone (JWH-018) and 1-(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)-methanone (AM-2201) are cannabinoid receptor agonists controlled under the 1971 United Nations Convention on Psychotropic Substances.

 

(3)

The high potency of MDMB-CHMICA and the highly variable amounts of the compound in ‘legal high’ products constitute a high risk of acute toxicity.

 

(4)

MDMB-CHMICA has been available on the drug market in the Union since at least August 2014 and has been detected in 23 Member States. It is sold typically as commercial branded ‘legal high’ products in head shops, as well as on the internet as a ‘legal’ replacement for cannabis. The available information suggests that bulk powders of MDMB-CHMICA are produced by chemical companies based in China. They are imported into the Union where they are either processed and packaged into commercial smoking mixtures or sold as powder. There is no information indicating production of MDMB-CHMICA within the Union.

 

(5)

MDMB-CHMICA is typically administered by smoking a herbal mixture that is either from a ready-to-use commercial ‘legal high’ product or, less commonly, self-prepared. In commercial products it is usually not stated whether the product contains MDMB-CHMICA or any other synthetic cannabinoid receptor agonist. Therefore, many individuals exposed to MDMB-CHMICA might be unaware that they are using the substance. In addition, such consumers might be unaware of the dose that they are consuming. The manufacturing process can also lead to an uneven distribution of the substance within the plant material, with the result that some products contain ‘hot pockets’ where cannabinoid is highly concentrated, increasing the risk of acute toxicity and outbreak of mass poisonings.

 

(6)

The available data suggests that MDMB-CHMICA is used by cannabis users, ‘psychonauts’ and those who are regularly subjected to drug-testing procedures, including those in prison.

 

(7)

While there is no specific information on the possible effects of MDMB-CHMICA on the direct social environment or on society as a whole, multiple reports have indicated a possibility for violence and aggression as a consequence of its use. In addition, the detection of MDMB-CHMICA in cases of suspected driving under influence indicated a potential for wider...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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