Misuse Of Drugs Act (MDA)

Listing of five NPS in the Fifth Schedule, to the First Schedule of the MDA

Listing of one substance in the First Schedule of the MDA

         With effect from 1 May 2019, the Central Narcotics Bureau (CNB) will be listing all five New Psychoactive Substances (NPS)^[1] currently in the Fifth Schedule of the Misuse of Drugs Act (MDA), in the First Schedule of the same Act. This means that these five substances will be reclassified as Class A controlled drugs (see Annex A for the list of drugs). In addition, one substance, lisdexamphetamine, will be listed in the First Schedule as a Class A controlled drug (see Annex B).

2.          Following the listing of the substances as Class A controlled drugs, the trafficking, manufacture, import, export, possession or consumption of these substances will constitute an offence under the MDA. Any person found guilty of trafficking Class A controlled drugs will face a minimum of five years’ imprisonment and five strokes of the cane. They will also be liable for enhanced penalties if they re-offend or sell to young or vulnerable persons. CNB will also be empowered to subject abusers of these substances to supervision, commit them to a drug rehabilitation centre for treatment and rehabilitation, or charge them in court.

3.         Their listing in the First Schedule will allow CNB to take decisive action against the abuse and trafficking of such substances.

Listing of two NPS in the Fifth Schedule of the MDA

4.          CNB will be listing two NPS in the Fifth Schedule of the MDA (see Annex C) with effect from 1 May 2019. This allows CNB to seize these NPS so that their circulation can be restricted while research and industry consultation are conducted.

Global NPS Situation

5.          There has been a rapid increase in the number, type and availability of NPS across the world. Based on a report released in March 2019 by the United Nations Office on Drugs and Crime, there were at least 899 NPS reported from 2008 to March 2019[2]. Many of these NPS have been reported in overseas journals to have no licit use. Their abuse has been linked to adverse physical and psychological reactions, including paranoia, seizures, hallucinations and even death. CNB monitors the emergence of NPS on the global drug scene and will take steps to control newly-emerged NPS under the MDA.

CENTRAL NARCOTICS BUREAU

30 APRIL 2019

Reference:

The Fifth Schedule of the MDA was first enacted on 1 May 2013 to allow CNB to control and prevent the proliferation of NPS. NPS can be temporarily listed in the Fifth Schedule for up to 12 months, with a possibility of extension for another 12 months. The trafficking, manufacture, import, export, possession or consumption of any substance, which is temporarily listed in the Fifth Schedule, will not constitute an offence under the MDA, until that substance is listed as a controlled drug in the First Schedule. However, the Fifth Schedule enables CNB to seize these NPS so that their circulation can be restricted while research and industry consultation are conducted. These processes are necessary before a substance is classified as a controlled drug.

Annex A

The Fifth Schedule Drugs Relisted to the First Schedule as Class A Controlled Drugs

(With effect from 1 May 2019)

1. N-(Adamant-1-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (also known as Adamantyl CHMINACA or SGT-37)
2. 3,4-Dichloromethylphenidate and its dichloro positional isomers in the phenyl ring (also known as 3,4-DCMP)
3. 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indole-3-carboxamide (also known as 5-Fluoro-cumyl-PICA) and its phenylpropyl isomers and their respective fluoro positional isomers in the pentyl group
4. Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indazole-3-carboxylate (also known as 5-Fluoro-SDB-005) and its fluoro positional isomers in the pentyl group
5. Naphthalen-1-yl 1-pentyl-1H-indazole-3-carboxylate (also known as SDB-005)

Annex B

Substance Listed to the First Schedule as Class A Controlled Drug (with effect from 1 May 2019)

1. (2S)-2,6-Diamino-N-[(2S)-1-phenylpropan-2-yl]hexanamide (also known as Lisdexamphetamine or Lisdexamfetamine) and its stereoisomers
   

Annex C

New Substances Listed in the Fifth Schedule (with effect from 1 May 2019)

1. 5-(5-Fluoropentyl)-2-(2-phenylpropan-2-yl)-pyrido[4,3-b]indol-1-one (also known as 2-Cumyl-5-(5-fluoropentyl)-gamma-carbolin-1-one or 5-Fluoro-cumyl-PEGACLONE) and its phenylpropyl isomers and their respective fluoro positional isomers in the pentyl group
2. 2-(2-Phenylpropan-2-yl)-5-pentyl-pyrido[4,3-b]indol-1-one (also known as 2‐Cumyl‐5‐pentylgamma‐carbolin‐1‐one or cumyl PEGACLONE or SGT-151) and its phenylpropyl isomers.