Hon Peter Dunne

Associate Minister of Health

17 May 2016
Media Statement

Dunne welcomes rescheduling of dangerous drugs

The reclassification of a series of drugs posing a serious health risk to young people continues to progress and has been welcomed by Associate Minister of Health, Hon Peter Dunne.

“The impact of the NBOMe family of drugs, particularly on young people, can be devastating and the pending change in classification with appropriate, stiffer penalties available sends a clear signal of the wider community’s condemnation of these substances”, says Mr Dunne

Last year, Mr Dunne accepted a recommendation that three of the NBOMe family of substances be rescheduled as Class B1 drugs under the Misuse of Drugs Act.

"At the time, I referred NBOMe to the Expert Advisory Committee on Drugs with a recommendation for reclassification. It's now expected that the process will be completed within the next six months. NBOMe is recognised as a high risk psychoactive substance with a potentially serious impact on young people. It's particularly important that anyone importing or manufacturing these drugs is dealt with appropriately.”

There are more than 30 structurally related compounds in the NBOMe family but the rescheduling targets those with the highest risk of harm. These are 25B-NBOMe, 25-C NBOMe and 25I-NBOMe.

Anyone caught in possession of a Class B controlled drug for personal use faces a maximum of three months imprisonment and/or a $500 fine. Anyone convicted of any offence related to dealing of a Class B controlled drug (importing, manufacturing, selling, supplying or possessing with the intent to sell) faces up to 14 years imprisonment.

"These are tough penalties. While other NBOMes will remain as Class C controlled drugs, the Psychoactive Substances Act provides an additional line of regulation for them, and there is always the possibility of further changes as we learn more about the impact of these drugs”, said Mr Dunne.

"The United Nations Commission on Narcotic Drugs has previously recognised the seriousness of this group by including them in Schedule I of the Convention on Psychotropic Substances 1971."

Further background

NBOMes are often sold as or mistaken for LSD. Provisional figures indicate that during 2015, more than 19 thousand tabs were seized in 243 incidents. As of the end of March 2016, a further 86 seizures totalling 4290 tabs had been made.

Recommendations on scheduling are made to the Minister by the Expert Advisory Committee on Drugs.

Possession of class B1 drugs can result in up to $500 in fines, or up to three months imprisonment. Dealing in or conspiring to deal in class B1 drugs can result in up to 14 years imprisonment.

NBOMes will become scheduled as class B1 once the parliamentary executive council and the House of Representatives have endorsed the recommendation. Until that time, import, manufacture, supply and possession of NBOMes continues to be illegal under the Psychoactive Substances Act 2013.

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