Mephedrone - Legal Status

Legal Status

When mephedrone was rediscovered in 2003, it was not specifically illegal to possess in any country. As its use has increased, many countries have passed legislation making its possession, sale and manufacturing illegal. It was first made illegal in Israel, where it had been found in products such as Neodoves pills, in January 2008. After the death of a young woman in Sweden in December 2008 was linked to the use of mephedrone, it was classified as a hazardous substance a few days later, making it illegal to sell in Sweden. In June 2009, it was classified as a narcotic with the possession of 15 grams or more resulting in a minimum of two years in prison – a longer sentence, gram for gram than given for the possession of cocaine or heroin. In December 2008, Denmark also made it illegal and through the Medicines Act of Finland, it was made illegal to possess without a prescription. In November 2009, it was classified as a "narcotic or psychotropic" substance and added to the list of controlled substances in Estonia and made illegal to import into Guernsey along with other legal highs, before being classified as a Class B drug in April 2010. It was classified as a Class C drug in Jersey in December 2009.

In 2010, as its use became more prevalent, many countries passed legislation prohibiting mephedrone. It became illegal in Croatia and Germany in January, followed by Romania and the Isle of Man in February. In March 2010, it was classified as an unregulated medicine in the Netherlands, making the sale and distribution of it illegal. The importation of mephedrone into the UK was banned on 29 March 2010. The next day, the ACMD in the UK published a report on the cathinones, including mephedrone, and recommended they be classified as Class B drugs. On 7 April 2010, the Misuse of Drugs Act 1971 (Amendment) Order 2010 was passed by parliament, making mephedrone and other substituted cathinones, Class B drugs from 16 April 2010. Prior to the ban taking effect, mephedrone was not covered by the Misuse of Drugs Act 1971. It was, though, an offence under the Medicines Act to sell it for human consumption, so it was often sold as "plant food" or "bath salts", although it has no use as these products; this, too, was possibly illegal under the Trade Descriptions Act 1968. In the USA, similar descriptions have been used to describe mephedrone, as well as methylenedioxypyrovalerone (MDPV). In May 2010, the Republic of Ireland made mephedrone illegal, followed by Belgium, Italy, Lithuania, France and Norway in June and Russia in July. In August 2010, Austria and Poland made it illegal and China announced it would be illegal as of 1 September 2010. Mephedrone had been reported to be used in Singapore in February 2010, but it was made illegal in November 2010. In December 2010, following the advice of the EMCDDA, mephedrone was made illegal throughout the EU, a move Switzerland also made shortly afterwards. Countries which have not already banned it, such as the Netherlands, Greece and Portugal, will need to change legislation to comply with the EU ruling. In Hungary, a government advisory body recommended mephedrone should be made illegal in August 2010, which was followed, making it illegal in January 2011; Spain followed in February 2011.

In some countries, mephedrone is not specifically listed as illegal, but is controlled under legislation that makes compounds illegal if they are analogs of drugs already listed. In Australia during 2010, it was not specifically listed as prohibited, but the Australian Federal Police stated it is an analogue to methcathinone and therefore illegal. In February 2010, 22 men were arrested in connection with importing mephedrone. By January 2011, every state in Australia, other than Victoria, had listed it as a controlled drug. In New Zealand, it is not included in the Misuse of Drugs Act 1975, but is illegal, as it is similar to controlled substances. In Canada, mephedrone is not explicitly listed in any schedule of the Controlled Drugs and Substances Act, but "amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues" are included in Section I of Schedule III of the act. Cathinone and methcathinone are listed in separate sections of Schedule III, while diethylpropion and pyrovalerone (also cathinones), are listed in separate sections of Schedule IV, each without language to capture analogues, isomers, etc. According to The Globe and Mail, mephedrone is considered a controlled substance by Health Canada. According to the Canadian Medical Association, mephedrone is grouped with other amphetamines as Schedule III controlled substances. There have been several media reports of the Canadian police seizing mephedrone. Mephedrone is also currently unscheduled in the United States. The Drug Enforcement Administration (DEA) states, as an analogue of methcathinone, possession of mephedrone can be controlled by the Federal Analog Act, but according to the Los Angeles Times, this only applies if it is sold for human consumption. Several cities and states, such as New York, have passed legislation to specifically list mephedrone as illegal, but in most areas it was legal, so long as it is not sold for human consumption, so retailers described it as 'bath salts'. In September 2011, The DEA began using its emergency scheduling authority to temporarily control mephedrone. Except as authorized by law, this action made possessing and selling mephedrone or the products that contain it illegal in the USA for at least one year while the DEA and the United States Department of Health and Human Services conduct further study.