15 February 2007
EACD discussion paper
Options for Presumption for Supply of
Benzylpiperazine (BZP) and Related Piperazines
Produced by the Ministry of Health
Background
At the meeting of the EACD on 29 November 2006, the Commit ee agreed to
recommend to the Associate Minister of Health that benzylpiperazine (BZP),
phenylpiperazines and related substances be classified as Class C1
controlled drugs. The EACD is meeting on 14 March 2007 to determine
whether a presumption for supply level of BZP and related piperazines is
required and at what level.
The following paper is intended to assist the EACD in determining an
appropriate presumption for supply level of BZP and related piperazines. The
information provided is based on the assumption that the recommendations of
the EACD are put forward by Government for approval by Parliament, and it is
agreed that BZP and related substances be made Class C1 control ed drugs.
A presumption for supply level can be set for these substances by the Order
in Council and affirmative resolution process at the same time an amendment
to the classification is brought into effect.
Presumption for supply
Section 6(6) of the Misuse of Drugs Act 1975 (MODA) provides for a
rebuttable presumption that when a person is found with a certain amount of a
controlled drug, he or she possesses the drug for the purpose of dealing (by
sale or supply). The onus is on the person found with the drug to prove that
he or she was not supplying the drug and that the drug was intended for
personal use. This presumption is referred to as “the presumption for/of
supply”.
Schedule 5 of MODA provides that the presumption for supply is set at a
default amount of 56 grams for all controlled drugs, except those that have a
specific presumption for supply listed in the schedule. A copy of Schedule 5
is appended to this paper. Controlled drugs with a specific presumption for
supply level listed in Schedule 5 include heroin, cocaine, methamphetamine
and MDMA. Cannabis is the only Class C drug currently listed with a specific
presumption for supply level.
EACD requirements
EACD Discussion paper - Options for Presumption for Supply of Benzylpiperazine (BZP) and
Related Piperazines
15 February 2007
The assessment of the amount of a substance above which it is presumed to
be for supply is part of the evaluation required by the EACD and is a matter
on which the Committee is required to report on pursuant to s5AA(2)(b)(i ) of
MODA. The Commit ee is guided by a number of factors in making the
required assessment, including:
• Informed knowledge of the quantities of a substance typically held by
suppliers of that substance
• Comparative assessments of established presumption for supply levels
of similar substances
• An assessment of the amount of a substance required to produce an
effect, the number of doses a person would typically use over a period
of time and the shelf life of the substance.
Other presumption for supply considerations
By class
The cannabis plant, the only current Class C drug listed in Schedule 5, has a
presumption for supply level of “28 grams or 100 cigarettes containing the
drug”. This is an historical listing which represents the pre-metric amount of
one ounce of cannabis. The lower (moderate) risk of harm posed by Class C
drugs in comparison to higher classifications may indicate that a low
presumption for supply level is not appropriate.
By potency
BZP has been considered to have approximately 10 percent of the potency of
dexamphetamine, therefore a case can be made in conjunction with the Class
C classification, that a presumption for supply amount be set at a higher level
commensurate with the lower potency of BZP. The potency of other
piperazines is largely unknown.
By type
Other amphetamine-type (stimulant) substances specifically listed in Schedule
5 generally have presumption for supply levels of “5 grams or 100 flakes,
tablets, capsules, or other drug forms each containing some quantity of the
drug”. These include methamphetamine, amphetamines, MDMA and MDA.
Piperazines are also stimulants with a similarity of action to amphetamines.
The normal recreational single dose of BZP consumed is estimated at 130mg
to 200mg and current commercial packages commonly contain 700mg to 1
gram of piperazines. Therefore 5 grams would represent approximately 25 to
40 doses and 5 to 7 packages.
It should be noted that a ‘blanket’ presumption for supply level for piperazines
will not necessarily be consistent with the potency and effects across the
range of these substances. While there is a growing body of evidence into
the use and effects of BZP, there is little research into phenylpiperazines.
However, TFMPP is considered to be active at lower doses than BZP, while
PFPP and MCPP may be considerably more potent.
EACD Discussion paper - Options for Presumption for Supply of Benzylpiperazine (BZP) and
Related Piperazines
15 February 2007
Presumption for supply of amphetamine
Presumption for supply levels were set for MDMA and amphetamines in June
2005. The presumption level for amphetamine was based on the fact that, for
legal therapeutic use, the doses recommended for amphetamine use are only
in the region of 5 to 10mg. Taking the upper level, 5 grams of pure
amphetamine was thus the equivalent of approximately 500 doses. In the
case of illicit use, intel igence indicated that amphetamine users commonly
consume more than one tablet per session, sometimes up to five or more
tablets over a 48-hour period. It followed that possession of 100 or more
amphetamine tablets, capsules or other drug forms would (as a rebuttable
presumption) be far in excess of ranges for personal use.
A presumption for supply of 5 grams or more for amphetamine, or 100 flakes,
tablets, capsules or other drug forms, was considered consistent with the
presumption for supply already set for the chemically related phenethylamines
MDMA and MDEA, and the parent compound MDA [2-amino-1-1(3,4-
methylenedioxyphenyl) propane] under Schedule 5 of MODA.
Further, it aligned the presumption of supply for amphetamine with the levels
agreed to by Ministers in 2002 for the related (Class A) substance
methamphetamine. The presumption level for methamphetamine was set at
“5 grams, whether or not contained in a substance, preparation or mixture”. A
‘point’ of methamphetamine, the standard amount sold on the illicit market, is
generally 100 mg. This would usual y consist of 2 to 3 doses for a user,
therefore 5 grams represents approximately 100 doses.
Penalties for Class C controlled drug offences
Dealing
Any person convicted of the importation, manufacture, sale or supply of a
Class C controlled drug is liable to a term of imprisonment for up to 8 years.
Any person convicted of conspiracy to commit an offence is liable to a term of
imprisonment for up to 7 years.
Possession
Any person convicted of possessing a Class C controlled drug is liable to a
term of imprisonment for up to 3 months or to a fine not exceeding $500, or
both.
EACD Discussion paper - Options for Presumption for Supply of Benzylpiperazine (BZP) and
Related Piperazines
15 February 2007
Misuse of Drug Act 1975 – Schedule 5
[Schedule 5
Amount, level, or quantity at and over which controlled drugs
are presumed to be for supply
ss 2(1A), 6(1)(f)
EACD Discussion paper - Options for Presumption for Supply of Benzylpiperazine (BZP) and
Related Piperazines
Document Outline
