NBOMe reclassified as Class B1 Drug

  • Peter Dunne
Internal Affairs

A series of drugs that pose a serious health risk will soon be subject to the Misuse of Drugs Act 1975.

Associate Minister of Health, Peter Dunne, says he has accepted an expert recommendation to schedule three of the NBOMe family of substances as Class B1 drugs.

“Earlier this year the World Health Organization considered reviews of these three substances, and found they were an especially serious risk to public health and society, were of no recognised therapeutic use, and were being manufactured clandestinely.

“The NBOMe family has been illegal under the Psychoactive Substances Act since July 2013 and there have been prosecutions successfully bought under that legislation, but I am pleased that now the stiffer penalties of the Misuse of Drugs Act will apply”, says Mr Dunne.

There are more than 30 structurally related compounds in the NBOMe family but the scheduling will target those known to have a high risk of harm. These are 25B-NBOMe, 25-C NBOMe and 25I-NBOMe.

“I am reassured that the analogue provisions of MoDA will allow most other NBOMes to be captured as Class C controlled drugs, while the Psychoactive Substances Act provides an additional line of regulation. There is always the possibility of further changes in scheduling as more is learned about the NBOMe drugs”, said Mr Dunne.

Further background

NBOMes are often sold as or mistaken for LSD. There were more than 220 seizures of LSD/NBOMes in New Zealand in 2014 involving close to 27,000 tabs. In the last month alone, at least 14 individuals have been hospitalised in New Zealand after taking what was believed to be a member of the NBOMe family, with one individual suffering multiple organ failure.

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. This is expected to take effect in mid-2016. Until that time, import, manufacture, supply and possession of NBOMes continues to be illegal under the Psychoactive Substances Act 2013.