All
schedules pertain to time, even if it is not obvious at first glance. A
good example is the Schedule 1 of listed chemicals that is attached to
the Drug Misuse and Trafficking Act 1985 (NSW). Though this is not a
time schedule, it certainly has time implications. Statistically
speaking, workers using the chemicals or drugs listed on Schedule 1 are
normally less productive and have higher rates of taking sick days. The
problem is that the Schedule 1 lists specific chemicals by name, and the
illicit drug manufacturers have figured out they can make simple
formula changes and create chemical compositions that are not on the
Schedule 1.
Some progress has been
made to make formula changes illegal. In February 2012, the term
‘synthetic cannabinomimetics’ was added to the federal Uniform
Scheduling of Medicines and Poisons Schedule 9, which lists prohibited
substances. Schedule 9 now includes all known synthetic cannabinoids
plus the catch-all term. Laboratory researchers have also developed
urine and saliva drug tests that can detect synthetic cannabis like K2,
Kronic and Spice.
Temporarily Legal
Several
months ago, the CEO of the NSW Minerals Council (NSWMC), Stephen
Galilee, submitted a letter to Parliament House to put pressure on
legislators to deal with Schedule 1 terminology changes.1 The problem
boils down to the fact that illicit drug makers are staying one step
ahead of the law in many drug categories.
The
NSWMC wants the same approach taken with the NSW Schedule 1 that was
used with Schedule 9, to make it easier for employers to manage illicit
drug use in the mines. All cannabinoids would be included, and the
exceptions would become drugs used for legitimate medicinal or research
and training purposes .The NSWMC is right to be alarmed about the many
versions of street drugs, and this is an issue that concerns all
employers. The NSWMC believes that synthetic drugs should be regulated
on a national basis to make it easier to stay ahead of the illegal drug
makers through catch-all terminology, rather than trying to regulate
illicit drugs on a state-by-state basis.
As
long as Schedule 1, Schedule 9 or any other state or federal schedule
names specific synthetic drugs, some of the street drugs are temporarily
legal until the law catches up with the changes and the drugs get added
to the schedules. The street chemists are busy developing new synthetic
drugs all the time, and they mimic stimulants and dissociative drugs.
The chemists are smart because they can adjust the formula slightly and
create a powerful new street drug that is technically legal. The street
chemists often begin their efforts by mining chemical composition
information from legitimate research reports prepared by laboratories
and universities.3
Asking the Right Questions
The
new street drugs seem to get more powerful all the time, and that means
they get more dangerous. The increasing frequency of psychotic episodes
seen amongst drug users is a testament to that fact. The chemical
compositions are extremely sophisticated, and the street chemists adjust
the formulas as rapidly as the drugs are discovered by the law. Though a
catch-all phrase could be added to the laws for all synthetic drugs,
there remains a terminology problem. How do you define similar chemical
compounds? How close in chemical composition does a drug have to be in
order to be considered similar?
These
are precisely the types of questions that NSWMC is asking Parliament to
consider. In the meantime, employers must diligently continue random workplace drug testing
and keep drug and alcohol testing policies relevant. It is easier for
an employer than the government to adjust policy terminology to address
intolerance for any and all workplace substance abuse – legal or not.
In
a world where illicit drugs are manufactured on a routine basis, it is
important to use only top quality screening services. Mediscreen at
mediscreen.net.au/index.php?mod=services offers state-of-the-art drug
and alcohol screening services to a variety of businesses working to
maintain drug free workplaces.