In addition, NPS also includes so-called research chemicals. These are pure synthetic substances in the form of molecular modifications of already established illicit drugs. « Legal highs » are synthetic substances that mimic the effects of known intoxicants such as cannabis, opioids or amphetamines. Manufacturers rely on a simple trick: they deviate as little as possible from common narcotic substances in terms of structure. Therefore, « legal highs » are not initially considered narcotics when they are new to the market. The legislator is always lagging behind: as soon as it qualifies a substance as illegal, a new recipe, slightly modified, arrives on the market. Meanwhile, several hundred different « legal highs » are in circulation. Meanwhile, the sale of these substances as an emergency solution has been prosecuted and sanctioned under the Pharmaceutical Act. However, this was prevented by a ruling by the Court of Justice of the European Union (CJEU). Coloured packaging and exotic names are intended to hide the fact that they are only illegal drugs with a corresponding effect. Young people in particular are often victims of this fraud.

There are known case reports that consumption of synthetic cathinones (bath salt drugs) has resulted in severe psychotic anxiety and confusion with direct self-endangerment and endangerment of the environment as well as life-threatening organ damage (rhabdomyolysis with acute renal failure). [15] Another incident in 2016 was widely reported by the NEJM under the title Zombie Outbreak in New York. 33 people were found helpless, who attracted attention through slowed robotic movements (like zombies) and incomprehensible vocalizations. 18 of them were hospitalized and, subsequently, the involvement of a derivative of Δ9-tetrahydrocannabinol could be proven as a trigger for the first time by analysis. The substance found, AMB-FUBINACA, is a synthetic cannabinoid previously developed and patented by Pfizer for research on painkillers and the cannabinoid receptor system. This NPS circulates illegally under the name AK47-Gold and has a potency 50 times that of THC. [16] From 2012 to 2014, 214 motor vehicle collisions in Japan were attributed to illicit drug use. In 93 of the 96 cases studied, the substances involved were probably synthetic cannabinoids (SC). After a corresponding tightening of laws, the number of cases has decreased since 2015. [17] The product range is wide: from « high-speed blue bath salts » to « Jamaican Gold Super Extreme herbal blend » to various « party pills » or « poppers ». The products are advertised in the Internet shop « legale-mischung.net » with the slogan « Knallt legal ». Two years before the 2016 NpSG, the Court of Justice of the European Union had confirmed the Federal Court of Justice[32][33] in 2014 with a judgment[29][30][31], according to which NPS, including those expressly marketed as legal substitutes for cannabis, did not fall within the concept of medicines.

The European Court of Justice finally recognised in its judgment: I would understand the first sentence to mean that `import and transit` for placing on the market would be illegal. The illegality of an order from abroad for personal use, and not « for placing on the market », also follows from this sentence, or is this case dealt with elsewhere? Although Schedules I to III are constantly adapted, the legislator has taken an abbreviation so that, since 2016, it no longer lists individual substances, but groups of substances in the so-called New Psychoactive Substances Act, the NpSG. Changing individual molecular chains is no longer enough – and much of what says about legal highs is anything but legal. This last point, however, is totally misleading, because « legal highs » are anything but legal, but punishable, even if they are not mentioned in the Narcotic Control Act (BtMG). A separate law was passed for them in 2016: the new Psychoactive Substances Act (NpSG). In particular, the possession and acquisition of legal highs is not punishable according to NpSG. This is a serious difference from the possession and acquisition of narcotics according to BtMG. However, if an accident or other major event warranting a complex toxicological blood test were to occur, it could have consequences. But even then, not all areas are necessarily covered. Many substances (today well over 600) can only be detected by an extremely expensive gas chromatographic examination in a special laboratory. There you can find individual parameters that may fall under the NpSG but still do not indicate the product consumed, because some parameters are already partially or completely degraded. Overall, people behind the wheel will unfortunately not have much to fear under the influence of legal highs.

Legal highs are psychoactive substances that are not yet covered by drug legislation. They are often advertised as a supposedly legal alternative to cocaine, ecstasy and other drugs. To the extent that the substances have been included in an annex to BtMG, any manipulation, in particular the possession and acquisition of these legal highs, is punishable. In 2016, the new Psychoactive Substances Act (NpSG) was passed, which aimed to finally make the sale of « legal highs » illegal. As the attempt to include more and more new individual substances in the Narcotic Control Act had failed, the NpSG has now classified entire groups of substances as intoxicants. Originally, these were synthetic cannabinoids and compounds derived from 2-phenethylamine. When the law came into force, this included about two-thirds of the « new psychoactive substances » (NpS) marketed as « legal highs. » Later, three other groups of substances were added to the list: Since then, benzodiazepines, compounds derived from N-(2-aminocyclohexyl)amide and tryptamine have also been listed. The law also aimed to decriminalize consumers: it provided that the possession of NpS should be prohibited, but exempt from punishment. A good marketing strategy is essential. Beautiful packaging, flattering product descriptions – some of which only scratch the surface of the truth – and a gullible target group help many companies achieve unimaginable sales.

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