New psychoactive substances in Europe: challenges and solutions

The new psychoactive substances (NPS) market has increased so fast that existing drug control laws have been left behind. European countries have responded in a variety of ways: some have introduced new legal responses to NPS, based on existing consumer or health protection laws,¬† or laws governing medicinal products, while others have developed innovative new legislation. However, in 2014 the EU’s Court of Justice ruled that substances are not medicinal products if they do not have beneficial effects on human health, thus restricting the use of such laws for NPS control.

This report is in two parts; the first is aimed at policymakers, and lists the challenges in NPS control and the solutions adopted in selected Member States. The second part is for legal practitioners, and focuses on the judgment of the Court of Justice and its practical effects on the transnational prosecution of NPS cases, describing the responses of some of the Member States most affected by the ruling.

Download the full report on New Psychoactive Substances on the emcdda.eu website