Analogue control

Description

A number of countries have chosen to extend the scope of the list of individually named substances in their drug control legislation to cover NPS by invoking the concept of “chemical” and/or  "pharmacological” similarity to a controlled drug, that is, an NPS which is structurally similar to and/or has a similar or greater effect on the central nervous system as a controlled substance, is deemed a controlled substance analogue and is therefore subject to the same controls.

Analogue legislation operates on a substance-by-substance basis and, unlike generic controls, addresses general aspects of similarity in chemical structure to a “parent” compound. The definition of what is considered an analogue, the interpretation and applicability of the concept and the penalties associated with the infringement of analogue legislation vary from country to country. In addition to the requirement of chemical similarity, criteria such as pharmacological similarity and/or evidence that the substance is sold for human consumption are used in some countries to delineate more clearly the definition of analogue substances.

Considerations

  • Based on the existing drug control legislation and the fact that analogue controls do not require naming each individual substance in the legislation, analogue controls may eliminate the need to continually update the list of controlled substances.
  • For an NPS to be considered as a controlled substance under analogue legislation, an assessment of the chemical structure and/or pharmacological similarity of that NPS against that of an existing controlled substance is required, and this often needs to be done for each individual substance.
  • For a substance to be deemed a similar synthetic preparation (for example in the case of synthetic cannabinoids in comparison to cannabis), there has to be scientific data showing that the substance has a similar pharmacological activity profile to a   controlled substance, and that data is often scarce.
  • In some countries, analogy needs to be proved on a case by case basis and such decisions may not be legally binding in subsequent prosecutions. There may therefore be different judgements on the same substance.
  • Analogue control may have unintended negative consequences on legitimate manufacturers and suppliers of substances for medical and/or research purposes, because they cannot verify with certainty if a substance that they are manufacturing or selling is considered to be an analogue substance, which puts them at risk of committing illicit acts and being prosecuted.
  • The lack of a recognized scientific method to determine the “substantial similarity” of two substances makes the process very complex and resource-intensive for law enforcement and prosecuting authorities.

Which countries have implemented analogue control?

Use the drop down menu and select Analogue Control as a type of legislative approach. The map will display all countries which have implemented this type of approach. Click on the map to see a list of the countries in a table to the right.

** This map was created by commercial software. The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.

 

The searchable database of the UNODC Early Warning Advisory lists and describes national legislative approaches to NPS by country/territory and type of approach. Where available, web links lead to the respective national legislation.