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KMID : 1142220220170010065
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Regulatory Research on Food, Drug & Cosmetic
2022 Volume.17 No. 1 p.65 ~ p.78
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Comparison and Review of Foreign Cases and the Korean System on the Designation System of New Psychoactive Substances
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Park Jee-Woo
Jung Hyun-Sil
Hwang Min-Hyeok
Go Jeong-Min
Cheong Jae-Hoon
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Abstract
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In this study, we compared and organized the process of designating temporary class narcotics for new suspected substances in the four major countries and South Korea, and then considered the substances designation process of South Korea. After analyzing the laws, regulations, designation guidelines, and related literature for a temporary class narcotics designation in each country, we summarized them in the order of related lawsdesignation process-examples. Through this study, we investigated the advantages and disadvantages of each country's process and the characteristics of South Korea’s process different from other countries. In Japan, the Ministry of Health, Labour and Welfare decides whether or not it is a designated drugs (temporary class narcotics) of the suspected substances through deliberation on the four evaluation criteria based on the substance-related information. In the United States, the Ministry of Health and Welfare and the Ministry of Justice's Drug Enforcement Administration evaluate scientific and forensic data on suspected substances at multiple perspectives and decide to designate them as temporary class narcotics. Temporary class narcotics are registered in schedule I and the approval or disapproval of designation as narcotics is decided through subsequent reviewing and research procedures. In the UK, the Advisory Council receives evidence from other agencies that can determine if the suspected substance is a drug, and uses it as a reference to determine whether to designate the substance as a temporary class. narcotics. The European Union analyzes data on the dangers of suspected substances provided by many countries in the Union, reviews whether the substance is a narcotic within a set time limit, and decides promptly which the substance is narcotic or not. In South Korea, if suspected substances appear, the Narcotics Policy Division combines scientific materials and the opinions of experts and decide whether or not to designate temporary class narcotics 1st and 2nd groups according to the presented algorithm. South Korea and the European Union designate new psychoactive drug substances by referring to the UN's classification criteria for narcotics and psychotropic substances. In order to classify suspected substances quickly and accurately based on the algorithm, it is necessary to simplify the instructions and build a sophisticated algorithm with subdivided steps.
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KEYWORD
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Temporary class narcotics, New psychoactive substances, System improvements, Abuse potentia of drugs, Narcotics designation, Suspected substances, Designation guidelines, The Controlled Substances Act (CSA), Drug Enforcement Administration (DEA)
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