| Party Pills, the great New Zealand drug experiment |
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| Friday, 23 May 2008 09:24 | |||
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Author: Will Seal
Case Study – Party Pills, the great New Zealand drug experiment
Note – for the purpose of this study the term ‘party pills’ will be synonymous with their most common ingredient BZP (Benzylpiperazine) and other piperazines.
Involved Parties:
The NZ Government – responsible for the safety and freedom of its citizens The Ministry of Health – the Government agency tasked with monitoring the situation The EACD (Expert Advisory Committee on Drugs) – a panel of experts that deliver advice to the MoH on drug issues The Party Pill industry – manufacturing, promoting and selling legal drugs STANZ (Social Tonics Association of New Zealand) – a group of party pill companies pushing for regulation and safe party pill use The consumers – consuming vast quantities of drugs on a weekly basis The retailers – the front line of legal drug sales The medical establishment – dealing with the negative side-effects The media – keeping NZ informed on the issue, the NZ Herald particularly
Timeline:
1944 – BZP synthesised by Wellcome Research Laboratories. Trails were conducted into its effectiveness as potential anti-parasitic but it was instead revealed to have amphetamine-type effects, at 1/10th strength.
Reference: BZP under formal scrutiny. (2007, April). European Monitoring Centre for Drugs and Drug Addiction Drugnet News. Retrieved from: http://www.emcdda.europa.eu/?nnodeid=31429
1973 – A study is conducted, Bye et al. comparing “the physiological effect of BZP…on healthy human volunteers.”
Reference: Bye, C. et al. (1973). A Comparison of the Effects of 1-Benzylpiperazsine and Dexamphetamine on Human Performance Tests. European Journal of Clinical Pharmacology. 6, 163-169.
1999 – BZP first introduced to NZ by Stargate International, founded by Matt Bowden, as ‘herbal’ energy pills – branded ‘Nemesis’.
Reference: http://www.stargateinternational.org/pages/leadership.htm
July 18th 2002 – The US DEA (Drug Enforcement Administration) temporarily places (for a 6 month period) BZP in the Controlled Substances Schedule I to “avoid an imminent hazard to the public safety” while its risk is established.
Reference: Brown, J. (2002). Schedules of Controlled Substances: Temporary Placement of BZP and TFMPP into Schedule I. DEA Federal Register, 67, 183. Retrieved from: Federal Register Online via GPO Access
September 20th 2002 – The DEA maintains BZP’s status as a Schedule I controlled substance while further investigation takes place.
Reference: Brown, J. (2002). Schedules of Controlled Substances: Temporary Placement of BZP and TFMPP into Schedule I. DEA Federal Register, 67, 183. Retrieved from: Federal Register Online via GPO Access
September 30th 2002 – United Future leader Peter Dunne calls for Nandor Tanczos to resign on the basis that he smokes marijuana and is part owner of a shop selling party pills – he mentions the recent DEA ban and notes that “The Health Ministry are monitoring the issue, while police were understood to be concerned about the effects”. This is the first major mention that party pills have in mainstream NZ media.
Reference: United Future leader says Tanczos should resign. (2002, September 30). NZ Herald.
18 January 2003 – The Ministry of Health announces “no such steps were being taken” to ban BZP as in the US, however “party pills were being monitored here”.
Reference: Getting into herbal highs. (2003, January 18). The Southland Times.
March 18th 2004 – The DEA places BZP permanently on the Schedule I list, certifying that it has “a high potential for abuse” and “no currently accepted medical use in treatment”. Interestingly, one of the major reasoning’s is that “BZP was found to be about 10 times more potent than amphetamine”.
Reference: Leonhart, M. (2004). Schedules of Controlled Substances; Placement of N-Benzylpiperazine Into Schedule I of the Controlled Substances Act. DEA Federal Register, 69, 53. Retrieved from: Federal Register Online via GPO Access
March 18th 2004 – NZ Herald publish an article outlining the possible banning of party pills pending a release by the EACD.
Reference: Legal party drugs facing ban. (2004, March 18). NZ Herald.
March 19th 2004 – EACD meets and recommends to Associate Health Minister Jim Anderton “there was insufficient information available” to recommend banning BZP – but that; further research should be conducted, regulation on advertising should be explored, that an R18 age limit be imposed and that party pills being marketed as dietary supplements is inappropriate.
Reference: EACD. (2004). The EACD advice to the Minister on BZP. Auckland: EACD
April 9th 2004 – Jim Anderton issues a statement stating the MoH would look into the “possibility of adding another classification” for BZP into the Misuse of Drugs Act (MODA), a Class D, which would be R18.
Reference: Legal drugs set to stay legal but age limit may be set. (2004, April 9). NZ Herald.
May 13th 2004 – STANZ issue a notice to all retailers warning of party pill products with no labelling, and strongly recommending they do not sell to those under the age of 18.
Reference: Bowden, M. (2004, May 13). STANZ letter to retailers. Auckland: STANZ
June 1st 2004 – STANZ issue a “draft code of practise” outlining safety guidelines, age limits, advertising requirements and harm reduction strategies.
Reference: Dance pill makers issue draft code of practise. (2004, June 1). NZ Herald.
September 16th 2004 – An article is published in the NZ Herald outlining the possible changes to the MODA.
Reference: Law change tightens rules on substance abuse. (2004, September 16). NZ Herald.
November 2nd 2004 – Jim Andertion submits an amendment to the MODA through Supplementary Order Paper (Bill 3) creating a Restricted Substance class – controls are placed on advertising, an age limit is imposed (18) and penalties for violation of these laws established.
Reference: Supplementary Order Paper - Misuse of Drugs Amendment Bill 2004
November 9th 2004 – The Select Health Committee is called to consider the amendment and advise Jim Anderton on their stance on it.
Reference: Select Health Committee. (2005). Misuse of Drugs Amendment Bill 3
November 16th 2004 – National Poisons Centre launches first major study on Party Pills.
Reference: Herbal party pills under spotlight. (2004, November 16). NZ Herald.
May 23rd 2005 – The Select Health Committee “recommends by majority that it be passed with the amendments shown” in relation to the MODA Amendment.
Reference: Select Health Committee. (2005). Misuse of Drugs Amendment Bill 3
May 24th 2005 – NZ Herald article describes new age limits about to be imposed on BZP.
Reference: Rushed bill to tighten rules on party pills. (2005, May 24). NZ Herald.
June 16th 2005 – Misuse of Drugs Amendment Act passed by Parliament
Reference: Misuse of Drugs Amendment Act 2005
June 17th 2005 – NZ Herald article outlines the new amendments to the MODA regarding party pills
Reference: Law gets tough on selling party pills. (2005, June 17). NZ Herald
June 21st 2005 – The Misuse of Drugs Amendment Act 2005 receives Royal Assent from the Governor General. All direct advertising of party pills and the sale to those under 18 is now illegal.
Reference: Misuse of Drugs Amendment Act 2005
December 16th 2005 – A study conducted by Christchurch doctor Paul Gee finds that party pills can cause “serious toxicity in some individuals”
Reference: Toxic effects of BZP-based herbal party pills in humans. (2005). New Zealand Medical Journal, 118, 1227.
June 13th 2006 – An NZ Herald article details the results of a study (Legal party pill use in New Zealand) showing rising BZP use in New Zealand being “as high as one in five”, by Dr Chris Wilkins.
Reference: One in five have taken party pills. (2006, June 13). NZ Herald.
December 4th 2006 – EACD advises Jim Anderton “that BZP be classified under Class C1 of the Misuse of Drugs Act.
Reference: EACD. (2006). EACD advice to the Minister on BZP. Auckland: EACD
December 20th 2006 – Auckland University publishes its results on BZP use, finding that “party pills not harmless but few serious short term outcomes found”
Reference: Auckland University. (2006). Party pills not harmless but few serious short term outcomes found
February 19th 2007 – The NZ Police issue a caution that “some party pills contain illicit drugs” – following an ESR report stating that some ecstasy pills were found to contain traces of BZP.
Reference: Line between party pills and illegal drugs blurred – police. (2007, February 19). NZ Herald.
April 17th 2007 – MP Jacqui Dean launches her own private member bill to ban BZP.
Reference: Bill aims to ban party pills. (2007, April 17). Otago Daily Times.
May 9th 2007 – New research is published by the National Poisons Centre concluding that “serious effects may occur at recommended doses”.
Reference: National Poisons Centre. (2007). Piperazine-Based Party Drugs: Case Series of 73 Poisonings
August 15th 2007 – NZ Herald article outlines the failure of a recent government study on BZP conducted in Wellington, as it was “fundamentally flawed and "incapable" of establishing that BZP posed a moderate risk of harm”
Reference: Party pill vendors vow to fight back. (2007, August 15). NZ Herald
August 22nd 2007 – The MODA (Classification of BZP) Bill is introduced to parliament “to make it illegal to possess and use, sell, supply, import, export, or manufacture BZP and related substances”. Jim Anderton states the Bill “has a commencement date of 18 December 2007” and a 6 month amnesty period. NZ Herald article published detailing all of the above – also notes that the Attorney General has commented that some parts of the new bill “were in breach of the Bill of Rights Act”
Reference: Hon Jim Anderton. (2007). Misuse of Drugs Act Amendment Bill introduced.
Misuse of Drugs Act (Classification of BZP) Amendment Bill 2007. Retrieved from:
Legislation to ban party pills introduced. (2007, August 22). NZ Herald
September 11th 2007 – The Classification of BZP Amendment has its first reading, passes 113 to 8. A vote is put forward that the Bill be taken before the Select Health Committee for debate, passes 113 to 8 (ACT and Green Party oppose). Submissions to the Committee are made open.
Reference: Misuse of Drugs (Classification of BZP) Amendment Bill 2007. Retrieved from: www.parliament.nz
September 12th 2007 – NZ Herald article details result of first reading into BZP ban Bill Reference: Ban on party pills takes first step. (2007, September 12). NZ Herald.
October 12th 2007 – Submissions to the Select Health Committee close, 52 are made for it, 12 against.
Reference: Party pill ban delayed. (2007, December 12). Bay of Plenty Times
October 15th 2007 – Select Health Committee makes its report that the “majority of us recommend that it be passed”
Reference: Select Health Committee. (2007). Misuse of Drugs Act Amendment Bill 2007
November 10th 2007 – NZ Herald articles describes the first non-BZP party pills, and the total lack of control around them
Reference: Ban unworkable, says party pill boss. (2007, November 10). NZ Herald.
Party pill contents ‘virtually untested’. (2007, November 10). NZ Herald.
November 15th 2007 – NZ Herald article outlines the Select Health Committees decision
Reference: Committee recommends party pill ban. (2007, November 15). NZ Herald
December 7th 2007 – Parliament finishes sitting for 2007, Electoral Finance Bill means they run out of time to debate the BZP ban
Reference: Party pill ban delayed. (2007, December 12). Bay of Plenty Times.
February 12th 2008 – Parliament returns to sitting following Christmas break
Reference:
March 3rd 2008 – European Union votes to establish BZP as “a new psychoactive substance which is to be made subject to control measures and criminal provisions.”
Reference: Defining BZP. (2008, March 3). EU Council Decision 2008/206/JHA.
March 5th 2008 – The Classification of BZP Amendment has its second reading, passes 107 to 11 (Green, Maori and Act Parties oppose)
Reference: Misuse of Drugs (Classification of BZP) Amendment Bill 2007. Retrieved from: www.parliament.nz
March 11th 2008 – The Classification of BZP Amendment goes for debate before the whole house. Several votes are called; that a report be generated 2 years after the Amendment studying the effectiveness of it (59 for, 60 against) followed by several procedural votes regarding to parts of the Amendment (which all passed 109 for, 10 against)
Reference: Misuse of Drugs (Classification of BZP) Amendment Bill 2007. Retrieved from: www.parliament.nz
March 13th 2008 – The Classification of BZP Amendment has its third reading, passes 109 to 11 (Green, Maori and Act Parties oppose). NZ Herald publishes an article stating “party pills have been banned”
Reference: Misuse of Drugs (Classification of BZP) Amendment Bill 2007. Retrieved from: www.parliament.nz
Party pills banned. (2008, March 13). NZ Herald
March 14th 2008 – The Misuse of Drugs (BZP) Amendment Bill receives Royal Assent from the Governor General. The law is set to come into force on April 1st however for personal use a 6 month amnesty is permitted. NZ Herald article published outlining new law change.
Reference: Misuse of Drugs (Classification of BZP) Amendment Bill 2007. Retrieved from: www.parliament.nz
MPs vote for ban on party pills from next month. (2008, March 14). NZ Herald.
March 15th 2008 – NZ Herald article notes that despite the BZP ban – an entire range of new non-BZP party products are already on the shelves
Reference: New range of legal party pills on the horizon. (2008, March 15). NZ Herald.
March 31st 2008 – NZ Herald article describes how many buyers are stocking up with BZP products before the ban comes into force.
Reference: Buyers stock up on party pills before the ban. (2008, March 31). NZ Herald.
Present - At this stage, BZP and all other piperazines are now illegal with a 6 month amnesty in place for possession of a small amount. Several prominent companies within the industry have produced BZP-free party pill products that are available across the country. The contents of these products currently have no legal control, and have had very minimal safety testing. With the current law in NZ, chemicals are legal until proven unsafe, so any substance provided it is not ‘structurally similar’ to an illicit chemical is available for sale. Without a law change this situation will not change in the immediate future, and all chemicals will need the full process of Parliamentary review before being outlawed. Following the BZP-ban Amendment, the MODA is under review for being in breach of the NZ Bill of Rights – in summary; the future for these products is unknown and cannot be predicted.
In the process of compiling this research I went through several stages of evidence gathering and information processing. The initial stage was a raw information search, scanning through several newspaper archives to find the original appearance of BZP in the media. I had to track the original emergence of BZP in patent applications then trace its appearance in studies into its use in the 20th century. After compiling a large source of reference material (news articles, studies, press releases, government acts, parliamentary proceedings etc) I began to timeline the progress of party pills as they went before Parliament several times before finally being banned. Following this timeline I edited the content for relevance and highlighted the major events.
The Parliamentary process was relatively easy to set out, whereas the original rise of BZP use was extremely difficult to define, as it was intentionally kept out of the media and away from public attention to dissuade the Government from making moves to ban it. While some of the studies into BZP were easily found, some are listed as confidential, so took quite a large deal of effort to acquire. Luckily, having previously worked in the industry, I had access to several of the published studies relating to use and industry growth – particularly relating to STANZ.
Interestingly, the banning of BZP in Parliament was an extremely drawn out process spanning almost a decade. The most common assumption within the industry was that the ban would be pushed through as an emotional topic, with large-scale media attention being drawn to the ‘drug-pusher’ image. However in reality the passing of the law went through the full Parliamentary process, following the attempted creation of a ‘restricted-substance’ category in the Misuse of Drugs Act, and legislation being introduced in 2005 to restrict the sale and advertising of party pills. Jim Anderton, the Associate Minister of Health, did not attempt to pass the law until after a number of studies had been conducted and all possible avenues into keeping BZP legal had been investigated. While there were several issues raised in the process, such as concerns over some of the studies fairness, and pressure from several Ministers into biasing the results, the process was largely fair and balanced.
The media had comprehensive coverage on this issue, from its first appearance in 2002 right through to the ban. It received a large amount of attention in the newspapers, and was the subject of many TV news pieces, as well as a number of one-off special reports or documentaries. A large amount of attention was drawn to the topic by media – for example articles relating to BZP on the NZHerald website number 1 in 2002, 10 in 04, 18 in 05 (when the first laws were passed), dropping down to during 05 (18) and 06 (12), then 45 in 2007 when the laws were in the Parliamentary process of being accepted. Media attention spiked whenever the issue entered Parliament for debate, or when negative side-effects were highlighted.
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