Central Government Amends Controlled Substances Order, Adds New Precursor Chemicals

The Ministry of Finance, Department of Revenue, issued a notification on August 26, 2020, introducing the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Amendment Order, 2020. This instrument, published in the Official Gazette on August 27, 2020, came into force immediately upon its publication. The amendment was enacted by the Central Government in exercise of the powers conferred by section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985). It specifically modifies the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013, which was originally notified on March 26, 2013. The primary legal consequence of this amendment is the insertion of several new substances into the Schedules of the 2013 Order, thereby bringing them under regulatory control. Specifically, Schedule A was updated to include 4-Anilino-N-phenethylpiperidine (ANPP) and N-Phenethyl-4-piperidone (NPP) after serial number 5. Furthermore, Schedule B saw the addition of 3,4-MDP-2-P methyl glycidate (PMK glycidate) (all stereoisomers), 3,4-MDP-2-P methyl glycidic acid (PMK glycidic acid) (all stereoisomers), alpha-phenylacetoacetamide (APAA) (including its optical isomers), and methyl alpha-phenylacetoacetate (MAPA) (including its optical isomers) after serial number 19. These additions affect all persons and entities involved in the manufacture, distribution, or use of these newly listed chemicals, subjecting them to the regulatory framework established by the 2013 Order and the parent Act.

The legislative intent behind the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Amendment Order, 2020, is to strengthen the regulatory oversight on chemicals that can be diverted for the illicit production of narcotic drugs and psychotropic substances. The earlier legal position was that these specific chemicals were not explicitly listed in the Schedules of the 2013 Order, potentially creating a statutory gap that could be exploited by those involved in illegal drug manufacturing. By amending the 2013 Order, the Central Government addressed these issues, ensuring that a broader range of precursor chemicals, often referred to as "controlled substances" due to their potential for misuse, are brought under strict governmental scrutiny. The legislation provided: “In exercise of the powers conferred by section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance, Department of Revenue number G.S.R. 191 (E), dated the 26th March, 2013, namely:” This action reflects a policy rationale aimed at curbing the supply chain of illicit drugs by controlling their essential chemical components. The amendments introduce new obligations for those handling these substances, requiring compliance with the existing regulatory mechanisms for controlled substances, which typically include licensing, record-keeping, and reporting requirements. This proactive measure aims to prevent the diversion of these chemicals from legitimate industrial or scientific uses into clandestine drug laboratories, thereby reinforcing the overall framework for combating drug trafficking and abuse in India. The inclusion of stereoisomers and optical isomers for certain substances ensures comprehensive coverage, preventing circumvention through minor chemical variations.

Keywords: Narcotic Drugs, Psychotropic Substances, Controlled Substances, Amendment Order, 2020, Ministry of Finance, NDPS Act, Precursor Chemicals, Drug Regulation, India Geo Tags: India, Delhi District: Not Applicable