Changing Dutch research chemical regulations and what they could mean for you
On July 1, laws regarding research chemicals or “legal highs” are changing in the Netherlands. The implications of this will be further reaching that just Europe, with ripples likely to be felt on our shores. What does this mean for us here in Australia? And what can we do to combat and keep safe from the effects of these changes?
The Dutch government have recently voted in favour of new legislation which will have a significant impact on research chemicals (RCs) — also known as “novel psychoactive substances”, “designer drugs”, or “legal highs” around the world. Coming into effect on July 1st, the bill aims to limit the production and trade of both existing and new psychoactive substances, by expanding the list of banned substances outlined in the Opium Act. The change will outlaw entire classes of substances (similar to the UK’s Psychoactive Substances Act), instead of just individual compounds. Similar laws have existed in NSW since 2013 and also exist in Queensland, South Australia and Victoria.
Since the Netherlands are big exporters of these substances globally, Australia are likely to see flow on effects, especially for people who use synthetic drugs, shop on darknet markets, or experiment with RCs.
What’s happening?
The Dutch Opium Act prohibits the possession, commercial distribution, production, import and export of all illicit drugs, and distinguishes between “hard” drugs that have “unacceptable” risks (e.g., heroin, cocaine, ecstasy), and “soft” drugs (cannabis products). Currently, in order for an individual substance to be added to the Opium Act it must go through rigorous testing, a process that can take years. This system created what was essentially a game of Whack-A-Mole — by the time officials knew enough about a substance to pass regulation on it, a new generation of chemicals, just slightly different from the previous ones, popped up. These substances, often sold online or in store under names such as “spice” or “potpourri”, are produced by slightly tweaking the chemical formulas of banned substances to create new variations, allowing manufacturers and buyers to bypass the law.
In 2022, a proposal was submitted to the Dutch House of Representatives to amend the Opium Act. The amendment included the addition of a new list of banned substances, ‘list IA’, to the existing lists I and II. List IA contains a number of groups of substances whose chemical structure is derived from already banned psychoactive substances, as outlined in list I of the Opium Act. The updated list would target synthetic cannabinoids, fentanyl-like substances, and phenethylamines (including cathinones), which replicate the effects of THC (cannabis), heroin, and MDMA, respectively.
The proposed amendments to the bill won support from the Dutch government during a parliamentary vote in January 2024, backed by experts in other European countries who have adopted similar measures — in Germany and Belgium, entire chemical groups have been banned for years, helping authorities keep up with rapidly changing drug markets. The amendments are due to come into effect in the Netherlands on July 1st.
How could this affect you?
These upcoming changes are likely to have an effect on people who use drugs in Australia, both directly and indirectly.
As the Netherlands has been a key hub for manufacturing and distribution of RCs, stricter enforcement of these substances could cause supply chain disruption and inflation of prices due to decreased availability, and increased risk for those involved in the synthesis and distribution process. These disruptions could lead to the relocation of production, and push manufacturing operations underground.
Australia could see more clandestine labs popping up locally, attempting to recreate formerly imported RCs. If certain precursors or RCs become difficult to obtain, there is a risk of less predictable, more potent, and more dangerous analogues emerging as substitutes. Scarcity and higher prices might push some users to experiment with these untested riskier alternatives, which may not have adequate harm reduction information available regarding dosing, effects, interactions with other drugs, and toxicity. Additionally, current reagent test kits and lab testing may not immediately have the capabilities to detect some newer substances.
Tips for safer using
Test What You Can
Even if test kits don’t detect everything, they can still rule out some dangerous substances like NBOMe or fentanyl analogues. Use multiple reagents when possible, or go to a pill testing service if available.
Start Low, Go Slow
Especially with new or unfamiliar substances. Even small chemical tweaks can change potency massively.
Avoid Mixing
Combining RCs with alcohol, stimulants, benzos or opioids increases the risk of negative effects or overdose.
Use with Trusted Friends
Having someone around who’s not using (or is using less) can help you respond quickly in an emergency.
Stay Informed
Keep up to date with DanceWize and other services or harm reduction organisations that share warnings about potentially dangerous substances.
The “war on drugs” is always evolving and these new regulations are another reminder that prohibition doesn’t stop drug use, it just makes it riskier. The more governments around the world crack down, the more unpredictable the market becomes — but people still use drugs, and people still deserve to be safe.
If you’re someone who uses RCs or is curious about them, now more than ever is the time to prioritise harm reduction, look out for your friends, and stay informed.
You have the right to accurate information, safety, and support — no matter what you use.