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Drug enforcement and legislation struggle to keep up. New psychoactive substances NPS present a new global phenomenon in the drug market. This phenomenon is characterized by the emergence of a significant number of new substances every year that are not controlled under international drug control conventions, which means that their trafficking is legal. These substances mimic traditional illicit drugs and may cause severe adverse health effects. Over the last few years, the unprecedented rate of NPS proliferation has resulted in significant risk to public health; the numbers of people who become sick or addicted, as well as the number of fatalities, are consistently growing at an alarming pace. With the aid of the internet, new psychoactive substances are spreading at such a rapid rate that law enforcement agencies cannot respond quickly enough when it comes to identifying and regulating these substances. Law enforcement and healthcare professionals are becoming more and more concerned as they struggle with how to react to these new risks. Furthermore, legislation is proving inadequate to monitor and control the situation, allowing NPS proliferation to outpace healthcare and justice systems worldwide. This lack of legal controls has provided organized crime networks the opportunity and the leeway to increase their presence in this market and generate millions of dollars in profit for their organizations. The negative societal and economic impacts of NPS on the global community are significant and the challenge to law enforcement, the judiciary, and policymakers is unprecedented. To date, there have been few legislative efforts nationally, regionally, or internationally to control the widespread problem of NPS. Why has it proved so difficult to control the NPS market? What should be done to contain and regulate NPS proliferation? Locating a solution to the global NPS dilemma will require all those involved, from local communities to nations, to join together and generate innovative responses, including updating currently ineffective drug policies, rewriting out-of-date legislation, and collaborating in the field for a common objective. Failure to engage in a worldwide effort will only exacerbate an already dangerous situation, as criminal groups continue to take advantage of economic globalization, cutting-edge technology, and innovation to firmly entrench themselves within the NPS market. This paper will address the NPS phenomenon, presenting why the issue is generating increased interest worldwide and how it has provoked new challenges for law enforcement agencies LEA and policymakers. Beginning with a presentation of the current NPS crisis, this paper will demonstrate how illicit networks have managed to flood the drug market with NPS and examine the emerging issues for the involved communities and countries, legislative and judicial communities, and populations worldwide. Finally, it will discuss current governmental responses and containment measures and offer suggestions on how to counter the challenge using a holistic approach. The preferred term, as adopted by the European Community in , is new psychoactive substances. Social factors are increasingly seen as driving forces in the rapid expansion of NPS usage throughout the world. Not only is the rising use of NPS outpacing current drug control measures around the globe, but continual development of NPS leaves drug enforcement and legislation struggling to keep up. The NPS phenomenon is characterized mainly by the continued emergence of new substances that are not legally controlled by international drug control conventions. There have been numerous attempts in the past to outwit drug laws via the production of derivatives or analogues that are not controlled under international conventions. Presently, what is new is the complexity, scale, and accessibility of the NPS market compared to past decades, and this market responds very quickly to legislative changes. New psychoactive substances are designed to mimic the effect of traditional illicit drugs and may pose a significant public health threat. The number of people searching for hospital treatment is expected to grow and a public health crisis generated by NPS cannot be ruled out. The use of NPS could result in adverse health effects, serious injuries sometimes through road traffic accidents, or violent behavior , as well as suicide and other fatalities. Almost nothing is known about their harmful properties or their long-term effects or how to counteract them. The NPS phenomenon is spreading rapidly due to globalization and technology, with the internet playing a vital role in increasing the number of NPS available and extending NPS distribution. The easy access and enhanced profitability of this growing drug market makes it increasingly attractive both to consumers and organized crime. Dissemination of drugs in the internet age differs from the drug chain model of the past which connected laboratories and end-consumers. Globalization and technology contribute hand-in-hand to NPS proliferation, linking vital substance-production knowledge and easy avenues for market distribution. These substances are frequently advertised as harmless or even legal, creating a false appearance of legitimacy for the product. New psychoactive substances are available under their own name, under false names e. These products are being sold inexpensively and openly on the street, in shops, on the illicit drug market, or through the internet. Web-based distribution also provides a nimbleness to the illicit drug trade. When a substance becomes controlled in one country, suppliers are able to switch immediately to a new uncontrolled NPS or simply relocate business to another country. It is expected the involvement of these groups will increase in scale and number as the NPS market offers increasingly high rewards. Identification of such groups hiding behind the NPS market is difficult for law enforcement agencies, as manufacturing and trafficking of NPS is a complex system that stretches across countries worldwide. A further complication is the sale of. Ultimately, profit is the primary objective for organized crime and the current NPS market is easy money. All the above have formed an evolving phenomenon which presents new challenges to society and the architects of international health and security. Some of these challenges are shown in the following sections. Today, NPS are spread swiftly via the internet at a pace which is difficult for law enforcement agencies LEA to quickly identify and regulate substances. This fluidity interrupts the very first investigative step: determining a suspicion of drug abuse. New psychoactive substances could be characterized as a complicated subject, which changes rapidly, with a lot of scientific details that could easily confuse all professionals involved. Moreover, public awareness efforts that could provide basic knowledge about NPS are limited or non-existent. A major challenge in the disruption of NPS smuggling lies in the identification of manufacturing sites, processing sites and the websites used for trafficking. All of these sites for just one specific NPS may be based in different countries around the world, making tracking suppliers and the criminal groups that profit from NPS a very difficult and complex task. This task is further complicated as laws and prosecutorial standards vary across countries, with little or no international consensus or cooperative approach. LEA could encounter chemicals in many forms, i. Identification and seizure of NPS at the borders is another crucial step in winning the war on smuggling. Finally, when LEA come across a manufacturing or processing site or bulk quantities of chemicals, they should never forget to be cautious about potential hazards. Drug Enforcement Administration has published safety alerts and procedural protocols are in place in an effort to reduce the risk of harm to LEA worldwide. Frequently, it is not only the on-location law enforcement who do not identify NPS, but often the law enforcement laboratories cannot detect every new substance that is out there. Identification of NPS is difficult in the field and in the laboratory for both solid samples and biological specimens. The biggest challenge, however, is the identification and quantitation of new psychoactive substances in biological matrices within the forensic laboratory, as it is hard to keep up analytically with the fast pace that these substances are altered, mainly due to the constant absence of reference material required for building methods of analysis. Laboratories not able to detect these substances in biological specimens of people involved in legal cases or in the general population could lead to complications in legislative efforts and trend reporting, as well as within research and data gathering. Another challenge is the evaluation of the role of LEA in regard to police operations and seizures in combating NPS smuggling. At this point, it is necessary to note that some subgroups among NPS users present a particular test to LEA policies and procedure. One such group is military personnel. Synthetic cannabinoids have been reported as a preferred drug among United States service members due to the fact that NPS are not detected in drug screens, are falsely believed to be safe, and are cheap and easy to buy. In prisons, NPS use seems to be increasing as these substances are not detected in in-house drug screens or by trained narcotics sniffer dogs. There have been reports associating prison violence with the use of NPS. The NPS phenomenon has severely impeded judicial resolution of drug cases, hindering both the assembly of strong prosecutorial cases and the determination of appropriate sentence recommendations. These legal complications impact crime prevention and undermine public trust in rule-of-law. The development and establishment of legislation flexible enough to monitor and determine which substances fall under the NPS control in a timely manner is the primary challenge to a resolution of this juridical problem. Moreover, not all countries have similar laws for NPS control. This means that judicial cooperation is extremely difficult on a transnational level, when the supply of the substance is not a criminal offense in one of the involved countries. This section will introduce facts and responses from some regions and countries regarding NPS proliferation, demonstrating general regional and international responses and identifying specific problems and actions from around the world. Different categories of NPS are distributed in various countries and regions globally. There is also heterogeneity in legislation and responses. Globally, a wide range of legislative responses have been explored, including generic controls, analogue controls, temporary legislation, specific legislation, import controls and trade restrictions. Approaching from a different direction, the U. Some countries have introduced the total prohibition or blanket ban of NPS, generating a great deal of debate over the impact of unintended consequences. Monitoring is another tool that has been implemented nationally, regionally and globally, providing an increased understanding of the NPS market and its characteristics. The WHO makes an assessment of the particular substance as well as recommendations for control measures. Due to limited initial time to generate such evidence, an interim regulatory regime was established and, with some retail restrictions mainly in labelling , licenses were granted provided no reports of adverse effects had been reported three months prior to the PSA. Ultimately, due to the absence of valid scientific data, and because of the reporting of adverse effects of legally sold NPS and pressure from the media, the interim period ended in October and, by the following May, the sale and possession of all NPS in New Zealand was banned. Europe is the region reporting the highest number of NPS with the highest rate of usage among young people approximately twenty years of age. If sufficient cause for further investigation is determined, the EMCDDA prepares and submits a Risk Assessment Report and the European Commission presents an initiative to the Council of the European Union with a recommendation to place the new substance under control. The new legislation retains a three-step approach to responding to NPS, i. Opioids dominate the illicit drug market in the United States. This opioid market includes internationally controlled substances—most notably heroin—and prescription medicines, as well as synthetic opioids. Since , a newer but similar situation has evolved with fentanyl, novel fentanyl analogues, and other synthetic opioids rising in popularity in the drug market. Unfortunately, not only did this legislation fail to control the NPS market, but an escalation in overdose deaths has been reported. Increased needs for police, medical care, judicial interference and stronger safety nets for the neglected and orphaned who are the collateral damage of the illicit drug market are the unintended result. With the myriad challenges to combating NPS proliferation worldwide, the interests of regional, national, and international communities are best served by a holistic approach. This approach embraces societal and state actors, globally, in order to make real progress toward a solution. Current NPS drug policy and legislation need to be revised as the implementation of existing laws and policies has been unable to effectively contain the expanding market. The overriding challenge remains the creation of legislation effective in limiting the manufacture and proliferation of new substances. Confronting the NPS phenomenon requires meaningful drug policy reform. However, to objectively ascertain the utility of various control options, scientific data are needed and that data is presently limited. Prior to the implementation of new drug policy legislation, gathering and analysis of information must take place globally and cooperatively. All regions and countries involved share increasing concern over how to best respond to the NPS risk. So far, law enforcement agencies, health-care providers, and scientists obtain and investigate data primarily on their own, via surveys and individual research. Timely information collection is further complicated by the dynamic nature of the market and the fact that often users are unaware of the true substances they are using and cannot accurately self-report. All the advantages globalization and technology can provide must be fully and exhaustively exploited in order to form reliable information exchanges on the international level. The value of these platforms emphasizes the importance of continued support for strengthening and expanding these organizations in the effort to combat the spread of NPS. In the identification and reporting of NPS, regional and international cooperation of LEA is fundamental to disrupting supply. More international participation is needed among multiple law enforcement agencies as collaboration has proven a useful and effective tool against the production and supply of NPS. Improved education and sensitization of LEA, as well as first responders and health-care personnel, regarding the NPS market and its changing trends is also inviolable. To augment efforts, aggressive campaigns to inspire public vigilance regarding NPS should be implemented, as well. Every effort to raise public awareness of the risks of NPS regarding both health and legal consequences must be made. Finally, for the collection of precise data, the detection and quantitation of NPS by forensic laboratories is vital. Toxicological findings provide essential information on the quantity and quality of new substances and their properties. Moreover, additional resources must be allocated to development of new analytical techniques for NPS detection, especially in regard to screening biological specimens. Attention has focused lately upon promising screening techniques for detecting multiple NPS substances in hair. It has become clear that globalization, technology, and innovation play key roles in the rapidly expanding NPS phenomenon. Hence, policymakers must bring to bear the all the innovative advantages globalization and technology offer to effectively combat this growing trend. Moreover, it is imperative that reporting of detection, toxicological findings, adverse health effects, incidents, illicit manufacture, trafficking, and consumption of NPS take place upon the global platform. Policymakers, law enforcement agencies, health-care providers and scientists must join forces, working closely and cooperatively to foster mutually beneficial information exchanges and to form common global alliances and approaches. Any effective resolution of the NPS phenomenon mandates a holistic approach. Common political will is key to drug policy reform and innovative legislation is the most likely solution to NPS proliferation. While existing NPS-detection platforms, including those of the European Monitoring Centre for Drugs and Drug Addiction and UNODC, must be utilized and expanded upon for worthwhile sharing of information and expertise, new warning systems should be collaboratively constructed in order to maintain an effective lead on the NPS problem. Without exception, LEA and health-care personnel training must be considered paramount factors in the fight against the spread of NPS and its dire consequences. Subsequently, the relevant ministries that deal with the NPS fallout require the funding necessary to sustain their efforts in the battle. If deterring NPS consumption worldwide fails, the secondary costs will be staggering. Expenditures required to address addiction, adverse health effects and fight consumption-related crimes will far outweigh the investment needed to implement a revised holistic approach based on collaboration. Only collaboration will help policy makers to diminish NPS proliferation worldwide. See also Appendix. Brandt, L. King, and M. Smith, M. Williams, and M. August : 1, doi: Evans-Brown, and R. Smith, and S. King, and A. Winstock, and C. Weaver, J. Hopper, and E. Brandt, et al. A King, and A. Reuter and B. Evans-Brown and R. Marshall European Center for Security Studies. Ziavrou has published her scientific work in several international journals. The George C. Marshall European Center for Security Studies is a leading transatlantic defense educational and security studies institution. It is bilaterally supported by the U. Marshall, by disseminating scholarly essays that contribute to his ideal of ensuring that Europe and Eurasia are democratic, free, undivided, and at peace. Papers selected for this series are meant to identify, discuss, and influence current defense related security issues. The Marshall Center Occasional Paper Series focus is on comparative and interdisciplinary topics, including international security and democratic defense management, defense institution building, civil-military relations, strategy formulation, terrorism studies, defense planning, arms control, stability operations, peacekeeping, crisis management, regional and cooperative security. The Marshall Center Occasional Papers are written by Marshall Center faculty and staff, Marshall Center alumni, or by individual, invited contributors, and are disseminated online and in a paper version. The views expressed in this publication are those of the author s and do not necessarily reflect the official policy or position of the George C. This report is approved for public release; distribution is unlimited. Kalliroi Ziavrou. June , Number The NPS Phenomenon. Dissemination Techniques and Organized Crime Groups. Seized NPS marketed as Spice. Challenges Regarding Legislation. The process of updating the law can take time; some countries require criminal laws to be agreed by parliament, which may take more than a year. However, the speed with which new drugs appear means that as soon as one new psychoactive substance is identified by the authorities and controlled a replacement is often already on the shelves. Entrepreneurs have used the lists in the drug laws simply as exclusions from their potentially vast product range, yet very broad definitions that might control many substances can be so vague that a prosecutor has difficulty proving that distribution was a crime. Adding substances to the list obliges law enforcement to test for those substances, but technical and financial resources for the new tests are not always increased accordingly. Case Studies. New Zealand. European Union EU. In Italy, under consumer safety provisions, national-language labelling standards permitted the seizure of synthetic cannabinoid products. However, following a ruling by the Court of Justice of the European Union CJEU , prosecution of NPS based on medicine laws became more difficult; per this legal instruction, substances are not medicinal products if they do not have beneficial effects on human health. About the Author. Related Information Admissions. Marshall Center Alumni Scholars.