Government response to the third addendum to the ACMD's report on 2-benzyl benzimidazole and piperidine benzimidazolone opioids, 21 March 2024
Updated 8 November 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/acmd-advice-on-2-benzyl-benzimidazole-and-piperidine-benzimidazolone-opioids/government-response-to-the-third-addendum-to-the-acmds-report-on-2-benzyl-benzimidazole-and-piperidine-benzimidazolone-opioids-21-march-2024
Rt Hon Chris Philp MP
Minister of State for Crime, Policing and Fire
2 Marsham Street
London
SW1P 4DF
Professor Owen Bowden-Jones,
Chair, Advisory Council on the Misuse of Drugs (ACMD)
Professor Simon Thomas
Chair, ACMD NPS Committee
C/o 1st Floor,
Peel Building
2 Marsham Street
London
SW1P 4DF
21 March 2024
Dear Owen and Simon,
The government response to the ACMD’s third addendum to its report on the use and harms of 2-benzyl benzimidazole (‘nitazenes’) and piperidine benzimidazolone (‘brorphine-like’) opioids.
I am grateful to the Advisory Council on the Misuse of Drugs (ACMD), especially the Novel Psychoactive Substances Committee, for providing the third addendum to its advice on the use and harms of 2-benzyl benzimidazole (‘nitazenes’) and piperidine benzimidazolone (‘brorphine-like’) opioids.
In February 2023, I accepted recommendation 3 of the original report to consult relevant interested stakeholders on the introduction of a generic definition for nitazenes, following which legislation would be brought forward to control them under the Misuse of Drugs Act 1971, the Misuse of Drugs Regulations 2001 and the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015.
This addendum included an update to recommendation 3, which is set out below:
Updated recommendation 3
The ACMD recommends that a consultation should be undertaken with stakeholders, including academia and the chemical and pharmaceutical industries on the introduction of a generic control on 2- benzyl benzimidazole variants, as new examples may be encountered and could present a serious risk of harm. Following this consultation, materials covered by the generic should be added to Class A of the Misuse of Drugs Act 1971, consistent with the classification of other potent opioids and other nitazenes. As these materials have no medical use, it is recommended that they should be placed in Schedule 1 of the Misuse of Drugs Regulations 2001 (as amended) and the Misuse of Drugs (Designation) (England, Wales, and Scotland) Order 2015, Northern Ireland 2001.
The proposed wording for the generic for addition to the Misuse of Drugs Act is as follows:
Any compound (not being a compound for the time being specified in paragraph (a) above) structurally derived from 2-(2-benzyl-benzimidazol-1-yl) ethanamine by modification in any of the following ways, that is to say [amended text indicated by square brackets]:
i) By substitution at the nitrogen of the ethanamine to any extent by alkyl substituents containing up to three carbon atoms or alkenyl substituents containing up to three carbon atoms or by inclusion of the nitrogen atom (and no other atoms of the side chain) in a cyclic structure.
ii) By substitution in the phenyl ring of the benzyl system to any extent by alkyl [or haloalykl] containing up to [six] carbon atoms, alkoxy [or haloalkoxy] containing up to [five] carbon atoms, acetyloxy, hydroxy, cyano, halogen, thioalkyl containing up to [five] carbon atoms or alkylsulphonyl containing up to [five] carbon atoms.
iii) By substitution at the 5- or 6- positions of the benzimidazole system by nitro, acetyl, cyano, methoxy, trifluoromethyl, [trifluoromethoxy] or halogen substituents.
iv) By substitution at the benzylic carbon by a methyl group.
v) By replacement of the benzylic carbon by a nitrogen, oxygen or sulphur atom.
vi) [By substitution in the phenyl ring of the benzyl system by an ethoxy group linked back to the phenyl ring to form a dihydrobenzofuran structure].
These modifications are subject to a maximum molecular mass of any derived compound of 500 atomic mass units.
I formally accept this update to recommendation 3 and thank the ACMD for their continued vigilance in identifying new dangerous or otherwise harmful substances and providing advice accordingly. We are consulting key stakeholders as recommended.
As always, I remain extremely grateful for the expertise and timely reports provided by the ACMD to ensure that we continue to enact the appropriate control for dangerous or otherwise harmful substances.
Yours sincerely,
[Signed]
Rt Hon Chris Philp MP
Minister of State for Crime, Policing and Fire