'Legal highs'

The challenge of new psychoactive substances

31 October 2011
Adam Winstock & Chris Wilkins

To date, the approaches to regulation have varied between nations, both with respect to the nature and specificity of the measures taken and their intended outcome. Such diversity appropriately reflects the marked differences in the existing drug use problems and public health approaches to addressing such issues between nations.

This paper aims to set out some of the policy and public health issues raised by the appearance of a wide range of emergent psychoactive substances of diverse origin, effect and risk profile (commonly referred to as ‘legal highs’). It will start by considering what is meant by the term ‘legal highs’ and consider the historical context that has framed their appearance and must inform any response. It will then consider some of the approaches that have been adopted by different nations to control their availability and associated harms, including a preliminary assessment of their consequences, both intended and not.

Key points

  • Evidence shows that alternatives to criminalisation exist that attain many desirable outcomes for governments, whilst minimising the unnecessary consequences of criminalising the individual user.
  • While new psychoactive substances pose a challenge to existing drug control regimes, their appearance provides an opportunity to consider the trial of alternative policy and legislative approaches to drug control.
  • An objective evaluation based upon scientific evidence is required to evaluate the utility of these different control options, as well as their impact on public health outcomes.
  • Policy makers should not only reflect on the unintended consequences of drug prohibition but also the current and historical failures of the adequate regulation of the legal markets for alcohol and tobacco, and for pharmaceuticals.


photo by jim-sf 

Nr 16 -
October 2011
16 pages

Recent publications from Drugs and Democracy

De wankelende ‘Weense consensus’ over drugsbeleid

Nederland is met zijn drugsbeleid in de achterhoede terecht gekomen. Zo zijn Uruguay en de Amerikaanse staten Washington en Colorado, met hun besluit de cannabismarkt van teelt tot gebruik te legaliseren, Nederland voorbijgestreefd.

Between Reality and Abstraction

At the International Conference on Alter­native Development (ICAD), held 15-16 November 2012 in Lima, the Peruvian Government continued to insist on the relevance of “Alternative Development (AD),” with particular emphasis on the so-called San Martín “miracle” or “model.”

The illicit drugs market in the Colombian agrarian context

The distribution of land and its unjust use are the major causes of violence in Colombia. For this reason land issues are the starting point of current peace talks between the Santos government and the FARC guerrillas

Bogotá’s medical care centres for drug addicts

The opening in September 2012 of the first centre for drug addicts in Bogota is a welcome first step towards more humane and effective drug policies in Colombia’s capital city, but to be effective needs to be integrated into proper overall drugs strategy.