Reversing the onus of proof

The saying "there's no smoke without fire" increasingly appears to be the case in relation to the synthetic cannabis product K2. In the past 10 days, several people who have used the product (which mimics the effects of tetrahydrocannabinol, or THC, the psychoactive constituent of the cannabis plant) have voiced concerns over it following frightening experiences.

On Monday, four University of Otago flatmates said they would never use K2 again after 10 people playing games at their flat tried it for the first time. After reportedly only one puff of the product, several of the group vomited, some reported hallucinations, police were called and two visiting men were hospitalised temporarily after becoming aggressive and distressed.

"I felt like I was in another world. I thought I was going to be like that forever. It shouldn't be legal," one of the flatmates said.

The incident came only a week after an 18-year old female, who had been using K2 for a year, contacted this newspaper to warn about its dangers following a manic episode in which she battered her own face and was also hospitalised.

"I was possessed by a demon ... I started screaming so loudly that I did not even recognise my own voice ... this is is horrendous stuff," the teenager said.

Police said they were witnessing an increase in incidents involving the product. Users were behaving erratically, aggressively and out of character and police warned people could not only face serious charges for any crimes committed while under its influence, but were potentially "putting their lives at risk" by smoking K2.

Last month, Southern police visited K2 retailers and asked them to remove it from their shelves, but some business owners said they would continue to sell K2 until it was declared illegal.

The first temporary bans on synthetic cannabis substances, issued a year ago, were rolled over in August for 12 months. The Government had put 28 substances under temporary class drug notices, removing more than 50 synthetic cannabis products from the market, and was reviewing similar products as they were identified - including K2 - before a signalled law change.

Details of the change came yesterday, and once implemented next year will no doubt be greeted with relief by police, health workers, worried parents and teachers and some K2 users themselves, given the horror stories.

In announcing details of the permanent psychoactive substances regime, Associate Health Minister Peter Dunne said he made "no apologies for setting the bar high on public safety". The regime would be "based on reversing the onus of proof so those who profit from these products will have to prove they are as safe as is possible for psychoactive substances" and would mean the Government would "no longer play the cat-and-mouse game of constantly chasing down substances after they are on the market".

Under the new rules, legal high manufacturers will face estimated $180,000 application fees plus $1 million to $2 million in testing costs for each product. There will be a minimum purchase age of 18 for products, point-of-sale advertising only, labelling and packaging requirements, and dairies will be barred from selling the products. Penalties will include up to eight years in prison for people found to be manufacturing or selling banned substances, and a $300 fine for personal possession of an unapproved product.

Of course, there will be those who argue outlawing the products will not necessarily stop their manufacture or use altogether.

After all, history shows no amount of legislation will stop people - particularly youth - from experimenting with mind-altering substances, and where there is money to made, there will always be a market for manufacturers and suppliers.

And until the legislation comes into force, K2 remains legally available. The long-term effects of synthetic cannabis products - which are often far more potent than cannabis - are unknown. So, in the vacuum ahead of the law change, along with personal choice comes moral responsibility.

Retailers should examine their consciences over the issue - particularly as products such as K2 are obviously being used by young people and clearly have unpredictable and potentially dangerous and harmful results, even in small amounts.