CrimeNews

Reality check on its way for ‘legal high’ users – Boksburg court warns

Offenders can be fined or imprisoned for up to 10 years.

Synthetic drugs sold under names such as “Black Bull”, “Ubsuka Bonke” “Wiz”, “Herbal Blend” and “Spice” can land you in jail warns Boksburg’s senior prosecutor, Henk Strydom.

“There is a misconception that these substances are legal and, therefore, not prohibited or controlled by law, but this is not true as these products are in contravention of the Medicine and Related Substances Act.”

Strydom said these products are mostly sold at adult shops and can also be found at garage shops, openly on display and for sale.

“Several adult shops in Boksburg are selling these substances and we are also aware of it being sold at local garage shops,” he said.

He said the SAPS’ Forensic Science Laboratory recently tested nine sachets each containing two capsules of Black Bull, 12 sachets each containing two capsules of Ubsuka Bonke, eight sachets each containing a capsule marked Wiz, 40 sachets each containing plant material marked Herbal Blend (vanilla, rum, passion fruit) and nine sachets with plant material marked Spice.

  • Licences

The analysis determined that all of these products contain Schedule 4 or Schedule 7 substances listed in the Act, or were homologues of listed substances.

A homologue is any chemically-related substance that incorporates a structural fragment into its structure that is similar to the structure of a listed substance and/or which exhibits pharmacodynamic properties similar to a listed substance.

Wiz, for example, was found to contain 4-chloromethcathinone, a homologue of a listed substance in Schedule 7 of the Act of 1965, as well as Schedule 2 Part lll of the Drug and Drug Trafficking Act, Act 140 of 1992.

The SAPS Forensic Science Laboratory concluded that the materials submitted for testing all contain substances that contravene the above-mentioned acts.

The report reads: “Import and sale of Schedule 4 substances may only occur with the relevant licences and regulations for pharmacists under the Medicine and Related Substances Act, Act 101 of 1965. No possession or sale of Schedule 7 substances is permitted and any sale or possession of substances listed in Schedule 2 Part lll of the Drug and Drug Trafficking Act, Act 140 of 1992, may constitute dealing in “undesirable dependence-producing substances”.

Local police services and courts have been prompted to prioritise the investigation of the sale of these substances under the aforementioned trade names/packaging, as well as any other similar products, and proceed with seizures and arrests for the contravention of the relevant acts.

Anyone found in contravention can be charged under the Medicine Control Act for the possession, use, acquisition, manufacture or supply of Schedule 7 or Schedule 8 substances without a permit.

“Boksburg police stations have indicated they will start policing this in the immediate future.

“So, be warned – anyone who is selling, distributing, importing, using, advertising or in possession of these substances – that this is a criminal offence,” Strydom said.

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