Proposal for a COUNCIL DECISION On submitting 4-methylmethcathinone (mephedrone) to control measures
Date: 2010-10-20
Institutions: European Commission
Subjects: exchange of information, narcotic, new product, public health

EN 

EN 

   EN 

 
EUROPEAN COMMISSION 

Brussels, 20.10.2010 
COM(2010) 583 final 

2010/0293 (NLE) 

Proposal for a 

COUNCIL DECISION 

On submitting 4-methylmethcathinone (mephedrone) to control measures 

EN 

   EN 

 
 
  
EXPLANATORY MEMORANDUM 

The  Council  Decision  2005/387/JHA1  on  the  information  exchange,  risk-assessment  and 
control of new psychoactive substances provides for a three-step procedure that may lead to 
put a new psychoactive substance under control in the EU. 

Following  the  provisions  set  out  in  the  Council  Decision,  on  26  May  2010  the  Council 
requested  a  risk  assessment  on 
the  psychoactive  substance  4-methylmethcathinone 
(mephedrone)  to  be  carried  out  by  the  extended  Scientific  Committee  of  the  European 
Monitoring Centre for Drugs and Drug Addiction (EMCDDA).  

The main results of the risk assessment are: 

(1)  Mephedrone  is  a  synthetic  cathinone  whose  physical  effects  can  be  compared  to  the 
ones  produced  by  ecstasy  (MDMA)  or  cocaine.  As  such,  it  can  be  an  attractive 
alternative for those seeking stimulant psychoactive effects for recreational purposes.  

(2) 

Acute  health  problems  related  to  the  use  of  mephedrone  can  occur  and  it  has  a 
potential to cause dependency. Two fatalities have been reported in the EU in which 
mephedrone  appears  to  be  the  sole  cause  of  death.  In  addition,  there  are  at  least 
another  37  deaths  in  the  UK  and  Ireland  in  which  mephedrone  has  been  detected  in 
post-mortem samples. 

(3)  Mephedrone  has  no  established  or  acknowledged  medical  value.  There  are  no 

indications that it may be used for any other legitimate purposes. 

According  to  Article  8  (1)  of  the  Council  Decision,  the  Commission  shall  present  to  the 
Council an initiative to have the new psychoactive substance subjected to control measures, or 
a  report  justifying  why  this  is  not  necessary,  within  six  weeks  from  the  date  on  which  it 
receives the Risk Assessment Report.  

Although the conclusive scientific evidence concerning the overall risks of mephedrone is still 
limited at this stage, a prudent approach should be appropriate.  

The objective of this proposal for a Council Decision is to call upon Member States to submit 
mephedrone to control measures and criminal penalties as provided under their legislation by 
virtue  of  their  obligations  under  the  1971  United  Nations  Convention  on  Psychotropic 
Substances.  

The Commission is requested:  

–  to adopt the attached proposal for a Council Decision and 

–  to transmit it to the European Parliament, to the Council and to the National Parliaments, 

for information. 

1 

OJ L 127, 20.5.2005, p. 32. 

EN 

2 

   EN 

                                                 
2010/0293 (NLE) 

Proposal for a 

COUNCIL DECISION 

On submitting 4-methylmethcathinone (mephedrone) to control measures 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having  regard  to  the  Decision  2005/387/JHA  of  10  May  2005  on  the  information  exchange,  risk-
assessment and control of new psychoactive substances2, and in particular Article 8 (1) thereof,  

Having regard to the initiative of the Commission, 

Whereas: 

(1) 

A  Risk  Assessment  Report  on  mephedrone  was  drawn  up  on  the  basis  of  Article  6  of  the 
Council Decision 2005/387/JHA by a special session of the extended Scientific Committee of 
the European Monitoring Centre for Drugs and Drug Addiction and was subsequently received 
by the Commission on 3 August 2010.  

(2)  Mephedrone is a synthetic cathinone which is legally produced and distributed in Asia mainly, 
while final packaging seems to occur in Europe. Mephedrone is mostly sold as powder, but also 
as capsules or tablets. It is commercially available on the internet, from "head shops" and from 
street-level dealers. On the internet, mephedrone is often marketed as "plant food", "bath salt", 
or "research chemical". It is very rarely marketed as a "legal high" (licit psychoactive substance) 
and  usually  there  is  no  reference  or  concrete  information  about  its  potential  psychoactive 
effects. 

(3)  Mephedrone's specific effects are difficult to assess because it is primarily used in combination 
with  substances  like  alcohol  and  other  stimulants.  Mephedrone  is  deemed  to  have  similar 
physical effects to other stimulant drugs, in particular ecstasy (MDMA). However, its relatively 
short  duration  of  action,  leading  to  repeated  dosing,  is  more  analogous  to  cocaine.  Some 
evidence  suggests  that  it  may  be  used  as  an  alternative  to  illicit  stimulants,  that  it  has  a  high 
abuse liability and a potential to cause dependency. More in depth studies would be required to 
explore in detail the dependence potential of this drug. 

(4) 

There are two reported fatalities in the European Union in which mephedrone appears to be the 
sole cause of death. There are at least another 37 deaths in which mephedrone has been detected 
in post-mortem samples. 

2 

OJ L 127, 20.5.2005, p. 32. 

EN 

3 

   EN 

                                                 
(5) 

Twenty two Member States have reported seizures of mephedrone in powder or tablets. There is 
little information that may suggest large-scale processing or distribution of mephedrone and the 
involvement  of  organised  crime.  Some  evidence  suggests  that  where  mephedrone  has  been 
controlled, the drug continues to be available on the illicit market. 

(6)  Mephedrone has no established or acknowledged medical value or use in the European Union 

and there is no indication that it may be used for any other legitimate purposes. 

(7)  Mephedrone is currently not under assessment and has not been under assessment by the United 
Nations  system.  Eleven  Member  States  control  mephedrone  under  drug  control  legislation  by 
virtue  of  their  obligations  under  the  1971  United  Nations  Convention  on  Psychotropic 
Substances. Two Member States apply control measures to mephedrone under their medicines 
legislation.  

(8) 

The Risk Assessment reveals limited scientific evidence and points out that further studies are 
needed on the overall health and social risks of mephedrone. However, because of its stimulant 
properties, ability to produce dependence in users, its potential attractiveness, risk to health, the 
lack  of  medical  benefits,  and  therefore  the  need  to  apply  precaution,  mephedrone  should  be 
controlled.  

(9) 

Since eleven Member States already control mephedrone, placing it under control across the EU 
may help avoid problems in cross-border law enforcement and judicial cooperation. 

HAS ADOPTED THIS DECISION:  

Article 1 

Member States shall take the necessary measures, in accordance with their national law, to submit 4-
methylmethcathinone (mephedrone) to control measures and criminal penalties as provided for under 
their  legislation  by  virtue  of  their  obligations  under  the  1971  United  Nations  Convention  on 
Psychotropic Substances. 

Article 2 

This Decision shall enter into force on the day following that of its publication in the Official Journal 
of the European Union.] 

Done at […], 

For the Council 
The President 

EN 

4 

   EN