Proposal for a COUNCIL IMPLEMENTING DECISION on subjecting the new psychoactive substance N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA) to control measures
Date: 2017-12-18
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU control, drug addiction, drug traffic, health control, health risk, judicial cooperation in criminal matters in the EU, toxicology, tranquiliser

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   EUROPEAN COMMISSION  Brussels, 18.12.2017  COM(2017) 758 final 2017/0341 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION on subjecting the new psychoactive substance N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA) to control measures  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Council Decision 2005/387/JHA on the information exchange, risk-assessment and control of 
new  psychoactive  substances1  provides  for  a  three-step  procedure  that  may  lead  to  the 
submission of a new psychoactive substance to control measures across the Union. 

On  4  July  2017,  a  joint  report  of  the  European  Monitoring  Centre  for  Drugs  and  Drug 
Addiction  (EMCDDA)  and  Europol  drawn  up  in  accordance  with  Article  5  of  Council 
Decision 2005/387/JHA was issued. On 15 September 2017, following the request made by 
the  Commission  and  seven  Member  States  and  pursuant  to  Article  6(1)  of  the  above-
mentioned Council Decision, the Council requested an assessment of the risks caused by the 
use, manufacture and trafficking of the new psychoactive substance N-(1-amino-3-methyl-1-
oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide 
the 
involvement  of  organised  crime  and  the  possible  consequences  of  control  measures 
introduced on this substance. 

(AB-CHMINACA), 

The risks of AB-CHMINACA were assessed by the Scientific Committee of the EMCDDA, 
acting in compliance with the provisions of Article 6(2), (3) and (4) of the Council Decision. 
The  risk  assessment  report  was  submitted  to  the  Commission  and  to  the  Council  on 
14 November 2017. The main results of the risk assessment are the following: 

 

 

AB-CHMINACA is a synthetic cannabinoid. It shows similar effects to THC, which 
is responsible for the major psychoactive effects of cannabis, but with additional life-
threatening  toxicity.  The  high  potency  of  AB-CHMINACA  and  the  large  and 
variable  content  of  the  substance  in  smoking  mixtures  constitute  a  high  risk  of 
poisoning. 

AB-CHMINACA has been available in the European Union since at least April 2014 
and  has  been  detected  in  24  Member  States.  31  deaths  associated  with  AB-
CHMINACA have been reported by six Member States. In at least nine deaths AB-
CHMINACA was the cause of death or is likely to have contributed to the death.   

Pursuant to Article 8(1) of Council Decision 2005/387/JHA, within six weeks from the date of 
receipt  of  the  risk  assessment  report,  the  Commission  shall  present  to  the  Council  either  an 
initiative to subject the new psychoactive substances to control measures across the Union, or 
a report explaining its views on why such an initiative is not deemed necessary. According to 
the judgment of the Court of Justice of 16 April 2015 in Joined Cases C-317/13 and C-679/13, 
the  European  Parliament  must  be  consulted  before  an  act  based  on  Article  8(1)  of  Council 
Decision 2005/387/JHA is adopted.  

Based on the findings of the risk assessment report, the Commission considers that there are 
grounds for subjecting this substance to control measures across the Union. According to the 
risk assessment report, the acute toxicity of AB-CHMINACA is such that it can cause severe 
harms to the health of individuals. 

2. 

OBJECTIVE OF THE PROPOSAL  

The  objective  of  this  proposal  for  a  Council  Implementing  Decision  is  to  call  upon  the 
Member  States  to  subject  AB-CHMINACA  to  control  measures  and  criminal  penalties  as 

1 

OJ L 127, 20.5.2005, p. 32. 

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provided under their legislation by virtue of their obligations under the 1971 United Nations 
Convention on Psychotropic Substances. 

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2017/0341 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

on subjecting the new psychoactive substance N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-
(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA) to control measures 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to Council Decision 2005/387/JHA of 10 May 2005 on information exchange, 
risk-assessment  and  control  of  new  psychoactive  substances2,  and  in  particular  Article  8(3) 
thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Parliament3,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

A risk assessment report on the new psychoactive substance N-(1-amino-3-methyl-1-
oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide  (AB-CHMINACA) 
was  drawn  up  in  compliance  with  Article  6  of  Decision  2005/387/JHA  by  a  special 
session of the extended Scientific Committee of the European Monitoring Centre for 
Drugs  and  Drug  Addiction  (EMCDDA),  and  was  subsequently  submitted  to  the 
Commission and to the Council on 14 November 2017. 

AB-CHMINACA is a synthetic cannabinoid. It shows similar effects to THC, which is 
responsible  for  the  major  psychoactive  effects  of  cannabis,  but  with  additional  life-
threatening toxicity. The high potency of AB-CHMINACA and the large and variable 
content of the substance in smoking mixtures constitute a high risk of poisoning.  

AB-CHMINACA  has  been  available  in  the  Union  since  at  least  April  2014  and  has 
been detected in 24 Member States. Due to the nature of AB-CHMINACA, detections 
are  likely  to  be  under-reported  since  the  substance  is  not  routinely  screened  for.  In 
most cases, the substance was seized as herbal/plant material, but it was also seized in 
powder  form  and  to  a  lesser  extent  in  other  physical  forms  (e.g.  as  liquid  and  as 
blotter). More than 4600 seizures have been made within the European Union.  

31 deaths associated with AB-CHMINACA have been reported by six Member States. 
In  at  least  nine  deaths  AB-CHMINACA  was  the  cause  of  death  or  is  likely  to  have 
contributed  to  the  death.  In  addition,  seven  acute  non-fatal  intoxications  associated 
with  AB-CHMINACA  were  reported  by  four  Member  States.  Due  to  the  nature  of 
AB-CHMINACA,  both  non-fatal  intoxications  and  deaths  are  likely  to  be  under-
detected and under-reported. 

(5) 

There  is  no  specific  information  on  the  involvement  of  organised  crime  in  the 
manufacture,  distribution  (trafficking)  and  supply  of  AB-CHMINACA  within  the 

2 
3 

OJ L 127, 20.5.2005, p. 32. 
OJ C , , p. . 

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(6) 

(7) 

(8) 

(9) 

Union.  The  available  data  suggest  that  AB-CHMINACA  is  produced  by  chemical 
companies based in China.  

AB-CHMINACA is typically sold in small and wholesale amounts branded as "legal-
high"  smoking  mixtures  and  as  powder  in  head  shops  as  well  as  on  the  internet  as 
"legal"  replacements  for  cannabis.  It  may  also  be  sold  directly  on  the  illicit  drug 
market. Because these products rarely state the ingredients, most users will be unaware 
that  they  are  using  synthetic  cannabinoids  in  general  and  AB-CHMINACA  in 
particular.  

AB-CHMINACA  has  no  recognised  human  or  veterinary  medical  use  in  the  Union 
nor, it appears, elsewhere. There are no indications that AB-CHMINACA may be used 
for any other purpose aside from as an analytical reference standard and in scientific 
research. 

The  risk  assessment  report  reveals  that  many  of  the  questions  related  to  AB-
CHMINACA that are posed by the lack of data on the risks to individual health, risks 
to  public  health,  and  social  risks  could  be  answered  through  further  research. 
However, the available evidence and information on the health and social risks that the 
substance poses provides sufficient ground for subjecting AB-CHMINACA to control 
measures across the Union. 

AB-CHMINACA  is  not  listed  for  control  under  the  1961  United  Nations  Single 
Convention  on  Narcotic  Drugs  or  under  the  1971  United  Nations  Convention  on 
Psychotropic  Substances.  The  substance  is  currently  under  assessment  by  the  United 
Nations  system  and  has  been  reviewed  at  the  39th  meeting  of  the  WHO  Expert 
Committee  on  Drug  Dependence  (ECDD)  held  from  6  to  10  November  2017  in 
Geneva. This does not preclude the Union taking a decision to subject the substance to 
control measures. 

(10)  Given  that  18  Member  States  control  AB-CHMINACA  under  national  drug  control 
legislation and three Member States control AB-CHMINACA under other legislation, 
subjecting this  substance  to  control measures across the Union would help avoid  the 
emergence of obstacles in cross-border law enforcement and judicial cooperation, and 
would help protect from the risks that its availability and use can pose. 

(11)  Decision 2005/387/JHA confers implementing powers upon the Council with a view 
to giving a quick and expertise-based response at Union level to the emergence of new 
psychoactive  substances  detected  and  reported  by  the  Member  States,  by  subjecting 
those  substances  to  control  measures  across  the  Union.  As  the  conditions  and 
procedure for triggering the exercise of such implementing powers have been met, an 
implementing  decision  should  be  adopted  in  order  to  subject  AB-CHMINACA  to 
control measures across the Union. 

(12)  Denmark  is  bound  by  Decision  2005/387/JHA  and  is  therefore  taking  part  in  the 

adoption and application of this Decision. 

(13) 

Ireland  is  bound  by  Decision  2005/387/JHA  and  is  therefore  taking  part  in  the 
adoption and application of this Decision. 

(14)  The  United  Kingdom  is  not  bound  by  Decision  2005/387/JHA  and  is  therefore  not 
taking part in the adoption and application of this Decision and is not bound by it or 
subject to its application, 

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HAS ADOPTED THIS DECISION:  

Article 1 

new 

The 
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-
(cyclohexylmethyl)-1H-indazole-3-carboxamide  (AB-CHMINACA)  shall  be  subjected  to 
control measures across the Union. 

psychoactive 

substance 

Article 2 

By [one year from the date this Decision is published] at the latest Member States shall take 
the  necessary  measures,  in  accordance  with  their  national  law,  to  subject  the  new 
psychoactive substance referred to in Article 1 to control measures and criminal penalties, as 
provided  for  under  their  legislation,  in  compliance  with  their  obligations  under  the  1971 
United Nations Convention on Psychotropic Substances. 

Article 3 

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

This Decision shall apply in accordance with the Treaties. 

Done at Brussels, 

For the Council 
The President 

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