Slovakia to Speed Up Ban on New Psychoactive Substances

The Slovak Ministry of Health is taking proactive steps to bolster public health and safety by introducing a new legislative framework aimed at faster and more systematic classification of new psychoactive substances (NPS). The proposed "Act on New Psychoactive Substances," currently undergoing inter-ministerial review, seeks to establish a dedicated and cohesive legal structure to control NPS, their groups, and substances mimicking narcotics and psychotropic drugs. This initiative reflects a growing concern across Europe about the rapid evolution of the illicit drug market and the challenges it poses to public health.

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The aim of the draft law is to create a separate and cohesive legal framework for the control of new psychoactive substances, groups of new psychoactive substances, and substances imitating narcotic drugs and psychotropic substances, which will enable a rapid and flexible response to the dynamic development on the drug market and contribute to the protection of public health and safety of the citizens of the Slovak Republic.

From a Slovak perspective, this legislation is crucial for maintaining control over substances that pose significant health risks. The ministry highlighted that the goal is to "create a separate and cohesive legal framework for the control of new psychoactive substances... which will enable a rapid and flexible response to the dynamic development on the drug market and contribute to the protection of public health and safety of the citizens of the Slovak Republic." The proposed law intends to implement a complete ban on any manipulation involving NPS, including production, possession, import, export, sale, offering, advertising, and other forms of dealing. This comprehensive approach aims to disrupt the entire supply chain and reduce the availability of these dangerous substances.

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The proposed legal regulation concerns several groups of substances, especially stimulants, substances mimicking the effects of cannabis, sedatives related to benzodiazepines, and other chemical compounds.

The new act will be based on a "generic model," allowing for the classification of entire groups of substances rather than individual compounds, which is essential given the continuous emergence of new NPS. Exceptions will be made for research, expert activities, and official duties. Significantly, the legislation introduces the concept of a "suspicious substance," enabling authorities to intervene more swiftly based on reasonable suspicion, even before a full expert assessment is completed. This proactive measure, informed by analyses from the Presidium of the Police Force and experiences from other EU member states and V4 cooperation, is designed to allow for operational responses at the earliest possible stage. The law is slated to take effect on January 1, 2027, providing a clear timeline for implementation.

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The introduction of this concept, according to the ministry, will allow for operational response already at the stage of reasonable suspicion, without the need for its prior complete expert assessment.