Proposal to schedule AP-237 synthetic opioids

Summary#

Health Canada is proposing to add 2-methyl-AP-237 and related synthetic opioids (including AP-237, para-methyl-AP-237, and AP-238) to Schedule I of the Controlled Drugs and Substances Act and to the Schedule to the Narcotic Control Regulations. This is a notice asking for public comment (published August 26, 2023) and the agency is taking comments for 30 days after publication.

What it does#

• Proposes a new Schedule I listing naming AP-237 and “its salts, derivatives and analogues and salts of derivatives and analogues,” specifically calling out:
  • 2-methyl-AP-237
  • para-methyl-AP-237
  • AP-238
• If the proposal becomes law, the possession, trafficking, possession for the purpose of trafficking, importation, exportation, and production of those substances would be prohibited in Canada unless someone has a Health Canada authorization (for example, a licence or exemption).
• Notes the international context: the World Health Organization Expert Committee on Drug Dependence (WHO ECDD) issued a critical review in October 2022, and the United Nations Commission on Narcotic Drugs voted to control 2-methyl-AP-237 in March 2023. Canada is moving to align domestic controls with those international steps.
• Invites written comments from the public and stakeholders during the 30-day comment period following the notice.

Who's affected#

• People who possess, import, export, produce or traffic these substances — those activities would become prohibited without authorization.
• Laboratories, researchers and forensic analysts who work with seized samples or study these chemicals — they would need a licence or exemption from Health Canada to handle them legally.
• Law enforcement and border agencies (for example, Canada Border Services Agency) and public health bodies, because these substances have been intercepted and analyzed in Canada.
• It is unclear whether any commercial or medical users in Canada would be affected; Health Canada says there are no known legitimate industrial, commercial or medical uses in Canada. (Note: AP-237 has been used medically in China, according to the notice.)

Why it matters#

• Scheduling would make it a criminal offence to possess or move these substances without authorization. That can reduce availability in the illegal market and give police and border agencies clearer tools to act.
• The substances are synthetic opioids. Animal studies show effects similar to other opioids, so there are public health and overdose risks if they circulate in the drug supply.
• Health Canada detected only 2-methyl-AP-237 in Canada so far: 3 packages intercepted by Canada Border Services Agency between 2018 and March 2023, and 31 seized samples identified by Health Canada’s Drug Analysis Service between 2019 and March 2023. That presence supports the case for control, but the overall domestic prevalence is still limited.
• This is a proposal, not final law. Interested people and groups can comment during the 30-day period following publication.