Controls for AP-237 and 4-piperidone

Summary#

The Order Amending Schedules I and VI to the Controlled Drugs and Substances Act (Synthetic Opioids and Emerging Fentanyl Precursors) adds a new family of synthetic opioids and expands the list of fentanyl precursors that are tightly controlled in Canada. The Order was published in the Canada Gazette on June 5, 2024; most of it takes effect on publication, and the change for fentanyl precursors comes into force on the 90th day after publication.

What it does#

• Adds AP-237 and related substances to Schedule I of the Controlled Drugs and Substances Act. Examples listed include:
  • 2-methyl-AP-237
  • para-methyl-AP-237
  • AP-238
• Expands the listing for 4-piperidone in Schedule VI of the Controlled Drugs and Substances Act to cover its salts, derivatives and analogues. Examples listed include:
  • 1-boc-4-piperidone
  • 3-methyl-4-piperidone
  • 1-benzyl-4-piperidone
• Makes matching updates to the rules that govern narcotics and precursors (so licences, permits and record-keeping rules apply to these substances).
• Timing:
  • Most changes take effect on publication in the Canada Gazette (June 5, 2024).
  • The expanded listing for 4-piperidone comes into force on the 90th day after publication.

Who's affected#

• Law enforcement and border agents such as the Canada Border Services Agency (CBSA).
• Health Canada and federal forensic labs that regulate or test controlled substances.
• Licensed dealers and businesses that work with these chemicals. Health Canada estimated:
  • total incremental cost to affected businesses of $13,911 (present value) or $1,981 (annualized), and
  • costs to small businesses totaling $4,497 (present value) or $640 (annualized); estimated cost per affected small business $1,124 (present value) or $160 (annualized).
• Researchers and forensic analysts who use these substances as reference standards. They can continue legitimate work but may need licences, permits, or exemptions from Health Canada.
• People who use drugs and communities affected by the overdose crisis. The Order is aimed at disrupting illegal supply chains, though it does not directly change health or treatment services.

If it’s unclear: the document says some of these chemicals have already been detected at the border and in seized samples, but it does not give a full picture of how widely they are used in illegal production in Canada.

Why it matters#

• It gives police and border officials clearer legal tools to stop the import, manufacture and sale of newly identified synthetic opioids and fentanyl precursors.
• The measures aim to reduce the supply of highly dangerous drugs linked to overdose deaths. From January 2016 to September 2023 there were 42,494 apparent opioid toxicity deaths in Canada, and fentanyl was involved in 82% of accidental opioid deaths from January to September 2023.
• The changes let Canada meet international obligations under the 1961 Single Convention and the 1988 Convention, which called for these substances to be controlled.
• There will be a small regulatory and paperwork burden for a few businesses and labs that use these chemicals legitimately. Those activities can continue after applying for licences, permits, or exemptions from Health Canada.