This study aimed to explore the current situation of and countermeasures against crimes related to new psychoactive substances. To this end, firstly, we tried to analyze characteristics of the crimes by looking into types of new psychoactive substances, general characteristics of the crimes, characteristics of distribution and specific crimes that the substances were used, how to deal with criminals related to these substances, etc. Secondly, we investigated countermeasures against the crimes related to new psychoactive substances that major countries such as the US, the UK, Japan, and Germany have taken and Korea’s legal, institutional, and practical actions and problems of the crimes. Thirdly, we suggested effective countermeasures against the crimes related to new psychoactive substances based on the results of analysis and investigation.

First, we identified characteristics of the crimes related to new psychoactive substances by comparing the crimes with the ones related to methamphetamine, a representative traditional drug. We investigated the records of criminal investigation and trial records, which have been kept by Seoul Central District Prosecutors’ Office, Incheon District Prosecutors’ Office, Suwon District Prosecutors’ Office, and Busan District Prosecutors’ Office, of the criminals who have been sentenced for recent three years (2014-2016) since they violated the Act on the Control of Narcotics, etc. (psychoactive substances). Total 470 cases (554 persons) including 272 new psychoactive substance cases (327 persons) and 198 traditional cases (227 persons) were the final targets of the investigation. For this study, we categorized the cases into three groups, the crimes related to new psychoactive substances only(new drug group), the crimes related to new substances and other types of drugs(new + other drug group), and the ones related to methamphetamine(or methamphetamine and other drugs)(methamphetamine, etc. group) to understand characteristics of criminals and crimes. Along with this, we considered whether new psychoactive substances were medicines or not for the crimes related to the substances only.
The major results of examining investigation and trial records are as follows.
Firstly, given social and demographic characteristics of the criminals related to new psychoactive substances, females accounted for more than 30% of the criminals, higher than other groups of which proportion is around 10%. Also, the proportion of females (55.3%) especially related to the substances used in medicine among new psychoactive ones was high. By age, the crimes related to new psychoactive substances were committed mostly by young people, who were younger than the criminals who committed crimes related to traditional drugs. In particular, about 80% of the crimes related to non-medicine substances among new psychoactive ones were committed by the persons in their 30s or younger. Considering social and economic characteristics, education level of the new drug group was the highest, followed by the new + other drug group and the methamphetamine, etc. group. Narrowing the scope of the crimes to the ones related to new psychoactive substances, education level of the criminals related to medicines was higher than those who were related to non-medicines. Concerning criminal history, the proportion of criminals without criminal history in the new drug group (59.2%) was higher than others (the proportions of criminals without criminal history in the new + other drug group and the methamphetamine, etc. group were 40.9% and 15.7%, respectively). Also, the proportion of criminals who had committed the same crime in the new drug group was less than 10%, lower than those of the new + other drug group (in the teens) and the methamphetamine, etc. group (60%). The proportion of criminals without criminal history who committed the crimes related to medicines among new psychoactive substances (58.1%) was slightly higher than those who committed crimes related to non-medicines (55.8%). On the other hand, the proportion of the criminals with the same criminal history who committed the crimes related to non-medicines (in the teens) was higher than the one of those who had the same criminal history of medicines (less than 5%).
Secondly, we categorized new psychoactive substances into non-medicines and medicines and grouped them again by their effects. The number of drugs of JWH-018 and its analogues (major effect: hallucination), non-medicines, was 53 and the one of narcotic drugs for stimulation and hallucination such as ecstasy was 51. The numbers of hallucinogens including LSD and isobutyl nitrite (Rush), stimulants such as yaba, and depressants like GHB were 38, 41, and 20, respectively. In total, the number of narcotic drugs among non-medicine substance was 206. There were 91 drugs of which major effect was hallucination and including the drugs for stimulation and hallucination such as ecstasy, the number became 142. In other words, the number is higher, including the drugs of which effect is hallucination or one of effects is hallucination among non-medicines. Meanwhile, the total number of medicines out of new psychoactive substances was 137 and the numbers of medicines such as zolpidem (46), diazepam (22), alprazolam (13), ketamine (12), lorazepam (10), and propofol (10) were relatively high.

Thirdly, we analyzed types of drug-related crimes, how to get or buy narcotic drugs, and awareness of the drugs. For the types of crimes, the proportion of drug use was the highest regardless of group but the one of the new drug group (around 40%) is lower than those of other groups (around 60%). On the other hand, the proportions of drug trade and purchase, and other types of the new drug group were higher than those of other groups. While the proportion of using non-medicine substances among new psychoactive ones was around 60%, the one of using medicines was about 30%. Meanwhile, the proportion of trade and purchase of substances used in medicine was higher than that of non-medicines.
Estimated 36% of the new drug group obtained drugs through domestic and overseas websites, SNS, blogs, and applications, and more than 20% of the group bought drugs from hospitals or pharmacies. On the other hand, those who belonged to the new + other drug group and the methamphetamine, etc. group got or purchased drugs through acquaintances within the country. The proportion of obtaining substances used in medicine through domestic and overseas websites, SNS, blogs, applications, etc. was higher than that of non-medicine substances.
About 38.1% of the new drug group became aware of the drugs through domestic and overseas websites, SNS, blogs, applications, etc. and around 32.0% of the group did since they were medicines. Approximately 42.9% of the new + other drug group got to know the drugs through friends and acquaintances, and 20.0% of the group did through domestic and overseas websites, SNS, blogs, applications, etc. More than a half, 61.8% of the methamphetamine, etc. group learned the drugs through friends and acquaintances but only 7.3% of the group did through domestic and overseas websites, SNS, blogs, applications, etc. Estimated 30% of each group became aware of the drugs through domestic and overseas websites, SNS, blogs, applications, etc. whether the new psychoactive substances were medicines or non-medicines. This shows that the internet is a major tool to acquire information of new drugs.

Fourthly, we investigated characteristics of crimes related to drug distribution including motives for the crime and distribution channels. Pursuit of profits was the biggest motive for the crime regardless of group. Whether new psychoactive substances were medicines or not, the highest number of criminals committed the crimes for making profits irrespective of group but about 14.9 of the criminals who distributed substances used in medicine mistook the substances for pharmaceutical drugs. On the other hand, around 14.8% and 11.1% of the criminals who distributed non-medicines were affected by other people’s recommendation or lure, and their curiosity, respectively. Given distribution channels, the highest proportion of criminals in the new drug group, approximately 67.9%, distributed the drugs through websites, SNS, blogs, applications, etc. and estimated 21.4% of the criminals did through friends and acquaintances. Meanwhile, almost 60~70% of the new + other drug group and the methamphetamine, etc. group distributed the drugs through friends and acquaintances. While the proportion of distributing new psychoactive substances used in medicine through websites, SNS, blogs, applications, etc. was 76.3%, the one of distribution through friends or acquaintances was 15.8%. For non-medicines, on the contrary, more than a half, about 51.6% of the concerned criminals distributed them through friends or acquaintances and 35.5% of them did through websites, SNS, blogs, applications, etc.

Fifthly, we looked specifically into motives for the crime using the drugs. Many of the new drug group used the drugs out of curiosity or simply mistook the drugs for medicines, driven by different motives. Those who belonged to the new + other drug group committed the crime mainly due to their curiosity and acquaintances’ recommendation or lure. Meanwhile, the highest proportion of the methamphetamine, etc. group committed the crime because of recommendation or lure of acquaintances unlike other groups. Considering motives for the crime depending on whether new psychoactive substances were medicines or not, while many people using medicine types mistook them for pharmaceutical drugs (in other words, they used the drugs without recognizing that they were narcotic drugs) or used them for treatment or going on a diet, etc. those who used non-medicine substances did out of curiosity, due to acquaintances’ recommendation, or for pleasure, in many cases.

Sixthly, we examined characteristics of arrest of drug-related criminals. Regarding how each group was exposed, many of the new drug group were exposed through arrest of smugglers and the proportion of criminals exposed through online monitoring or external information in the group was higher than those of other groups. In the new + other drug group and the methamphetamine, etc. group, the proportion of criminals exposed through arrest of (other) abusers was the highest. Also, the cases exposed through arrest of (other) abusers and smugglers accounted for more than a half of each group, which shows that many cases were exposed with the use of networks of drug-related people. Given that new psychoactive substances were medicines or not, the highest number of the criminals related to medicine types were exposed through arrest of smugglers and as many as a quarter of the criminals were uncovered via online monitoring. In case of non-medicines, the proportions of the criminals exposed owing to external information and (other) abusers, and arrest of smugglers were around 20% each.

Next, we studied each country’s legislation and policies of crimes related to new psychoactive substances. First of all, the UK has the generic system along with the system to designate certain drugs as temporary class drugs but the government realized that having the designation system only was not enough to respond to continuous emergence of new psychoactive substances and their rapid distribution. Accordingly, the UK government legislated the Psychoactive Substances Act in 2016 to ban the substances comprehensively. However, this pre-emptive legislation has been significantly criticized since enactment especially because of definition of the concepts such as ‘new’ and some people have concerns that a comprehensive ban will lead to loss of a practical power of rule. In that sense, in Korea, it is required to consider the principle of proportion when deciding the scope of legislation even though such a pre-emptive legislation is considered necessary.
Besides, the UK’s practical measures specialized in new psychoactive substances are particularly significant compared to its other countermeasures against the substances. Since 2010, various reports and research materials which place new psychoactive substances under a separate category have been accumulated mainly by the Home Office and they have functioned as specific evidence for establishing practical policies of the substances. Also, the Home Office’s early system to identify new substances which have not been reported globally plays an important role of blocking distribution of the substances in an early stage.
Regarding treatment of users, the UK’s efforts such as the NEPTUNE project to draw up the guideline and checklists for treating users of new psychoactive substances and introduce them to clinical trials, different from general drug treatment programs, are effective for users exposed to new types of drugs.
In the US, the globally largest supplier and consumer of new psychoactive substances along with the UK, the system to designate drugs as temporary class drugs and the analogue system as part of the legal system, the early system for blocking distribution, and the roles of the Drug Enforcement Administration for investigation and crackdown are essential. Meanwhile, the US Drug Enforcement Administration which has stronger power than such organizations of other countries proactively takes measures against new psychoactive substances with ownership as a leading organization demonstrating how the US copes with drug-related crimes. In addition, the systems such as the National Forensic Information System of the Administration or the National Drug Early Warning System of the US Department of Health and Human Services to consistently investigate and analyze the trends of drug distribution and provide the information for relevant organizations are known to be practical for rooting out new psychoactive substances in an early stage.
Germany also is proactively implementing policies to control crimes related to new psychoactive substances as the government accurately recognizes severity of the crimes. For instance, it legislated the New Psychoactive Substances Act to comprehensively regulate the substances such as phenethylamine and synthetic cannabinoids. However, if a new substance is regulated under the Drug Act, the Drug Act takes precedence over the New Psychoactive Substances Act. In addition, the Drug Act stipulates the temporary class drug system to swiftly change controlled drugs by amending supplementary provisions with a legal order without the consent of the Bundesrat. The drugs designated as temporary class drugs are in the state for one year and they go through the assessment process same as other designated drugs.
In Germany, the Federal Ministry of Health deals with new psychoactive substances and politicians are appointed as federal drug officers to control drug-related tasks, which is unique. Federal drug officers publish the [Report on Drugs and Addiction]every year and lead diverse campaigns.
The Federal and State Criminal Investigation Offices and the German Customs Investigation Bureau cooperate with each other to investigate cases related to new psychoactive substances and diverse systems for mutual assistance among European countries are worthy of attention. European countries are striving to prevent spread of new psychoactive substances for cooperative investigation, and figure out propensity to use drugs and develop countermeasures through joint research as well as to implement the early detection system to ly identify new psychoactive substances.
Japan imposes stern punishments for new psychoactive substances and designated drugs by identifying drug information swiftly and accurately and cracking down on the drugs based on the network of relevant organizations including the police and the drug crackdown team (the special judicial police) under the Ministry of Health, Labor, and Welfare.
Especially for regulating dangerous drugs which had not been controlled in Japan, introducing the drug designation system played an important role. Before introducing the system, if a drug of generally distributed ones had been considered dangerous, the drug had gone through the dependability uation and been designated as narcotics to control spread of its distribution. However, the number of new drugs has been dramatically increasing so the drug designation system was introduced to deter drug distribution first prior to designating the drugs as narcotics. The heart of the system is ly regulating dangerous drugs based on scientific data of hazards of drugs affecting the human central nervous system to cause hallucination and stimulation. Therefore, in March of 2013, Japan launched the ‘comprehensive designation’ system to combine substances which contain common chemical structures to add them to designated drugs to swiftly respond to the current situation where dangerous drugs including new uncontrolled ones emerge.
This study suggested effective control policies of crimes related to new psychoactive substances based on the results of investigating characteristics of the crimes and examining major countries’ policies to control new substances. In detail, we proposed to categorize new psychoactive substances, generate relevant data, regularly investigate crimes related to the substances, and carry out research proactively to lay out the foundation for implementing the policies to control the crimes. Additionally, we recommended to strengthen monitoring of new psychoactive substances, develop the techniques to analyze and test for discovering the substances, and operate the system of designating temporary class drugs efficiently to control the substances. Lastly, we provided the solution to efficiently control crimes related to new psychoactive substances by dividing the crimes into the crimes of distribution and the ones of drug use.