Journal of Geography, Politics and Society

2019, 9(2), 10–19
https://doi.org/10.26881/jpgs.2019.2.02

SimilaritieS and differenceS in chanGinG nPS market
brouGht by new reGulatory aPProacheS in Selected
eaStern and central euroPean StateS with moStly focuS
on Poland and latVia

Artur Malczewski (1), Agnese Zīle-Veisberga (2)

(1) National Bureau for Drug Prevention, Reitox Focal Point EMCDDA, 52/54 Dereniowa, 02-776 Warsaw, Poland,.
e-mail: artur.malczewski@kbpn.gov.pl (corresponding author)
(2) Agnese Zile-Veisberga Sectoral Policy Department Ministry of the Interior of Latvia, Čiekurkalna 1.līnija 1 k-2, Riga, Latvia ,
e-mail: agnese.veisberga@iem.gov.lv

citation
Malczewski A., Zīle-Veisberga A., 2019, Similarities and differences in changing NPS market brought by new regulatory ap-
proaches in selected Eastern and Central European states with mostly focus on Poland and Latvia, Journal of Geography, Politics
and Society, 9(2), 10–19.

abstract
The main objective of the paper is to explain, compare and conclude the effect on the new psychoactive substances (NPS)
market brought by new and innovative responses to regulate the NPS (mostly between 2010 and 2014) in Estonia, Latvia,
Lithuania, Poland, the Czech Republic, Hungary, and Romania. Countries where NPS problem reached the peak, the traditional
response or simply substance scheduling did not work. Since the NPS do not fall under market regulations, also the response to
the problem was innovative stepping out of the existing system (for example, temporary prohibition in Poland, Latvia). Moreo-
ver, a political and social pressure has been a factor to speed up the development of new regulations, sometime affecting the
quality. Seemingly harsh sanctions and immediate reaction are main elements to close the NPS street shops. Meanwhile this
approach hasn’t caused a step back for chemical industry or science. Still is open question if national regulations against NPS
market are fully enough. NPS market reacts very quickly for changing and only very strong and fast reaction from the institu-
tional level seems to be effectiveness. Although NPS market differs in each country, study shows that harsh sanctions such as
criminal liability and immediate reaction significantly decrease the availability of NPS, and thus contribute in decreasing acute
health problems and prevalence. It was observed that at the time when stricter measure came into force, hospital emergencies
were increased (Poland, Romania and in same extent Latvia).

key words
New Psychoactive Substances, Law on New Psychoactive Substances, post-communist countries

received: 11 May 2018 accepted: 04 April 2019 Published: 30 June 2019

Similarities and differences in changing NPS market… 11

1. introduction

The study focuses on various regulatory approaches
introduced (mostly between 2010 and 2014) in Esto-
nia, Latvia, Lithuania, Poland, Czech Republic, Hun-
gary, and Romania, with a more in-depth research
on situations in Latvia and Poland. The main objec-
tive is to explain, compare and conclude the effect
on the new psychoactive substances (NPS) market
brought by new and innovative responses to regu-
late the NPS. The first result of the study was present-
ed on the annual conference of International Society
for the Study of Drug Policy on May 2016 in Sydney.
The subject of the study is the NPS market – a place
where seller meets buyer and exchange their goods.
To acknowledge the changes in the NPS market, dif-
ferent qualitative and quantitative data were used,
e.g. NPS seizure data, data on hospital emergencies,
surveys on prevalence, and interviews with field ex-
perts on demand and supply side and policy makers.

NPS became a major problem for the drug con-
trol systems as the NPS market was developing rap-
idly and offering increasingly more new substances.
The number of NPS identified under the EU Early
Warning System increased from 41 (in 2010) to 101
(in 2014) (European…, 2015 Monitoring Centre for
Drugs and Drug Addiction, 2015). Moreover, the NPS
sold might have contained other substances than
the ones reported by the vendors (Brunt et al., 2017).
Nearly all the countries which encountered the NPS
problem introduced regulations aimed to delegalize
such substances (New psychoactive…, 2016Euro-
pean Monitoring Centre for Drugs and Drug Addic-
tion and Eurojust, 2016), except New Zealand, which
legalized them for a short time (Rychert, Wilkins,
2015). Traditionally, the control systems which dele-
galized individual substances proved to be too slow
and ineffective. Consequently, solutions intended
to delegalize the whole groups of substances were
introduced.

2. Poland

NPS were present on the Polish drug scene before
2008. As soon as by the end of 2008, 40 NPS shops
were operational in the centres of major Polish cit-
ies offering an increasingly wide range of psychoac-
tive products. NPS were arriving rapidly including
synthetic cannabinoids, mephedrone and later on
a whole range of cathinone-type substances. Busi-
nessmen who established the biggest legal highs
retail chains promoted the trade on a franchise.
NPS shops started springing up exponentially and
soon, by the end of 2010, 1 300 NPS shops (brick and

mortar) were up and running across the country.
The sale was conducted through both online and of-
fline distribution channels with two arguably largest
smart shop chains, i.e. ‘dopalacze.com’ (booster) and
“smartshop’, being the main competitors.

The first battery of actions resulted in control-
ling over 40 new substances under two consecutive
amendments of the Drug Law in 2009–2010. The
second amended came into force on 25 August 2010
and resulted in controlling mephedrone and mainly
synthetic cannabinoids. On 4 March 2011, the Pol-
ish parliament adopted another amendment of the
Drug Law, which controlled 23 new agents discov-
ered in new psychoactive substances. Listing NPS is
necessary, yet it is a passive and reactive way of re-
sponding to new threats.

The General Sanitary Inspector (GSI) was the
direct operation against NPS street shops, which
finally led to the closure or liquidation thereof on
October 2010. The crackdown on NPS shops was
necessitated by the growing number of NPS-related
hospitalizations as well as media reports of several
acute poisonings or even deaths caused by NPS. As
of 3 October 2010, officers of the GSI accompanied
by police officers closed down all NPS shops and NPS
wholesale businesses (total of over 1300). A direct
consequence of the operation was the elimination
of NPS street shops.

According to the 2008 Youth Survey, NPS had
ever been used by 4% while in 2010 this rate stood
at 11%. The Youth survey results from 2013 indicate
a drop in the prevalence of NPS (5%) (Malczewski,
2014). The 2013 measurement shows that the clo-
sure of the NPS shops had an impact on the con-
sumption rates. The date from others surveys are
presented on the figure 1.

A different type of modification was introduced
by the Amendment of 8 October 2010 of the Drug
Law and Act on State Sanitary Inspection (SSI). It
introduced a definition of NPS as a substitute drug.
Such a drug is to be understood as any substances
used instead of drug or for the same purposes as
a drug, whose manufacture and placing on the mar-
ket is not governed by separate regulations. In order
to halt the further development of the supply of
substitute drugs onto the Polish market, legislators
focused on banning the manufacture of NPS and
their introduction to trade. Whoever engages in the
abovementioned activity shall be subject to a finan-
cial penalty between 5000 and 250 000 EURO. At the
same time, the enforcement of the regulations was
vested in the SSI. According to the amended law, in
the event of a reasonable suspicion that a product
poses a threat to human health or life the SSI has the
right to withdraw the product from the market for

12 Artur Malczewski, Agnese Zīle-Veisberga

the period necessary to conduct an assessment and
research into its safety. It is worth noting that the
new law clearly targets individuals and entities intro-
ducing NPS to trade and not the consumers, who are
treated more as victims of such practices.

The closure of street NPS shops gave rise to a fall
in the NPS-related poisonings in 2011. According to
the ESPAD surveys of 2011 and 2015 the percent-
age of NPS users remained at the same level of 10%
LTP (age group 15–16) (Sierosławski, 2015). The NPS
market started growing in 2012. In the end of 2012
the number of NPS-related poisonings started grow-
ing. The highest number was recorded in July 2015
(1966 cases) following the 1 July control of 114 NPS,
which had been sold at high street shops and on-
line (table 1). Similarly to previous years, NPS sellers
made efforts to get ready for the criminalization.
One of major NPS distributors had their products lab
tested to ready for new Law changing. In previous
years the controlled NPS were replaced with new

ones. In the case of stimulant NPS the control of BZP
in 2009 resulted in the arrival of mephedrone. After
mephedrone was criminalized, MDPV started to be
sold and then all kinds of synthetic cathinones such
as penthedrone or alpha-PVP (Malczewski, 2015a). It
is worth noting that similarly to 2010, when in Octo-
ber following the closure of NPS shops the highest
number of NPS-related poisonings was recorded in
July 2015, in the subsequent months the number of
poisonings began to fall (table 1).

The most prevalent NPS in 2014 were cathinones
and synthetic cannabinoids: 3-MMC; ethcathinone;
penthedrone; 3,4-DMMC; alpha-PVP; brephedrone;
pMPPP as well as UR-144 and AM-2201 (Malczewski,
Sałustowicz, 2015). The data on the table 2 showed
that Polish NPS market seems to be one of the big-
gest in the region. In 2014, there were 100 smart
shops operational in Poland (Malczewski, 2015b).
The shops are being inspected and closed down by
the SSI. However, some owners reopen them under

10.5 10

3.1
1.4 1.3

3.5

11.4

5.2

2008 2009 2010 2011 2012 2013 2014 2015

ESPAD (students 15-16 years old)
Lifetime prevalance - LTP

GPS (15-64 years old) LTP

CBOS & KBPN Youth survey
(students 18-19 years old) LTP

Survey among needles and
syringes clients (Last month
prevalance, mephedrone)

Fig. 1. Prevalence of NPS in general population and sub-populations, 2008–2015 (%)

Source: Several sources was used for prepared figure: ESPAD: Sierosławski, 2015; GPS: Malczewski, Misiurek, 2015; CBOS & KBPN
Youth survey: Malczewski, 2015a; Survey among needles and syringes clients: Malczewski, 2016.

Tab. 1. Medical interventions due to overdoses of NPS in Poland (number of cases)

year I II III IV V VI VII VIII IX X XI XII

2010 30 70 123 258 60 21

2011 15 9 14 16 12 6 12 5 13 20 26 25

2012 24 14 20 16 17 20 17 19 33 36 41 42

2013 41 35 60 80 79 88 76 98 110 137 136 139

2014 138 157 165 178 183 176 230 201 252 258 286 289

2015 291 283 526 510 603 539 1966 661 449 761 528

Source: Burda, 2014, 2015.

Similarities and differences in changing NPS market… 13

different business names. The SSI imposed more
than 3.5 millions EURO in 2014 worth of fines on NPS
owners (GSI, 2016a). However, fines are hard to col-
lect as the businesses often wind down once the SSI
begins to look into their activities. In Poland, apart
from NPS street shops there are over a dozen online
stores where NPS can be purchased. Although SSI
has made an effort to close the market since 2011
they were 170 NPS street shops in Poland in 2015
(GSI, 2016b). NPS are also selling by dealers.

3. latvia

The spread of new psychoactive substances at larger
extent started in 2008 when several stores selling
smoking mixtures that contained synthetic cannabi-
noids opened. These NPS shops were closed when in
2009 in total 25 new substances were added to the
list of controlled substances, however, it was not for
a long time and in 2010/2011 new retail and internet
shops selling NPS were opened.

According to the police data at the beginning of
2013 there were at around 70 selling places operat-
ing in Latvia. Moreover, in 2007 The Forensic depart-
ment of the State Police, which in practice is the only
institution performing expertises on seized drug in
the country, performed 15 expertises of NPS, than
in 2014 it performed 1 387 expertises. Majority of
seized NPS belonged to the group of synthetic can-
nabinoids – 91.8% in 2014 (Sīle, 2015).

Moreover, results of sociological surveys also
showed use of NPS in general population and high
use in some sub-populations. In 2013, 38% respond-
ents of a study among people with high risk drug
use confirmed that they had had bought these
substances at least once in their lives. Surveys also
showed high life-time prevalence among 15–16
years old students (11% in 2011 and 15% in 2015),
young people (9% in 2011 and 9% in 2014), party-
goers (18%) and prisoners (18%) (see fig. 2).

Although there were clear indication from treat-
ment centres that intoxication and addiction from
NPS is increasing noticeably, data to justify it are
scarce. For example, there are some data available
from years 2013 and 2014 from the Register of the
Narcological patients (national coverage) showing
that in 2013 in total 245 and in 2014 307 had used
NPS. In addition, in 2014, 416 drug overdose cases
have been recorded, in which the patient has re-
ceived inpatient care, in 2013 – 345 and in 2012 –
277 such cases were recorded. Peak in the data of
2014 can be explained with the “boom” in the use of
NPS in Latvia (Pūgule et al., 2016).

Initially, government responded to this problem
by simply listing substances in the list of controlled
substances, as a result, by the end of 2013 in total
60 new substances had been added to the list (Sīle,
2015). However, by this time it had been acknowl-
edged that simple listing system did not stop the
emergence of NPS. For example, newly controlled
substances were immediately replaced by new un-
controlled substances. Due to the high pressure of
society, the aim the policy makers became a closure
of the NPS market, therefore, new and innovative re-
sponse. Then followed a line of amendment in legis-
lation to find a proper system that could close NPS
market, initially falling to reach their aims.

Currently there are two main elements in the
legislation to control the emergence of NPS in the
market:

– Substance control by a generic system was in-
troduced in April 2013. In broad lines, it means
that only basic formula of chemical group is
listed, at the same time stating that every sub-
stance that falls under the particular group is also
controlled. However, practice showed that mar-
ket easily reacted to these changes and sellers
found new substances that were not controlled
by the generic system, and the list needed to be
updated regularly. Besides it, in order to control
new substances as soon as they appear on the

Tab. 2. The total number of NPS detected and reported to EMCDDA EWS in 2014 (samples)

2010 2011 2012 2013 2014

Czechia 120 23 26 57 33

Romania 971 415 169 212 35

Hungary 534 2 335 2 118 2 538 5 506

Poland 241 762 1 403 4 061 5 383

Lithuania 0 0 62 78 132

Latvia 133 142 289 819 889

Estonia 0 70 105 98 134

Source: Early Warning System Database of EMCDDA 2015.

14 Artur Malczewski, Agnese Zīle-Veisberga

market, a more rapid tool - temporary ban - was
introduced in the legislation.

– temporary ban of nPS defines that the Centre
for Disease Prevention and Control of Latvia may
take a decision regarding imposing a ban or re-
striction for up to 12 months on the manufactur-
ing, acquisition, storage, transportation, forward-
ing or distribution of NPS or their preparations
that are not included in the lists of controlled
substances in Latvia, but regarding which infor-
mation has been received from the Early Warn-
ing System or a conclusion of a forensic expert
institution regarding (Law on Procedures for the
Legal Trade of the Narcotic and Psychotropic
Substances).

In analogy this system treats NPS in the same way
as illicit drugs – criminal liability for use, possession,
smuggling, selling etc. foreseeing harsh sanctions.
Practice also showed that in order to keep this sys-
tem effective generic system must be updated regu-
larly and temporary bans issued when necessary. By
the end of 2015, there are 18 generic groups intro-
duced, covering synthetic cannabinoids, cathinones,
phenethylamines, amphetamines and other. In prac-
tice, the list is still being updated regularly – the lat-
est amendments came into force in June 2015. As re-
gards temporary bans, by April 2016 in total 35 bans
have been issued.

Seemingly, that NPS market was closed or at least
considerably suspended when in April 2014, due to
the amendments in the Criminal Law, violation of
the temporary ban became a criminal offence. When
these amendments in came into force, all detected
43 “legal high” selling places were closed and, ac-
cording the observation of the police, new ones
have not been opened. Also some data on registered
intoxication cases by emergency services might in-
dicate that the number of acute health problems
has decreased, for example, just before the closure
of NPS market in March 2014 the number of acute
drug intoxications (diagnoses F11-F19, intoxications
of NPS not distinguished) reached 95 cases, but af-
ter the closure of NPS retail market in June 2014 the
State Emergency service registered 34 intoxications
with diagnoses F11-F19 (Sīle, 2015). Data on latest
sociological surveys on prevalence are not available
yet.

In addition, the closure of the NPS market, taking
into consideration that it has been significant in case
of Latvia, could have brought some changes in the
illicit drugs market, however analysis of it is still too
early since the data for 2015 has not been collected.

9 9

2011 2012 2013 2014

ESPAD (student 15-16 years
old)

Eurobarometer (15-24 years
old)

Party-goers

GPS (15-64 years old)

Prisons

Drug users cohort study (Q:
Have you ever bought NPS?)

Fig. 2. Lifetime prevalence of NPS in general population and sub-populations, 2011–2014 (%)

Source: Several sources were used to prepare this figure and words in survey questions, in most of the cases – “spice”, “smok-
ing mixture”, ESPAD: ESPAD Report…, Group 2012; Trapencieris et al., 2013; Eurobarometer: Flash Eurobarometer 330…; Flash
Eurobarometer 401…; Party-goers: Koroļeva et al., 2012; GPS – General Population Survey: Sniķere et al., 2011; Prisons: Kļave et
al., 2014; Drug users cohort study: Trapencieris et al., 2014.

Similarities and differences in changing NPS market… 15

4. others countries

Several countries of Central and Eastern Europe
were selected for analysis. Poland and Latvia were
especially targeted as those countries had the high-
est NPS use prevalence rates as the widest stationary
distribution networks. It was worth comparing the
situation in Latvia to the two other Baltic States. In
the case of Poland, it was worth looking at the situa-
tion in Czechia where, after the closure of NPS stores
in Poland, the new stores were emerging on the
Polish-Czech border (Jabłoński, Malczewski, 2014).
Romania and Hungary were also the countries par-
ticularly stricken with the NPS problem.

4.1. estonia

Estonia seems to be a country where NPS market
has not developed. Neither retail, nor internet sale
has developed. Available data show that there have
been few emergency cases related to synthetic can-
nabinoids (AB-CHMINACA), but in overall NPS use is
quite low. In a study carried out in Narva city in 2014
among people who inject drugs, 4% (n = 14) report-
ed 3D (bath salts – alfa-PVP) use and one person re-
ported the use of new psychoactive substances (e.g.,
Spice, PMMA, mCPP, BZP) (Vorobjov, 2015).

Even though the NPS prevalence is low, Esto-
nia authorities regularly schedule new substances
in their list of controlled substances with a decree
of the Minister of Health and Social affairs. In 2013
a new schedule V was introduced into the Narcotic
and Psychotropic Substances Act ( Pugūle et al.,
2015). Substances under this schedule are prohib-
ited only if the intension or use is to cause human in-
toxication. In 2014, in total 21 substances was added
to the V Schedule (Salekesin, 2015).

4.2. lithuania

Also in Lithuania NPS market can be assessed as
small. These substances are mainly sold via the In-
ternet and in 2014 there were 40 such on-line shops
identified. In 2015, an Omnibus survey was carried
out and results showed that 3% respondents have
used NPS (Jasaitis, 2015a).

Lithuanian authorities also put efforts in their
legislation in order to avoid development and in
2011 first generic group of cathinone derivatives
and 6 groups of cannabinoid derivatives were intro-
duced in the list. Since then this list is updated regu-
larly and, for example, in 2013, five generic groups
were modified and 58 individual substances sched-
uled, in 2014 – 25 substance scheduled. Moreover,
the scheduling takes from 2 to 7 moths, which ap-
parently is enough to keep the NPS market underde-
veloped (Jasaitis, 2015b).

4.3. the czech republic

In the Czech Republic in 2010 there was a massive
increase in the supply of NPS. In effect, the govern-
ment decided to extend the list of narcotic and psy-
chotropic substances by 33 new substances. Imports
of new substances into the Czech Republic were
reduced. In 2010, there were over 20 shops selling
NPS. After April 2011 almost all of them were closed.
NPS started to be available through the internet. In
2013: 19 e-shops with a Czech interface were identi-
fied (Grohmannova, 2013). The prevalence of NPS in
Czech Republic is not high. The General Population
Survey of 2011 showed the lifetime prevalence rate
of 1.6% (age group 15–64). One year later in the next
survey the result was similar – 1.1% (Mravčík et al.,
2015). The peak of the NPS prevalence was reached
in 2010/2011 when 20 and 50 shops respectively
operated in the country (Běláčková, 2013). Mainly
it was caused by the closure of the shops in Poland.
As in Poland, the highest prevalence was noticed
among clients of low threshold programs. According
to the survey of 2013, among 1797 clients of such
programs 11% used NPS (Grohmannova, 2013). The
most popular group of NPS seems to be cathinones
in 2014. According to the TOP-10 of the I-TREND
project there were: 3-MMC, 4-FA (4-Fluoroampheta-
mine), 4-MEC, 6-APB, AMT, bk-MDMA (methylone),
ethcathinone (ETH-CAT), MDPBP, methoxetamine
(MXE), MPPP, penthedrone. The list of controlled
substances has been updated twice in 2011 and
2015. The street shop NPS market ceased to exist.
However, the NPS started to be available online. In
May 2014, there were 30 active NPS online shops in
the Czech Republic (Martinez et al., 2016).

4.4. hungary

Between 2010 and 2014, NPS completely restruc-
tured the Hungarian drug market. Following the
large-scale increase in the amount of mephedrone
available in the summer of 2010, the proportion of
the new psychoactive substances, as compared to
the classical drugs, rose continuously. In 2014, the
new substances constituted nearly 60% of police
seizures (2015 National… Report, 2015). Out of the
total 6509 drug-related offences registered in 2014,
347 offences (5.3%) involved substances classified
as new psychoactive substances according to the
Hungarian law (2015 National… Report, 2015). The
most frequent NPS types were cathinone deriva-
tives, phenethylamines, synthetic cannabinoids and
piperazine derivatives. In Hungary, there were few
shops in 2010–2011. However, they were shut down
3/4 years ago. It seems that retail NPS shops don’t
exist anymore. Online stores use mostly webpages.

16 Artur Malczewski, Agnese Zīle-Veisberga

NPS sales are done through dealers, which are one of
the main sources of the supply. The prevalence of the
NPS compared to other drugs seems to be relative-
ly high. Any use of NPS in Hungary could be at the
level similar to that of cannabis (Horvath: Hungarian
Reitox Focal Point personal communication) (fig. 3).
According to treatment data and data from needle/
syringe programmes NPS (synthetic cathinone) use
is widespread among IDUs in Hungary. According to
research data NPS (synthetic cathinone) use is also
observed among OST clients (2015 National Report,
2015).. Increasing supply of NPS forced Hungarian
decision-makers to elaborate a new monitoring and
risk-assessment system, which can be used to pro-
vide the appropriate information for the making
of responsible decisions on the control of NPS. Act
XCV of 2005 (hereinafter: Medicines Act, Gytv.) lays
down the framework of the new legislation, while
Government Decree 66/2012 (IV. 2.) determines the
process and persons responsible in connection with
the reporting of new psychoactive substances, their
preliminary specialist assessment, their scheduling
and risk assessment. The Gytv. created the defini-
tion of “new psychoactive substance” as substances
or groups of compounds recently appearing on the
market that have no medicinal use and that, due to
their effect on the central nervous system, are suita-
ble for altering a person’s state of consciousness, be-
haviour or senses, and therefore represent a threat

to public health similar to the substances appear-
ing in the illicit drug and psychotropic substance
schedules, and so with respect to this, in the past the
Government, currently the minister responsible for
health, classified these as such materials in a decree.
The Medicines Act and the Government Decree cre-
ated a new schedule for the new psychoactive sub-
stances, which contains both individual compounds
and compound groups (through this providing both
a list of individual compounds and a generic ap-
proach) (2015 National Report, 2015). The Hungari-
an legal approach is based on generic and individual
approach and includes risk assessment procedure.

4.5. romania

Romania was one of the countries where there had
been a rapid increase in the number of NPS shops.
In 2010, 35% of drug patients reported using NSP
as primary drug. In 2011, Romania introduced solu-
tions similar to the Polish ones such in the form of
a wide definition of controlled NPS. The list of con-
trolled substances has been updated twice in 2010
and 2014. In 2011, a new legislation package along
with complex control measures of several institu-
tions contributed to the closure of the NPS market.
In 2011, the Joint order of several ministers and
national authorities was issued. 33 new substances
were added to the list and joint teams performed
inspections of the locations in which NPS were

4.1

3.4

3.0

2.4

1.9
1.5

1.3
1.1 1.0 0.9 0.9 0.8 0.8 0.7 0.7

0.5
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Fig. 3. Lifetime prevalence of different illicit drugs in the 19–64 age group in Hungary in 2013 (%)

Source: 2015 National… Report, 2015.

Similarities and differences in changing NPS market… 17

manufactured, sold or used, according to their field
of expertise. In that year 867 locations, where NPS
were likely to be sold, were inspected. A year later
the number of shops halved to 442 (Gheorghe,
2014). In 2014, most probably synthetic cannabis
was the main NPS on the market but in 2010/2011,
they were synthetic cathinones. In 2011 (March), 158
retail outlets were closed (2012 National…, 2012). In
2015, some online shops but not only focus on NPS.
As a consequence of the measures taken in 2011 the
retail shops were closed. The data in figure 4 show an
increase in the number of poisonings following the
closure of NPS shops and a decrease in poisonings in
2013. Among the drug patients in 2013 every tenth
reported using NPS, which constitutes over a three-
fold drop compared to 2010 (Gheorghe, 2014).

5. findings

Countries where problem reached the peak, the tra-
ditional response or simply substance scheduling
did not work. Since the NPS do not fall under mar-
ket regulations, also the response to the problem
was innovative stepping out of the existing system
(for example, temporary prohibition in Poland, Lat-
via, NPS list in Hungary, criminal liability or harsh
sanctions in several countries, generic law in Latvia,
Lithuania and Hungary). Moreover, a political and
social pressure has been a factor to speed up the

development of new regulations, sometime affect-
ing the quality. Seemingly harsh sanctions and im-
mediate reaction are main elements to close the NPS
street shops. Meanwhile this approach hasn’t caused
a stepback for chemical industry or science. At the
begging 2015 the retail market seems to be closed
in Latvia and Romania but in Poland is developing
because NPS distributor has been prepared to over-
come new legislation again NPS market from 2011.
Still is open question if national regulations against
NPS market are fully enough. In case of drugs Eu-
ropean countries are using UN convention as core
document for controlling psychoactive substances.
In case of NPS there are different approach and dif-
ferent substances are putting in the control in EU
member countries. NPS market reacts very quickly
for changing and only very strong and fast reaction
from the institutional level seems to be effective-
ness. According to the principle that every action is
accompanied by a reaction, a decrease in the avail-
ability of NPS in NPS shops gave rise to a greater on-
line supply, transferring the trade to the neighbour-
ing countries (Czech Republic) or the arrival of more
alternatives to controlled substances. Although NPS
market differs in each country, study shows that
harsh sanctions such as criminal liability and imme-
diate reaction significantly decrease the availabil-
ity of NPS, and thus contribute in decreasing acute
health problems and prevalence. It was observed
that at the time when stricter measure came into

668

1 384

1 395

1 279

200

400

600

800

1 000

1 200

1 400

1 600

2010 2011 2012 2013

Fig. 4. Evolution of medical emergencies caused by NPS use, data compared 2010–2013 (number of cases)

Source: Gheorghe, 2014.

18 Artur Malczewski, Agnese Zīle-Veisberga

force, hospital emergencies were increased (Poland,
Romania and in same extent Latvia).

reference

2012 National Report (2011 data) to the EMCDDA by the Reitox
National Focal Point, 2012, Romanian Reitox Focal Point,
Bucharest.

2015 National Report (2014 data) to the EMCDDA by the Reitox
National Focal Point, 2015, Hungarian Reitox Focal Point,
Budapest.

Act XCV of 2005 on medicinal products for human use and on
the amendment of other laws regulating the pharmaceuti-
cal market in Hungary (the amendment to the Act came
into effect on the 1st of March 2012).

Běláčková V., 2013, New synthetic drugs in the Czech Republic
– ways to get through survey methods, Presentation for REI-
TOX Academy on New Psychoactive Substances, Warsaw,
5th September, 2013.

Brunt T., Atkinson A., Nefu T., Martinem M., Lahaie E., Malcze-
wski A., Pazinty M., Belackova V., Brandt S., 2017, Online
test purchased new psychoactive substances in 5 differ-
ent European countries: A snapshot study of chemical
composition and price, International Journal of Drug Pol-
icy, 44, 105–114. doi: 10.1016/j.drugpo.2017.03.006

Burda P., 2014, Raport o zgłoszonych przypadkach podejrzeń
zatruć substancjami psychoaktywnymi (dopalaczami)
(Eng. Report on reported cases of suspected poisoning
with new psychoactive substances), Ośrodek Kontroli
Zatruć, Warszawa.

Burda P., 2015, Raport o zgłoszonych przypadkach podejrzeń
zatruć substancjami psychoaktywnymi (dopalaczami)
(Eng. Report on reported cases of suspected poisoning
with new psychoactive substances)), Ośrodek Kontroli
Zatruć, Warszawa.

Early Warning System Database of EMCDDA, 2015, European
Monitoring Centre for Drugs and Drug Addiction, Lisbon.

ESPAD Report 2011: Results from the European School Survey
Project on Alcohol and Other Drugs, 2012, ESPAD Group,
The Swedish Ministry of Health and Social Affairs and the
European Monitoring Centre for Drugs and Drug Addic-
tion (EMCDDA), Sweden.

European Drug Report 2015: Trends and Developments, 2015,
European Monitoring Centre for Drugs and Drug Addic-
tion, Publications Office of the European Union, Luxem-
bourg.

Flash Eurobarometer 330: Youth attitudes on drugs, European
Commission https://data.europa.eu/euodp/data/data-
set/S1006_330 (data accessed: 10 January 2017).

Flash Eurobarometer 401: Young people and drugs, European
Commission, https://data.europa.eu/euodp/data/data-
set/S2029_401 (data accessed: 10 January 2017).

Gheorghe B., 2014, NPS in Romania. Romanian focal point on
drugs and drug addiction, Presentation for the conference
in Warsaw 2–3 October 2014.

Government Decree 66/2012 (IV. 2.) on activities related to nar-
cotic drugs, psychotropic substances and new psychoac-
tive substances, on scheduling of these substances and on

modification of schedules (repealing Government Decree
142/2004 and Government Decision 1196/2009) (the De-
cree came into effect on the 3

rd
of April 2012) and §283/B

of Criminal Code (the amendment to the Criminal Code
came into effect on the 1st

of March 2012).

Grohmannova K., 2013, NSD use among PDU. Czech National
Monitoring Centre for Drugs and Drug Addiction, Presenta-
tion for Reitox Academy on New Psychoactive Substances
4–5 September 2013 Warsaw.

GSI, 2016a, information from General Sanitary Inspection
http://gis.gov.pl/zdrowie/dopalacze/dane-statystyczne
(data accessed: 06 March 2016).

GSI, 2016b, Official Information for Senat wrote by General
Sanitary Inspection., Warsaw.

Jabłoński P., Malczewski A., 2014, New psychoactive substanc-
es: problem and response, National Bureau for Drug Pre-
vention, Warsaw.

Jasaitis E., 2015a, NPS users profile: Lithuania case. Presenta-
tion for Reitox Baltic Academy in Cracow – Poland, 3–4
September 2015.

Jasaitis E., 2015b, NPS market and NPS in law: Lithuania per-
spective, Presentation for Reitox Baltic Academy in Cra-
cow – Poland, 3–4 September 2015.

Kļave et al ., 2014, Narkotiku lietošanas izplatība ieslodzījuma
vietās Latvijā 2014.gadā. Pētījuma rezultāti (Eng. Preva-
lence of drug use in prisons in Latvia in 2014. Research
results), Slimību profilakses un kontroles centrs, Rīga.

Koroļeva I., Trapencieris M., Sniķere S., Kārkliņa I., Jankovskis
M., Krieķe L., 2013, Narkotiku lietošanas izklaides vietāīs
2012. gada (Eng. Drug use at the recreational setting in
2012), Slimību profilakses un kontroles centrs, Riga.

Malczewski A., 2014, Młodzież a substancje psychoak-
tywne (Eng. Youth and Psychoactive Substances), [in:]
B. Grabowska (ed.), J. Kalka, R. Boguszewski, K. Kowalczuk,
M. Feliksiak, M. Herrmann, B. Badora, M. Omyła-Rudzka,
B. Roguska, M. Feliksiak, M. Gwiazda, A. Malczewski,
Młodzież 2013 (Eng. Youth 2013), Fundacja Centrum Bada-
nia Opinii Społecznej, Warszawa, 154–173.

Malczewski A., 2015a, “Dopalacze” coraz bardziej niebez-
pieczne (Eng. New Psychoactive Substances getting more
dangerous), Remedium, 9/2015, 24–25.

Malczewski A., 2015b, Drug market and crime workbook. Polish
workbook for EMCDDA, National Bureau for Drug Preven-
tion, Warsaw.

Malczewski A., 2016, Odbiorcy programów wymiany igieł
i strzykawek – wyniki badania (Eng. Clients of needles
and syringes programs – result of the survey), Remedium,
2/2016, 25–26.

Malczewski A., Misiurek A., 2015, Używanie narkotyków i “do-
palaczy” w populacji generalnej (Eng. Using drugs and
New Psychoactive Substances in general population),
Serwis Informacyjny NARKOMANIA, 72, 32–37.

Malczewski A., Sałustowicz P., 2015, I-TREND − badanie
dotyczące nowych substancji psychoaktywnych (Eng.
I-TREND – New Psychoactive Substances survey), Serwis
Informacyjny NARKOMANIA, 72, 18–21.

Martinez M., Kmetonyová D, Běláčková V., 2016, A method
for exploring the number of online shops selling new psy-
choactive substances: initial I-TREND project results in: The

Similarities and differences in changing NPS market… 19

internet and drug markets (European Monitoring Centre for
Drugs and Drug Addiction: Insights 21), Publications Office
of the European Union, Luxembourg.

Mravčík V., Běláčková V., Grohmannová K., Zábranský T., 2015,
Nove psychoaktivni latky a jejich vyskyt v Česke republice
(Eng. New psychoactive substances and their prevalence
in the Czech Republic), Národní monitorovací středisko
pro drogy a závislosti, Úřad vlády ČR, Časopis lékařů
českých, 153 (5), 216–221.

New psychoactive substances in Europe: Legislation and prose-
cution — current challenges and solutions, 2016, European
Monitoring Centre for Drugs and Drug Addiction and Eu-
rojust, EMCDDA – Eurojust joint publication, Publications
Office of the European Union, Luxembourg.

Pūgule I., Ābele I., Vanaga D., Sīle L., Pelne A., Lucenko I., Zīle-
Veisberga A., Trapencieris M., 2015, Situācija narkotiku
un narkomānijas problēmas jomā latvijā līdz 2015. gadam
(Eng. Situation in drug situation in Latvia until 2015),
Slimību profilakses un kontroles centrs, Rīga.

Rychert M., Wilkins C., 2015, The challenge of a ban on animal
testing for the development of a regulated legal market
for new psychoactive substances (NPS) (‘legal highs’) in
New Zealand: Issues and options for resolution, Inter-
national Journal of Drug Policy, 26(12), 1273–1278. doi:
10.1016/j.drugpo.2015.08.006

Salekesin M., 2015, NPS market and NPS in law, Estonia, Presen-
tation for Reitox Baltic Academy in Cracow – Poland, 3–4
September 2015.

Sierosławski J., 2015, Używanie substancji psychoaktywnych
przez młodzież w 2015 roku ESPAD (Eng. Psychoactive
Substances using by youth in 2015 ESPAD), Presentation
from the press conference on 30 November 2015, KBPN,
PARPA, IPIN. Warsaw.

Sīle L., 2015, Jaunās psihoaktīvās vielas Latvijā: Situācijas
analīze 2007–2014 (Eng. New psychoactive substances in
Latvia: analysis of the situation between 2014 and 2017),
Slimību profilakses in kontroles centrs, Rīga.

Sniķere S., Trapencieris M., Koroļeva I., Mieriņa I., Priekule S.,
Aleksandrovs A., Jankovskis M., 2012, Atkarību izraisošo
vielu lietošanas izplatība iedzīvotāju vidū. Pētījuma rezultāti
(Eng. Addictive substance use among the general popu-
lation) , Slimību profilakses in kontroles centrs, Rīga.

Trapencieris M., Pētersons A., Sniķere S., 2013, Alkohola, taba-
kas un narkotiku lietošanas izplatība skolēnu vidū Latvijā.
Metodoloģiskā pētījuma rezultāti (Eng. The prevalence of
alcohol, tabaco and drug use among students: Methodo-
logical study,), Slimību profialkases un kontroles centrs,
SIA “Socioloģisko pētījumu institūts”, Rīga.

Trapencieris M., Sniķere S., Kaupe R., 2014, Narkotiku lietošanas
tendences un paradumi Latvijā: narkotiku lietotāju kohor-
tas pētījuma septītā posma (2013. gada) rezultāti (Eng.
Drug use patterns and trends in Latvia: cohort study of
drug users. The seventh phase). Biedrība “Dialogs”, Rīga.

Vorobjov S., 2015, New psychoactive substances in Estonia,
available data from recent surveys, Presentation for Reitox
Baltic Academy in Cracow – Poland, 3–4 September 2015.