The world of illicit drugs is complicated and seemingly ever-changing. As expert witnesses, it can be difficult to keep up with changes in the field, particularly with so many illicit and legal highs entering the market. Here, Fiona Coope, business manager for Environmental Scientifics Group Forensics discusses designer drugs and the role of forensic experts.
Who am I?
My initial start in the world of forensics was not by the normal channels. Before privatisation, British Rail had its own research laboratories and part of that included an analytical services department whose job was to provide, where possible, any analytical support needed. A great deal of this support revolved around material testing of components and health and safety monitoring, however there was a small section that specialised in forensic analysis. This was both chemical, mostly in the area of drugs and noxious substances, but also some physical analyses such as footmarks, glass and documents. Although originating in the Rail sector, the forensic department now forms an integral part of ESG (Environmental Scientifics Group) which is a market leader in the areas of compliance testing, geotechnical testing, environmental testing and analytical chemistry. Because of this wide range of technical expertise ESG is also perfectly placed to provide consultancy and expert opinion. I personally have been a part of the forensic business within ESG for over 25 years and have over 20 years experience giving evidence in court on the subject of licit and illicit drugs.
The rise of the “designer” drugs and NPS (New Psychoactive Substances)
When I first started working in the forensic business, the majority of the drugs encountered were the standard ones that are still prevalent today. Cocaine, heroin, amphetamine and cannabis products were, and still are, regularly encountered. The other major drug type was MDMA (Ecstasy), a Class A controlled substance under the Misuse of Drugs Act which is a substituted amphetamine and an early “designer” drug. This drug had come under a generic control in the 70’s but gained in popularity through the 80’s hitting its peak in the 90’s along with the rise of the rave scene. The unfortunate death of Leah Betts highlighted the need for better education about drugs and drug usage. This tragic death caused by hyponatremia made mainstream headlines and together with the appearance of substitutes in the tablets when MDMA and the chemicals required to produce it, became difficult to source contributed to the general decline in its use.
The definition of a “designer” drug is difficult but a common perception is that it is a drug that is designed specifically for a psychoactive effect rather than for a medical need. As it happens this was probably not the case with MDMA but is the case with a large number of chemicals which have since appeared. As the use of MDMA began to decline we saw an increase in the use of piperazines, specifically Benzopiperazine (BZP) and Trifluoromethylphenylpiperazine (TFMPP). This drug type mimics the effects of amphetamine and ecstasy and, although it had some use originally as an anti-parasite medication for animals and was investigated for use in other medical arenas, has no
recognised medical use. The piperazine group of compounds had some reportedly unpleasant side effects and came under control in 2009.
The appearance of “Legal Highs”
BZP and TFMPP use has tailed off but from the late “noughties” the appearance of new “designer” drugs began to pick up speed. The two big areas initially were the cathinones, starting with mephedrone (methylmethcathinone), and synthetic cannabinoids. The cathinone family effects mimic the effects of amphetamine and cocaine and were originally marked as plant food and “not fit for human consumption”. The synthetic cannabinoids, often called “Spice”, are chemical compounds which have been synthesized in the hope they will mimic the desired effects of cannabis. Indeed, whilst some of the reported effects appear similar to cannabis many others are not and some can be extremely hazardous at low doses. The chemicals are then sprayed onto an innocuous plant material, packaged up in bright coloured packages and marked “not for human consumption”. Interestingly some of these packages also contain a Help Line number in case the material inside it is inhaled or ingested. Because these compounds have been designed for a potential psychoactive effect and not for legitimate medical use there has been little or no data collected detailing the harm these compounds can do to humans although cases have now been well documented which show these compounds can even lead to fatalities.
New compounds continue to regularly appear, often called “Legal Highs”, which are specifically designed to try to circumvent the range of controls that are in place in the UK and throughout the world. Due to this situation, many of these materials are now controlled more quickly either with temporary banning orders or as permanently controlled substances under the UK Misuse of Drugs Act. In the UK, in common with some other countries around the world, for some drug types it is a chemical “family” which is controlled and so one of the most interesting aspects of being a Forensic Drug Expert in these times is to keep abreast of current developments and to keep an eye on likely future developments. Although the current provision of Forensic Drug Analysis in the UK is over a number of accredited forensic service providers they all liaise together on a regular basis and in conjunction with the Home Office, collaborate to aid identification of new compounds and source appropriate standards for them. In addition to that all the providers feed data into the EU which also then feeds into the UN helping to ensure the information is distributed across Europe and worldwide to those who need it as soon as it is available.
The role of the Forensic Drugs Analysts today
Although the rise of the “designer” drugs has meant that the speed of change is faster with regard to finding new substances, much of the work carried out is as it has always been. The providers all identify both the commonly encountered drugs and the new emerging ones as well as determining the purity of the more commonly encountered ones and this information is provided centrally to ensure drugs intelligence is there for use by the Police and Criminal Justice System. The providers will carry out analyses to compare drugs from different places to establish if they share a common origin and compare packaging, again to deduce if it shares a common origin. The providers will all have experts in these comparison areas as well as experts in the production of drugs and cannabis cultivation scenes.
The Forensic cannabis yield expert can assess plants submitted and the growing conditions, either by looking at photographs provided of the scene or attending the scene themselves, to estimate a potential yield. These estimates are based on a wealth of experience with each expert seeing a wide range of scenarios from a small bedroom grow to ones in industrial units. They also have access to large amounts of data relating to plants being grown in these varying conditions and are therefore ideally placed to give an independent view of the potential yield of crops of cannabis plants. A drug production expert can look at a list of chemicals and comment on both their legitimate uses and their potential to be used to produce illicit substances.
Defence work
Because there are a range of Forensic Drug Expert providers in the UK providing analytical data and opinion to Police Forces and the Criminal Justice System, they are also able, should they wish, to carry out defence work providing there is no conflict of interest identified. Given the high standard to which modern Forensic Drug Experts work it may be argued that defence examinations relating to statements of fact regarding common drug types have little chance of challenging the original result. However, defence examinations on the identification of the newer drugs, expert opinion on comparisons of drugs or packaging and expert opinion on production of cannabis or other drugs can sometimes reap considerable rewards. In one of my earliest defence cases it was not the matching of the packaging that was in doubt but the conclusions drawn from the order of the layers of packaging. By examining the materials and reviewing the original examination evidence I was able to show the conclusions originally drawn were unsound which led to the subsequent discontinuation of the case by the Crown Prosecution Service.
Where we are now
ESG, in common with the major forensic providers of drugs expertise, not only carry out the basic analysis and purity determinations that have always been carried out but are deeply involved in the ever changing face of drug use. There have been many changes over the last few decades both in the drugs taken and in the way Forensic Services are provided to the Criminal Justice System. Through research, both singly and in conjunction with other providers, and with the support of the Home Office we continue to keep track of what is out there and the techniques needed to identify them.