The use of drug checking legislation to facilitate illicit drug consumption research: psychedelic microdosing as a case example

Laws that prohibit access to illicit drugs can increase harm because manufacturers and distributors have variable control over drug supply and quality. New Zealand passed legislation in 2021 to address this by allowing licensed providers to directly analyze samples from consumers. This paper describes how researchers obtained the first such license to collect and analyze illicitly sourced psychedelic substances used by people who microdose. Obtaining the license was a lengthy process. The legislation enabled research that fills a gap in knowledge about whether drug content matches consumer expectations, and it allowed provision of harm reduction information to this population.

Study at a glance

Abstract

Purpose Current laws prohibiting access to illicit drugs contribute to drug harms as manufacturers and distributors of illicit substances have variable influence over drug supply and quality. Legislation introduced in New Zealand (NZ) in 2021 aimed to address such harm by enabling licenced drug checking providers to directly analyse samples from consumers. This paper aims to detail the use of drug checking legislation for research purposes, and the licence aquisition process for the first licence of this kind. Design/methodology/approach Samples purported to be psychedelic drugs were analysed using this licence in the context of “microdosing”. Analysis of illicitly sourced substances used by people who microdose (PWM) addresses a gap in the literature; no research to date has collected and analysed samples to determine the extent to which drug content differs from consumer expectations. Obtaining a drug checking licence was required to legally collect microdose samples from participants. Findings Acquisition of the licence was a lengthy process. It is hoped that successful legislation in this instance will pave the way forward for future research using drug checking. The approval of the licence allowed participants to provide samples of illicitly sourced microdosing substances for analysis. Drug checking legislation enabled drug use research involving PWM and facilitated the provision of harm reduction information for this population. Originality/value This study demonstrates the usefulness of drug checking legislation in research as a means to inform policy, improve safety and support evidence-based best practice for both researchers and people who use drugs.