Australian Capital Territory
Director of Public Prosecutions Direction 2011*
Notifiable instrument NI2011–366
made under the  
Director of Public Prosecutions Act 1990, section 20 (Directions and guidelines by Attorney-General)

1	Name of instrument
This instrument is the Director of Public Prosecutions Direction 2011.
2	Commencement 
This instrument commences on the day after it is notified.
3	Preamble
A delegate of the Secretary to the Commonwealth Department of Health and Ageing has given notice of a delegate’s final decision for amending the Poisons Standard (commonly referred to as the Standard for the Uniform Scheduling of Medicines and Poisons) under subsections 42ZCZX of the Therapeutic Goods Regulations 1990. 
The delegate decided to include in Schedule 9 the following synthetic cannabinoids together with reference to their common names, noting that many analogues of these substances would also be captured as derivatives: 
•	(1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole) (common name AM-694); 
•	2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (common name JWH – 250); 
•	(1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone (common name JWH – 200); 
•	Naphthalen-1-yl-(1-butylindol-3-yl)methanone (common name JWH – 073); 
•	1-Pentyl-3-(4-methyl-1-naphthoyl)indole (common name JWH – 122); 
•	1-Pentyl-3-(1-naphthoyl)indole (common name JWH- 018); 
•	2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol (common name Cannabicyclohexanol or CP 47,497 C8 homologue); and 
•	2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol (common name CP 47,497). 
Substances listed in Schedule 9 are defined as prohibited substances under the Medicines Poisons and Therapeutic Goods Act 2008 (ACT).
From 8 July 2011,the Schedule 9 listing for the synthetic cannabinoids included in the delegate’s decision will be automatically given effect in the ACT under the Medicines Poisons and Therapeutic Goods Act 2008 .  It will be a criminal offence under the Medicines Poisons and Therapeutic Goods Act to manufacture, supply, discard, obtain, possess and/or administer these synthetic cannabinoids.
It is considered in the public interest to provide for a transitional amnesty period due to the immediate application of the Schedule 9 listing, when previous dealings with these substances may not have attracted the application of the Medicines Poisons and Therapeutic Goods Act.
4	Direction
I, ANDREW BARR, Acting Attorney General, after consulting with and having regard to the advice of, the Acting Director of Public Prosecutions (who agrees that the giving of a direction is appropriate in these circumstances), direct that the Director of Public Prosecutions shall not proceed with a prosecution of a person for offences under the Medicines Poisons and Therapeutic Goods Act in relation to a synthetic cannabinoid included in the SUSMP No.1 Amendment 3.  
5	Expiry
This instrument expires on 1 August 2011. 

Andrew Barr MLA
Acting Attorney General
7 July 2011