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A few words about Dangerous Substances Law, 5773-2013

Israel has issued a new ordinance “The fight against the phenomenon of the use of dangerous substances law, 5773-2013” that aims to tackle the problem of new psychoactive substances. Under the new law, law enforcement authorities are granted powers to seize and destroy substances considered to be ‘dangerous substances,’ according to the definition provided therein. Following the seizure of a substance considered to be a ‘dangerous substance,’ the possessor is issued a summons to appear, within seven days, before the authorities in order to prove that the substance is not a ‘dangerous substance’ and avoid its destruction. The order of destruction can be appealed through a civil proceeding, within 30 days. Under this new legislation, in case of urgency and to protect public health, the distribution of ‘dangerous substances’ can be prohibited through a declaration by the Director-General of the Ministry of Health, following consultation with the Director-General of the Israel Anti-Drug Authority, or anyone empowered by him, and the Inspector General of the Israeli Police, or anyone empowered by him. The declaration is valid for a period of up to 12 months and the manufacture, sale, presentation for sale, import, export, supply or trade in of prohibited substances is punished with 3 years of imprisonment, and 5 years of imprisonment if a prohibited substance is supplied to a minor.

We thank Ms. Eti Kahana, Adv., Head, Law Enforcement and Legislation Division, IADA for the explanation about this law.