Chemical drug precursors: issues and challenges in regulating a growing market

Drug production often requires the use of “precursor” chemical substances. Solvents, pesticides and acids are just some of the many molecules used legally in industry which, when diverted, become chemical drug precursors. These are then used to manufacture cocaine, heroin, synthetic drugs or “new psychoactive substances” (cathinones, cannabinoids and synthetic or semi-synthetic opioids). Some of the most common precursors include potassium permanganate, used legally in industry to purify water but also diverted to manufacture cocaine, and acetone, used as a solvent in the chemical and pharmaceutical industries and by the general public, but also used in the manufacture of cocaine, heroin and LSD.

Drug precursors are mostly manufactured in China and India, but France is both a destination and transit country from where they are transported to clandestine laboratories in the Benelux countries, Spain and Eastern Europe.

Growing use of precursors in drug manufacturing

The circulation of chemical drug precursors is expanding within the European Union (EU), where the average quantity of chemical precursor seizures has tripled in ten years (178 tonnes in 2023, compared with an average of 62 tonnes per year between 2012 and 2022). This rise can be partly explained by their high yield, with small quantities of precursors being used to produce large quantities of drugs. This trend reflects drug traffickers’ remarkable ability to adapt: as precursors are identified and subjected to international controls, traffickers develop new chemical precursors. The growing use of “pre-precursors” (which are used to produce chemical drug precursors rather than drugs themselves) complicates efforts to regulate the phenomenon. It also explains the rapid development of illicit drug manufacturing methods seen today and the trend towards diversification of supply.

Regulatory challenges in a constantly changing drug market

The regulatory challenges posed by chemical precursors are compounded by the presence of organised specialised criminal gangs and flexible trafficking networks. Almost 40 years after the introduction of an international control system for chemical drug precursors (the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances), which was supplemented by national legislation and control mechanisms, government measures to report and prevent the diversion of precursors have been stepped up. These measures begin with the classification of sensitive chemicals, which are subject to increased monitoring and specific regulations. Today, 51 precursors are classified at international level (listed in Tables I and II of the 1988 Convention) and a further ten or so are classified at European level. These measures also involve cooperation with companies in the chemical industry that produce and distribute the substances in question. These companies are required to identify and report any suspicious transactions. In France, between 500 and 600 companies are affected.

In European Union countries, regulating the manufacture, trade and possession of chemical precursors liable to be diverted is an EU competence. Nevertheless, Member States are free to determine the types of controls and the procedure for issuing administrative authorisations governing trade in substances classified as precursors. In France, regulating this market is the responsibility of the French National Mission for the Control of Chemical Precursors (MNCPC), part of the Ministry of Economy and Finances, which steers and coordinates the implementation of policies to combat the diversion of chemical precursors.

In response to the increased use of chemicals in illicit drug manufacturing, new measures are being put in place to counter criminal organisations’ agility and speed of adaptation. The principle of generic classification (by groups of precursors), rather than specific classification, is currently under discussion within the European Commission and the International Narcotics Control Board (INCB), guardian of the 1988 Convention. Regulatory and control instruments have also been strengthened at European level, with the use of the “catch-all” clause. Currently in use in France, it has already enabled customs authorities to seize unclassified substances and impose penalties for this type of diversion.