by Ronald Toito’ona
The Solomon Islands Law Reform Commission has urged Parliament to adopt a more proactive and modern legal framework to combat illicit drugs, warning that the country’s current list-based system is leaving dangerous loopholes that criminals can exploit.
Presenting before the Bills and Legislation Committee last week on the Dangerous Drugs Amendment Bill 2025, Senior Legal Officer Augustin Basia said the Commission supports the Government’s efforts to strengthen drug laws.
However, a deeper structural reform is needed to keep pace with rapidly evolving synthetic drugs.
“Our concern is that the current approach is largely reactive,” Basia told the Bills committee.
“The law responds to incidents after they happen rather than anticipating and preventing them,” he added.
Reactive Laws Leave Dangerous Gaps
Basia explained that Solomon Islands’ existing Dangerous Drugs Act relies on a schedule or list of specific substances deemed illegal. While this system can identify known drugs, it creates a major weakness when new synthetic drugs emerge.
Under the current framework, any substance not explicitly listed remains technically legal, even if it produces the same harmful effects as banned drugs.
“This cycle continues. If we address the meth problem today with severe penalties, but a new harmful substance emerges in the future, we will have to repeat the entire process again,” Basia said.
He noted that drug manufacturers are constantly adapting, using chemical modifications, often referred to as “chemical tweaking” to create new substances that mimic illegal drugs while avoiding existing legal definitions.
This loophole became evident in a recent methamphetamine case, where authorities seized suspected drugs and made arrests, but the law was unclear, resulting in confusion and the release of suspects.
“These gaps are the inevitable result of a list-based system,” Basia said.
Commission Proposes ‘Effect-Based’ Drug Laws
To address these weaknesses, the Commission proposed that Solomon Islands adopt an “effect-based” legal model, an approach increasingly used internationally.
Unlike list-based systems, effect-based laws criminalise substances based on their psychoactive impact, rather than their chemical composition or name.
“This approach focuses on what the substance does, how it affects the mind and body rather than its chemical structure,” Basia explained.
Under this system, any substance that alters mental function, perception, mood, or behaviour in harmful ways could be automatically covered under the law, even if it has never been specifically listed before.
This would prevent drug producers from bypassing the law simply by slightly modifying chemical formulas.
“By embracing an effect-based approach, our laws can anticipate new threats, close loopholes, and protect communities far more effectively than a reactive system ever could,” he said.
Catch-All Provisions Could Strengthen Enforcement
Basia also recommended introducing “catch-all” or class-based provisions that create broader legal coverage over entire categories of harmful substances.
Such provisions would allow authorities to regulate emerging drugs without requiring constant legislative updates.
He warned that without reform, Solomon Islands risks remaining stuck in a “cat-and-mouse game,” where lawmakers struggle to keep pace with constantly evolving drug markets.
“Lawmakers update laws, producers change the chemistry, and enforcement struggles to keep up,” he said.
This, he added, undermines public trust and weakens law enforcement efforts.
Reform Could Also Address Emerging Local Drug Issues
The Commission said the proposed approach could also help address emerging domestic drug problems, including the growing abuse of substances such as “copen,” a mixture involving tobacco and other compounds reportedly used by some youths.
Basia said effect-based laws could capture harmful variants and compounded substances that fall outside traditional definitions.
“This approach would also capture unregulated and dangerous practices that use household items and other substances found domestically,” he said.
Exemptions Needed to Protect Legal and Cultural Uses
Basia acknowledged that an effect-based system must include clear exemptions to avoid criminalising legitimate substances.
These would include:
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Medicines used for medical treatment
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Scientific and laboratory research substances
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Traditional and cultural practices
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Legal substances such as caffeine, alcohol, and regulated tobacco
“Not all psychoactive substances should be banned. Exemptions ensure the law strikes the right balance,” he said.
Such exemptions are standard in modern drug legislation internationally.
Commission Welcomes Ongoing Government Reform Efforts
The Commission commended the Ministry of Health and medical authorities for already working on broader reforms to modernise drug legislation.
Basia said the Commission’s proposal was intended to guide lawmakers toward a stronger and more resilient legal framework.
“What we present today is one possible pathway, an effect-based approach that can help the government build a future-proof legal framework,” he said.
He stressed that stronger legislation is essential to protect communities from the growing threat of synthetic drugs and transnational trafficking networks.
A Turning Point for Drug Law Reform
With the review of the Dangerous Drugs Act now underway, the Solomon Islands Law Reform Commission has recommended deeper structural amendments as Parliament considers major changes aimed at strengthening penalties and enforcement against drug offences.
However, the Law Reform Commission’s recommendations signify a deeper structural concern: without modernisation, tougher penalties alone may not be sufficient.
Instead, lawmakers are being urged to adopt legislation capable of evolving alongside the rapidly changing global drug trade.
“By banning substances based on their psychoactive effects rather than just their chemical names, we can close loopholes, strengthen enforcement, and better protect our communities,” Basia added.
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