Pharmacies faced problems due to sale of phenazepam, sales rules for which were tightened in March this year. Pharmacies cannot store it according to the new rules, while the manufacturers refuse to accept the leftovers, Kommersant and Vedomosti write.

Since March, phenazepam is considered to be a highly potent substance and is subject to itemized quantitative accounting. The Ministry of Health also clarified that the requirements for its storage are now similar to those that apply to narcotic and psychotropic drugs. Pharmacy chains must have a separate license to sell these drugs. Not more than 10% of all pharmacies in the country have it.

Pharmacy chains began to make returns on phenazepam and refuse to purchase new batches. However, not all distributors were ready to accept sold batches back due to lack of premises required for phenazepam storage, notes Vedomosti.

Pharmacies without a license should dispose of unsold batches of phenazepam, recommends A.T.Legal lawyer Lyubov Bozhenko. But the procedure has not yet been coordinated with the authorities, a pharmaceutical retailer told Kommersant. Only organizations with a special license, such as Moscow Endocrine Plant, can dispose of the drug.

Pharmaceutical retailers are concerned that they can be fined for violating the laws on circulation of medicines (Article 14.4.2 of the Code of Administrative Offences) or for doing business without a special permit (Article 14.1 of the Code of Administrative Offences), writes Kommersant. Regulatory authorities can also classify the violation as trafficking in potent or poisonous substances for the purpose of sale (Art. 234 of the Criminal Code), the maximum penalty under this article is eight years' imprisonment. According to DSM Group estimates, in 2020, 926.8 million packages of phenazepam were sold for just over 1 bln RUB.

For more information about the opinion of the head of A.T.Legal's Pharmaceuticals and Healthcare Department, click here.

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