| This
version of the Misuse of Drugs Act 1971 has been taken with kind permission from
the "Crack Cocaine in Camden" site whichwent offline in 2003. We could
not vouch for it's accuracy then and there have been many changes since. We are
unaware of an updated version which is publicly accessible online. |
Home
Office information on the Misuse of Drugs Act (Home Office website) here UKCIA
has transcribed the original act which is still available
for historical interest.. Please
consult a law professional for any questions on the legislation and interpretation
of drug laws! |
An Act to make new provision with respect to dangerous or otherwise harmful drugs
and related matters, and for purposes connected therewith.
|
| | s1 | The
Advisory Council on the Misuse of Drugs. | | |
(1)
(2)
(3)
(4) |
There shall
be constituted in accordance with Schedule 1 to this Act as Advisory Council on
the Misuse of Drugs (in this Act referred to as "the Advisory Council");
and the supplementary provisions contained in that Schedule shall have effect
in relation to the Council.
It shall be the duty of the Advisory Council to
keep under review the situation in the United Kingdom with respect to drugs which
are being or appear to them likely to be misused and of which the misuse is having
or appears to them capable of having harmful effects sufficient to constitute
a social problem, and to give to any one or more of the Ministers, where either
the Council consider it expedient to do so or they are consulted by the Minister
or Ministers in question, advice on measures (whether or not involving alteration
of the law) which in the opinion of the Council ought to be taken for preventing
the misuse of such drugs or dealing with social problems connected with their
misuse, and in particular on measures which in the opinion of the Council ought
to be taken:
(a) for restricting the availability of such drugs or supervising
the arrangements for their supply;
(b) for enabling persons affected by the
misuse of such drugs to obtain proper advice, and for securing the provision of
proper facilities and services for the treatment, rehabilitation and after-care
of such persons;
(c) for promoting co-operation between the various professional
and community services which in the opinion of the Council have a part to play
in dealing with social problems connected with the misuse of such drugs;
(d)
for educating the public (and in particular the young) in the dangers of misusing
such drugs, and for giving publicity to those dangers; and
(e) for promoting
research into, or otherwise obtaining information about, any matter which in the
opinion of the Council is of relevance for the purpose of preventing the misuse
of such drugs or dealing with any social problem connected with their misuse.
It shall also be the duty of the Advisory Council to consider any matter relating
to drug dependence or the misuse of drugs which may be referred to them by any
one or more of the Ministers and to advise the Minister or Ministers in question
thereon, and in particular to consider and advise the Secretary of State with
respect to any communication referred by him to the Council, being a communication
relating to the control of any dangerous or otherwise harmful drug made to Her
Majesty's Government in the United Kingdom by any organisation or authority established
by or under any treaty, convention or other agreement or arrangement to which
that Government is for the time being a party.
In this section "the Ministers"
means the Secretary of State for the Home Department, the Secretaries of State
respectively concerned with health in England, Wales and Scotland, the Secretaries
of State respectively concerned with education in England, Wales and Scotland,
the Minister of Home Affairs for Northern Ireland, the Minister of Health and
Social Services for Northern Ireland and the Minister of Education for Northern
Ireland. |
|
| s2 | Controlled
drugs and their classification for purposes of this Act. |
| | (1)
(2)
(3)
(4)
(5) |
In this Act:
(a) the expression "controlled drug" means any substance
or product for the time being specified in Part I, II, or III of Schedule 2 to
this Act; and
(b) the expressions "Class A drug", "Class B
drug" and "Class C drug" mean any of the substances and products
for the time being specified respectively in Part I, Part II and Part III of that
Schedule;
and the provisions of Part IV of that Schedule shall have effect
with respect to the meanings of expressions used in that Schedule.
Her Majesty
may by Order in Council make such amendments in Schedule 2 to this Act as may
be requisite for the purpose of adding any substance or product to, or removing
any substance or product from, any of Parts I to III of that Schedule, including
amendments for securing that no substance or product is for the time being specified
in a particular one of those Parts or for inserting any substance or product into
any of those Parts in which no substance or product is for the time being specified.
An Order in Council under this section may amend Part IV of Schedule 2 to this
Act, and may do so whether or not it amends any other Part of that Schedule.
An Order in Council under this section may be varied or revoked by a subsequent
Order in Council thereunder.
No recommendation shall be made to Her Majesty
in Council to make an Order under this section unless a draft of the Order has
been laid before Parliament and approved by a resolution of each House of Parliament;
and the Secretary of State shall not lay a draft of such an Order before Parliament
except after consultation with or on the recommendation of the Advisory Council. |
| | s3 | Restriction
of importation and exportation of controlled drugs. | | | (1)
(2) | Subject
to subsection (2) below:
(a) the importation of a controlled drug; and
(b) the exportation of a controlled drug,
are hereby prohibited.
Subsection
(1) above does not apply:
(a) to the importation or exportation of a controlled
drug which is for the time being excepted from paragraph (a) or, as the case may
be, paragraph (b) of subsection (1) above by regulations under section 7 of this
Act; or
(b) to the importation or exportation of a controlled drug under and
in accordance with the terms of a licence issued by the Secretary of State and
in compliance with any conditions attached thereto. |
| | s4 | Restriction
of production and supply of controlled drugs. | | | (1)
(2)
(3) |
Subject
to any regulations under section 7 of this Act for the time being in force, it
shall not be lawful for a person:
(a) to produce a controlled drug; or
(b) to supply or offer to supply a controlled drug to another.
Subject to
section 28 of this Act, it is an offence for a person:
(a) to produce a controlled
drug in contravention of subsection (1) above; or
(b) to be concerned in the
production of such a drug in contravention of that subsection by another.
Subject to section 28 of this Act, it is an offence for a person:
(a) to supply
or offer to supply a controlled drug to another in contravention of subsection
(1) above; or
(b) to be concerned in the supplying of such a drug to another
in contravention of that subsection; or
(c) to be concerned in the making
to another in contravention of that subsection of an offer to supply such a drug. |
| | s5 | Restriction
of possession of controlled drugs. | | | (1)
(2)
(3)
(4)
(5)
(6) |
Subject
to any regulations under section 7 of this Act for the time being in force, it
shall not be lawful for a person to have a controlled drug in his possession.
Subject to section 28 of this Act and to subsection (4) below, it is an offence
for a person to have a controlled drug in his possession in contravention of subsection
(1) above.
Subject to section 28 of this Act, it is an offence for a person
to have a controlled drug in his possession, whether lawfully or not, with intent
to supply it to another in contravention of section 4(1) of this Act.
In any
proceedings for an offence under subsection (2) above in which it is proved that
the accused had a controlled drug in his possession, it shall be a defence for
him to prove:
(a) that, knowing or suspecting it to be a controlled drug,
he took possession of it for the purpose of preventing another from committing
or continuing to commit an offence in connection with that drug and that as soon
as possible after taking possession of it he took all such steps as were reasonably
open to him to destroy the drug or to deliver it into the custody of a person
lawfully entitled to take custody of it; or
(b) that, knowing or suspecting
it to be a controlled drug, he took possession of it for the purpose of delivering
it into the custody of a person lawfully entitled to take custody of it and that
as soon as possible after taking possession of it he took all such steps as were
reasonably open to him to deliver it into the custody of such a person.
(Repealed
by Criminal Attempts Act 1981, Sch. Pt. I)
Nothing in subsection (4) above
shall prejudice any defence which it is open to a person charged with an offence
under this section to raise apart from that subsection. |
| | s6 | Restriction
of cultivation of cannabis plant. | | | (1)
(2) |
Subject to any regulations under section 7 of this Act for the time being in force,
it shall not be lawful for a person to cultivate any plant of the genus Cannabis.
Subject to section 28 of this Act, it is an offence to cultivate any such plant
in contravention of subsection (1) above. |
| | s7 | Authorisation
of activities otherwise unlawful under foregoing provisions. |
| | (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9) |
The Secretary
of State may by regulations:
(a) except from section 3(1)(a) or (b), 4(1)(a)
or (b) or 5(1) of this Act such controlled drugs as may be specified in the regulations;
and
(b) make such other provision as he thinks fit for the purpose of making
it lawful for persons to do things which under any of the following provisions
of this Act, that is to say sections 4(1), 5(1) and 6(1), it would otherwise be
unlawful for them to do.
Without prejudice to the generality of paragraph
(b) of subsection (1) above, regulations under that subsection authorising the
doing of any such thing as is mentioned in that paragraph may in particular provide
for the doing of that thing to be lawful:
(a) if it is done under and in accordance
with the terms of a licence or other authority issued by the Secretary of State
and in compliance with any conditions attached thereto; or
(b) if it is done
in compliance with such conditions as may be prescribed.
Subject to subsection
(4) below, the Secretary of State shall so exercise his power to make regulations
under subsection (1) above as to secure:
(a) that it is not unlawful under
section 4(1) of this Act for a doctor, dentist, veterinary practitioner or veterinary
surgeon, acting in his capacity as such, to prescribe, administer, manufacture,
compound or supply a controlled drug, or for a pharmacist or a person lawfully
conducting a retail pharmacy business, acting in either case in his capacity as
such, to manufacture, compound or supply a controlled drug; and
(b) that it
is not unlawful under section 5(1) of this Act for a doctor, dentist, veterinary
practitioner, veterinary surgeon, pharmacist or person lawfully conducting a retail
pharmacy business to have a controlled drug in his possession for the purpose
of acting in his capacity as such.
If in the case of any controlled drug the
Secretary of State is of the opinion that it is in the public interest:
(a)
for production, supply and possession of that drug to be either wholly unlawful
or unlawful except for purposes of research or other special purposes; or
(b) for it to be unlawful for practitioners, pharmacists and persons lawfully
conducting retail pharmacy businesses to do in relation to that drug any of the
things mentioned in subsection (3) above except under a licence or other authority
issued by the Secretary of State,
he may by order designate that drug as a
drug to which this subsection applies; and while there is in force an order under
this subsection designating a controlled drug as one to which this subsection
applies, subsection (3) above shall not apply as regards that drug.
Any order
under subsection (4) above may be varied or revoked by a subsequent order thereunder.
The power to make orders under subsection (4) above shall be exercisable by statutory
instrument, which shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
The Secretary of State shall not make any order
under subsection (4) above except after consultation with or on the recommendation
of the Advisory Council.
References in this section to a person's "doing"
things include references to his having things in his possession.
In its application
to Northern Ireland this section shall have effect as if for references to the
Secretary of State there were substituted references to the Ministry of Home Affairs
for Northern Ireland and as if for subsection (6) there were substituted:
"(6) Any order made under subsection (4) above by the Ministry of Home Affairs
for Northern Ireland shall be subject to negative resolution within the meaning
of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if it were
a statutory instrument within the meaning of that Act." |
| | s8 | Occupiers
etc. of premises to be punishable for permitting certain activities to take place
there. | | | |
A person
commits an offence if, being the occupier or concerned in the management of any
premises, he knowingly permits or suffers any of the following activities to take
place on those premises, that is to say:
(a) producing or attempting to produce
a controlled drug in contravention of section 4(1) of this Act;
(b) supplying
or attempting to supply a controlled drug to another in contravention of section
4(1) of this Act, or offering to supply a controlled drug to another in contravention
of section 4(1);
(c) preparing opium for smoking;
(d) smoking cannabis,
cannabis resin or prepared opium. |
| | s9 | Prohibition
of certain activities etc. relating to opium. | | | |
Subject
to section 28 of this Act, it is an offence for a person:
(a) to smoke or
otherwise use prepared opium; or
(b) to frequent a place used for the purpose
of opium smoking; or
(c) to have in his possession:
(i) any pipes or other
utensils made or adapted for use in connection with the smoking of opium, being
pipes or utensils which have been used by him or with his knowledge and permission
in that connection or which he intends to use or permit others to use in that
connection; or
(ii) any utensils which have been used by him or with his knowledge
and permission in connection with the preparation of opium for smoking. |
| | s9A | Prohibition
of supply etc. of articles for administering or preparing controlled drugs.
| | | (1)
(2)
(3)
(4)
(5) |
A person
who supplies or offers to supply any article which may be used or adapted to be
used (whether by itself or in combination with another article or other articles)
in the administration by any person of a controlled drug to himself or another,
believing that the article (or the article as adapted) is to be so used in circumstances
where the administration is unlawful, is guilty of an offence.
It is not an
offence under subsection (1) above to supply or offer to supply a hypodermic syringe,
or any part of one.
A person who supplies or offers to supply any article
which may be used to prepare a controlled drug for administration by any person
to himself or another believing that the article is to be so used in circumstances
where the administration is unlawful is guilty of an offence.
For the purposes
of this section, any administration of a controlled drug is unlawful except:
(a) the administration by any person of a controlled drug to another in circumstances
where the administration of the drug is not unlawful under section 4(1) of this
Act, or
(b) the administration by any person of a controlled drug to himself
in circumstances where having the controlled drug in his possession is not unlawful
under section 5(1) of this Act.
In this section, references to administration
by any person of a controlled drug to himself include a reference to his administering
it to himself with the assistance of another. | | (s9A
was inserted by the Drug Trafficking Offences Act 1986, s34(1)) |
| | s10 | Power
to make regulations for preventing misuse of controlled drugs. |
| | (1)
(2) | Subject
to the provisions of this Act, the Secretary of State may by regulations make
such provision as appears to him necessary or expedient for preventing the misuse
of controlled drugs.
Without prejudice to the generality of subsection (1)
above, regulations under this section may in particular make provision:
(a)
for requiring precautions to be taken for the safe custody of controlled drugs;
(b) for imposing requirements as to the documentation of transactions involving
controlled drugs, and for requiring copies of documents relating to such transactions
to be furnished to the prescribed authority;
(c) for requiring the keeping
of records and the furnishing of information with respect to controlled drugs
in such circumstances and in such manner as may be prescribed;
(d) for the
inspection of any precautions taken or records kept in pursuance of regulations
under this section;
(e) as to the packaging and labelling of controlled drugs;
(f) for regulating the transport of controlled drugs and the methods used for
destroying or otherwise disposing of such drugs when no longer required;
(g)
for regulating the issue of prescriptions containing controlled drugs and the
supply of controlled drugs on prescriptions, and for requiring persons issuing
or dispensing prescriptions containing such drugs to furnish to the prescribed
authority such information relating to those prescriptions as may be prescribed;
(h) for requiring any doctor who attends a person who he considers, or has reasonable
grounds to suspect, is addicted (within the meaning of the regulations) to controlled
drugs of any description to furnish to the prescribed authority such particulars
with respect to that person as may be prescribed;
(i) for prohibiting any
doctor from administering, supplying and authorising the administration and supply
to persons so addicted, and from prescribing for such persons, such controlled
drugs as may be prescribed, except under and in accordance with the terms of a
licence issued by the Secretary of State in pursuance of the regulations. |
| | s11 | Power
to direct special precautions for safe custody of controlled drugs to be taken
at certain premises. | | | (1)
(2) |
Without
prejudice to any requirement imposed by regulations made in pursuance of section
10(2)(a) of this Act, the Secretary of State may by notice in writing served on
the occupier of any premises on which controlled drugs are or are proposed to
be kept give directions as to the taking of precautions or further precautions
for the safe custody of any controlled drugs of a description specified in the
notice which are kept on those premises.
It is an offence to contravene any
directions given under subsection (1) above. |
| | s12 | Directions
prohibiting prescribing, supply etc. of controlled drugs by practitioners etc.
convicted of certain offences. | | | (1)
(2)
(3)
(4)
(5)
(6) | Where
a person who is a practitioner or pharmacist has after the coming into operation
of this subsection been convicted:
(a) of an offence under this Act or under
the Dangerous Drugs Act 1965 or any enactment repealed by that Act; or
(b)
of an offence under section 45, 56 or 304 of the Customs and Excise Act 1952 or
under section 50, 68 or 170 of the Customs and Excise Management Act 1979 in connection
with a prohibition of or restriction on importation or exportation of a controlled
drug having effect by virtue of section 3 of this Act or which has effect by virtue
of any provision contained in or repealed by the Dangerous Drugs Act 1965,
(c) of an offence under section 12 or 13 of the Criminal Justice (International
Co-operation) Act 1990;
the Secretary of State may give a direction under
subsection (2) below in respect of that person.
A direction under this subsection
in respect of a person shall:
(a) if that person is a practitioner, be a direction
prohibiting him from having in his possession, prescribing administering, manufacturing,
compounding and supplying and from authorising the administration and supply of
such controlled drugs as may be specified in the direction;
(b) if that person
is a pharmacist, be a direction prohibiting him from having in his possession,
manufacturing, compounding and supplying and from supervising and controlling
the manufacture, compounding and supply of such controlled drugs as may be specified
in the direction.
The Secretary of State may at any time give a direction
cancelling or suspending any direction given by him under subsection (2) above,
or cancelling any direction of his under this subsection by which a direction
so given is suspended.
The Secretary of State shall cause a copy of any direction
given by him under this section to be served on the person to whom it applies,
and shall cause notice of any such direction to be published in the London, Edinburgh
and Belfast Gazettes.
A direction under this section shall take effect when
a copy of it is served on the person to whom it applies.
It is an offence
to contravene a direction given under subsection (2) above. |
| | s13 | Directions
prohibiting prescribing, supply etc. of controlled drugs by practitioners in other
cases. | | | (1)
(2)
(3) |
In the event of a contravention by a doctor of regulations made in pursuance of
paragraph (h) or (i) of section 10(2) of this Act, or of the terms of a licence
issued under regulations made in pursuance of the said paragraph (i), the Secretary
of State may, subject to and in accordance with section 14 of this Act, give a
direction in respect of the doctor concerned prohibiting him from prescribing,
administering and supplying and from authorising the administration and supply
of such controlled drugs as may be specified in the direction.
If the Secretary
of State is of the opinion that a practitioner is or has after the coming into
operation of this subsection been prescribing, administering or supplying or authorising
the administration or supply of any controlled drugs in an irresponsible manner,
the Secretary of State may, subject to and in accordance with section 14 or 15
of this Act, give a direction in respect of the practitioner concerned prohibiting
him from prescribing, administering and supplying and from authorising the administration
and supply of such controlled drugs as may be specified in the direction.
A contravention such as is mentioned in subsection (1) above does not as such
constitute an offence, but it is an offence to contravene a direction given under
subsection (1) or (2) above. |
| | s14 |
Investigation where grounds for a direction under s. 13 are considered to exist.
| | | (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
| If
the Secretary of State considers that there are grounds for giving a direction
under subsection (1) of section 13 of this Act on account of such a contravention
by a doctor as is there mentioned, or for giving a direction under subsection
(2) of that section on account of such conduct by a practitioner as is mentioned
in the said subsection (2), he may refer the case to a tribunal constituted for
the purpose in accordance with the following provisions of this Act; and it shall
be the duty of the tribunal to consider the case and report on it to the Secretary
of State.
In this Act "the respondent", in relation to a reference
under this Section, means the doctor or other practitioner in respect of whom
the reference is made.
Where:
(a) in the case of a reference relating
to the giving of a direction under the said subsection (1), the tribunal finds
that there has been no such contravention as aforesaid by the respondent or finds
that there has been such a contravention but does not recommend the giving of
a direction under that subsection in respect of the respondent; or
(b) in
the case of a reference relating to the giving of a direction under the said subsection
(2), the tribunal finds that there has been no such conduct as aforesaid by the
respondent or finds that there has been such conduct by the respondent but does
not recommend the giving of a direction under the said subsection (2) in respect
of him,
the Secretary of State shall cause notice to that effect to be served
on the respondent.
Where the tribunal finds:
(a) in the case of a reference
relating to the giving of a direction under the said subsection (1), that there
has been such a contravention as aforesaid by the respondent; or
(b) in the
case of a reference relating to the giving or a direction under the said subsection
(2), that there has been such conduct as aforesaid by the respondent,
and
considers that a direction under the subsection in question should be given in
respect of him, the tribunal shall include in its report a recommendation to that
effect indicating the controlled drugs which it considers should be specified
in the direction or indicating that the direction should specify all controlled
drugs.
Where the tribunal makes such a recommendation as aforesaid, the Secretary
of State shall cause a notice to be served on the respondent stating whether or
not he proposes to give a direction pursuant thereto, and where he does so propose
the notice shall:
(a) set out the terms of the proposed direction; and
(b) inform the respondent that consideration will be given to any representations
relating to the case which are made by him in writing to the Secretary of State
within the period of twenty-eight days beginning with the date of service of the
notice.
If any such representations are received by the Secretary of State
within the period aforesaid, he shall refer the case to an advisory body constituted
for the purpose in accordance with the following provisions of this Act; and it
shall be the duty of the advisory body to consider the case and to advise the
Secretary of State as to the exercise of his powers under subsection (7) below.
After the expiration of the said period of twenty-eight days and, in the case
of a reference to an advisory body under subsection (6) above, after considering
the advice of that body, the Secretary of State may either:
(a) give in respect
of the respondent a direction under subsection (1) or, as the case may be, subsection
(2) of section 13 of this Act specifying all or any of the controlled drugs indicated
in the recommendation of the tribunal; or
(b) order that the case be referred
back to the tribunal, or referred to another tribunal constituted as aforesaid;
or
(c) order that no further proceedings under this section shall be taken
in the case.
Where a case is referred or referred back to a tribunal in pursuance
of subsection (7) above, the provisions of subsections (2) to (7) above shall
apply as if the case had been referred to the tribunal in pursuance of subsection
(1) above, and any finding, recommendation or advice previously made or given
in respect of the case in pursuance of those provisions shall be disregarded. |
| | s15 |
Temporary directions under s. 13(2). | | | (1)
(2)
(3)
(4)
(5)
(6)
(7)
| If
the Secretary of State considers that there are grounds for giving a direction
under subsection (2) of section 13 of this Act in respect of a practitioner on
account of such conduct by him as is mentioned in that subsection and that the
circumstances of the case require such a direction to be given with the minimum
of delay, he may, subject to the following provisions of this section, give such
a direction in respect of him by virtue of this section; and a direction under
section 13(2) given by virtue of this section may specify such controlled drugs
as the Secretary of State thinks fit.
Where the Secretary of State proposes
to give such a direction as aforesaid by virtue of this section, he shall refer
the case to a professional panel constituted for the purpose in accordance with
the following provisions of this Act; and
(a) it shall be the duty of the
panel, after affording the respondent an opportunity of appearing before and being
heard by the panel, to consider the circumstances of the case, so far as known
to it, and to report to the Secretary of State whether the information before
the panel appears to it to afford reasonable grounds for thinking that there has
been such conduct by the respondent as is mentioned in section 13(2) of this Act;
and
(b) the Secretary of State shall not by virtue of this section give such
a direction as aforesaid in respect of the respondent unless the panel reports
that the information before it appears to it to afford reasonable grounds for
so thinking.
In this Act "the respondent", in relation to a reference
under subsection (2) above, means the practitioner in respect of whom the reference
is made.
Where the Secretary of State gives such a direction as aforesaid
by virtue of this section he shall, if he has not already done so, forthwith refer
the case to a tribunal in accordance with section 14(1) of this Act.
Subject
to subsection (6) below, the period of operation of a direction under section
13(2) of this Act given by virtue of this section shall be a period of six weeks
beginning with the date on which the direction takes effect.
Where a direction
under section 13(2) of this Act has been given in respect of a person by virtue
of this section and the case has been referred to a tribunal in accordance with
section 14(1), the Secretary of State may from time to time, by notice in writing
served on the person to whom the direction applies, extend or further extend the
period of operation of the direction for a further twenty-eight days from the
time when that period would otherwise expire, but shall not so extend or further
extend that period without the consent of that tribunal, or, if the case has been
referred to another tribunal in pursuance of section 14(7) of this Act, of that
other tribunal.
A direction under section 13(2) of this Act given in respect
of a person by virtue of this section shall (unless previously cancelled under
section 16(3) of this Act) cease to have effect on the occurrence of any of the
following events, that is to say:
(a) the service on that person of a notice
under section 14(3) of this Act relating to his case;
(b) the service on that
person of a notice under section 14(5) of this Act relating to his case stating
that the Secretary of State does not propose to give a direction under section
13(2) of this Act pursuant to a recommendation of the tribunal that such a direction
should be given;
(c) the service on that person of a copy of such a direction
given in respect of him in pursuance of section 14(7) of this Act;
(d) the
making of an order by the Secretary of State in pursuance of section 14(7) that
no further proceedings under section 14 shall be taken in the case;
(e) the
expiration of the period of operation of the direction under section 13(2) given
by virtue of this section. |
| | s16 | Provisions
supplementary to ss. 14 and 15. | | | (1)
(2)
(3)
(4) |
The provisions of Schedule 3 to this Act shall have effect with respect to the
constitution and procedure of any tribunal, advisory body or professional panel
appointed for the purposes of section 14 or 15 of this Act, and with respect to
the other matters there mentioned.
The Secretary of State shall cause a copy
of any order or direction made or given by him in pursuance of section 14(7) of
this Act or any direction given by him by virtue of the said section 15 to be
served on the person to whom it applies and shall cause notice of any such direction,
and a copy of any notice served under section 15(6) of this Act, to be published
in the London, Edinburgh and Belfast Gazettes.
The Secretary of State may
at any time give a direction:
(a) cancelling or suspending any direction given
by him in pursuance of section 14(7) of this Act or cancelling any direction of
his under this subsection by which a direction so given is suspended; or
(b)
cancelling any direction given by him by virtue of section 15 of this Act,
and shall cause a copy of any direction of his under this subsection to be served
on the person to whom it applies and notice of it to be published as aforesaid.
A direction given under section 13(1) or (2) of this Act or under subsection (3)
above shall take effect when a copy of it is served on the person to whom it applies. |
| | s17 | Power
to obtain information from doctors, pharmacists etc. in certain circumstances.
| | | (1)
(2)
(3)
(4)
(5)
| If
it appears to the Secretary of State that there exists in any area in Great Britain
a social problem caused by the extensive misuse of dangerous or otherwise harmful
drugs in that area, he may by notice in writing served on any doctor or pharmacist
practising in or in the vicinity of that area, or on any person carrying on a
retail pharmacy business within the meaning of the Medicines Act 1968 at any premises
situated in or in the vicinity of that area, require him to furnish to the Secretary
of State, with respect to any such drugs specified in the notice and as regards
any period so specified, such particulars as may be so specified relating to the
quantities in which and the number and frequency of the occasions on which those
drugs:
(a) in the case of a doctor, were prescribed, administered or supplied
by him;
(b) in the case of a pharmacist, were supplied by him; or
(c)
in the case of a person carrying on a retail pharmacy business, were supplied
in the course of that business at any premises so situated which may be specified
in the notice.
A notice under this section may require any such particulars
to be furnished in such manner and within such time as may be specified in the
notice and, if served on a pharmacist or person carrying on a retail pharmacy
business, may require him to furnish the names and addresses of doctors on whose
prescriptions any dangerous or otherwise harmful drugs to which the notice relates
were supplied, but shall not require any person to furnish any particulars relating
to the identity of any person for or to whom any such drug has been prescribed,
administered or supplied.
A person commits an offence if without reasonable
excuse (proof of which shall lie on him) he fails to comply with any requirement
to which he is subject by virtue of subsection (1) above.
A person commits
an offence if in purported compliance with a requirement imposed under this section
he gives any information which he knows to be false in a material particular or
recklessly gives any information which is so false.
In its application to
Northern Ireland this section shall have effect as if for the references to Great
Britain and the Secretary of State there were substituted respectively references
to Northern Ireland and the Ministry of Home Affairs for Northern Ireland. |
| | s18 |
Miscellaneous offences. | | |
(1)
(2)
(3)
(4) | It
is an offence for a person to contravene any regulations made under this Act other
than regulations made in pursuance of section 10(2)(h) or (i).
It is an offence
for a person to contravene a condition or other term of a licence issued under
section 3 of this Act or of a licence or other authority issued under regulations
made under this Act, not being a licence issued under regulations made in pursuance
of section 10(2)(i).
A person commits an offence if, in purported compliance
with any obligation to give information to which he is subject under or by virtue
of regulations made under this Act, he gives any information which he knows to
be false in a material particular or recklessly gives any information which is
so false.
A person commits an offence if, for the purpose of obtaining, whether
for himself or another, the issue or renewal of a licence or other authority under
this Act or under any regulations made under this Act, he:
(a) makes any statement
or gives any information which he knows to be false in a material particular or
recklessly gives any information which is so false; or
(b) produces or otherwise
makes use of any book, record or other document which to his knowledge contains
any statement or information which he knows to be false in a material particular. |
| | s19 | Attempts
etc. to commit offences. | | | It
is an offence for a person to incite another to commit such an offence. |
| | s20 | Assisting
in or inducing commission outside United Kingdom of offence punishable under a
corresponding law. | | |
A person
commits an offence if in the United Kingdom he assists in or induces the commission
in any place outside the United Kingdom of an offence punishable under the provisions
of a corresponding law in force in that place. |
| s
21 | Offences
by corporations. | | |
Where any
offence under this Act or Part II of the Criminal Justice (International Co-operation)
Act 1990 or section 49 of the Drug Trafficking Act 1994 or Article 47 of the Proceeds
of Crime (Northern Ireland) Order 1996 committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager, secretary or other similar
officer of the body corporate, or any person purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and shall be
liable to be proceeded against accordingly. |
| | s22 | Further
powers to make regulations. | | |
The Secretary
of State may by regulations make provision:
(a) for excluding in such cases
as may be prescribed:
(i) the application of any provision of this Act which
creates an offence; or
(ii) the application of any of the following provisions
of the Customs and Excise Management Act 1979, that is to say, sections 50(1)
to (4), 68(2) and (3) and 170, in so far as they apply in relation to a prohibition
or restriction on importation or exportation having effect by virtue of section
3 of this Act;
(b) for applying any of the provisions of sections 14 to 16
of this Act and Schedule 3 thereto, with such modifications (if any) as may be
prescribed:
(i) in relation to any proposal by the Secretary of State to give
a direction under section 12(2) of this Act; or
(ii) for such purposes of
regulations under this Act as may be prescribed;
(c) for the application of
any of the provisions of this Act or regulations or orders thereunder to servants
or agents of the Crown, subject to such exceptions, adaptations and modifications
as may be prescribed. |
|
| s23 | Powers
to search and obtain evidence. | | |
(1)
(2)
(3)
(3A)
(4)
(5)
| A
constable or other person authorised in that behalf by a general or special order
of the Secretary of State (or in Northern Ireland either of the Secretary of State
or the Ministry of Home Affairs for Northern Ireland) shall, for the purposes
of the execution of this Act, have power to enter the premises of a person carrying
on business as a producer or supplier of any controlled drugs and to demand the
production of, and to inspect, any books or documents relating to dealings in
any such drugs and to inspect any stocks of any such drugs.
If a constable
has reasonable grounds to suspect that any person is in possession of a controlled
drug in contravention of this Act or of any regulations made thereunder, the constable
may:
(a) search that person, and detain him for the purpose of searching him;
(b) search any vehicle or vessel in which the constable suspects that the drug
may be found, and for that purpose require the person in control of the vehicle
or vessel to stop it;
(c) seize and detain, for the purposes of proceedings
under this Act, anything found in the course of the search which appears to the
constable to be evidence of an offence under this Act.
In this subsection
"vessel" includes a hovercraft within the meaning of the Hovercraft
Act 1968; and nothing in this subsection shall prejudice any power of search or
any power to seize or detain property which is exercisable by a constable apart
from this subsection.
If a justice of the peace (or in Scotland a justice
of the peace, a magistrate or a sheriff) is satisfied by information on oath that
there is reasonable ground for suspecting:
(a) that any controlled drugs are,
in contravention of this Act or of any regulations made thereunder, in the possession
of a person on any premises; or
(b) that a document directly or indirectly
relating to, or connected with, a transaction or dealing which was, or an intended
transaction or dealing which would if carried out be, an offence under this Act,
or in the case of a transaction or dealing carried out or intended to be carried
out in a place outside the United Kingdom, an offence against the provisions of
a corresponding law in force in that place, is in the possession of a person on
any premises,
he may grant a warrant authorising any constable acting for
the police area in which the premises are situated at any time or times within
one month from the date of the warrant, to enter, if need be by force, the premises
named in the warrant, and to search the premises and any persons found therein
and, if there is reasonable ground for suspecting that an offence under this Act
has been committed in relation to any controlled drugs found on the premises or
in the possession of any such persons, or that a document so found is such a document
as is mentioned in paragraph (b) above, to seize and detain those drugs or that
document, as the case may be.
The powers conferred by subsection (1) above
shall be exercisable also for the purposes of the execution of Part II of the
Criminal Justice (International Co-operation) Act 1990 or section 49 of the Drug
Trafficking Act 1994 or Article 47 of the Proceeds of Crime (Northern Ireland)
Order 1996 and subsection (3) above (excluding paragraph (a)) shall apply also
to offences under section 12 or 13 of that Act of 1990, taking references in those
provisions to controlled drugs as references to scheduled substances within the
meaning of that Part.
A person commits an offence if he:
(a) intentionally
obstructs a person in the exercise of his powers under this section; or
(b)
conceals from a person acting in the exercise of his powers under subsection (1)
above any such books, documents, stocks or drugs as are mentioned in that subsection;
or
(c) without reasonable excuse (proof of which shall lie on him) fails to
produce any such books or documents as are so mentioned where their production
is demanded by a person in the exercise of his powers under that subsection.
In its application to Northern Ireland subsection (3) above shall have effect
as if the words "acting for the police area in which the premises are situated"
were omitted. |
|
| s24 | In
relation to England and Wales: s.24 is repealed |
| | s25 | Prosecution
and punishment of offences. | | |
(1)
(2)
(3)
(4)
(5)
(6)
| Schedule
4 to this Act shall have effect, in accordance with subsection (2) below, with
respect to the way in which offences under this Act are punishable on conviction.
In relation to an offence under a provision of this Act specified in the first
column of the Schedule (the general nature of the offence being described in the
second column):
(a) the third column shows whether the offence is punishable
on summary conviction or on indictment or in either way;
(b) the fourth, fifth
and sixth columns show respectively the punishments which may be imposed on a
person convicted of the offence in the way specified in relation thereto in the
third column (that is to say, summarily or on indictment) according to whether
the controlled drug in relation to which the offence was committed was a Class
A drug, a Class B drug or a Class C drug; and
(c) the seventh column shows
the punishments which may be imposed on a person convicted of the offence in the
way specified in relation thereto in the third column (that is to say, summarily
or on indictment), whether or not the offence was committed in relation to a controlled
drug and, if it was so committed, irrespective of whether the drug was a Class
A drug, a Class B drug or a Class C drug;
and in the fourth, fifth, sixth
and seventh columns a reference to a period gives the maximum term of imprisonment
and a reference to a sum of money the maximum fine.
An offence under section
19 of this Act shall be punishable on summary conviction, on indictment or in
either way according to whether, under Schedule 4 to this Act, the substantive
offence is punishable on summary conviction, in indictment or in either way; and
the punishments which may be imposed on a person convicted of an offence under
that section are the same as those which, under that Schedule, may be imposed
on a person convicted of the substantive offence.
In this subsection "the
substantive offence" means the offence under this Act to which the incitement
mentioned in section 19 was directed.
Notwithstanding anything in section
127(1) of the Magistrates' Courts Act 1980, a magistrates' court in England and
Wales may try an information for an offence under this Act if the information
was laid at any time within twelve months from the commission of the offence.
(Applies to Scotland only) Notwithstanding anything in section 331 of the Criminal
Procedure (Scotland) Act 1975 (limitation of time for proceedings in statutory
offences) summary proceedings in Scotland for an offence under this Act may by
commenced at any time within twelve months from the time when the offence was
committed, and subsection (2) of the said section 23 shall apply for the purposes
of this subsection as it applies for the purposes of that section.
Notwithstanding
anything in section 34 of the Magistrates' Courts Act (Northern Ireland) 1964,
a magistrates' court in Northern Ireland may hear and determine a complaint for
an offence under section 17(3) of this Act if the complaint was made at any time
within twelve months from the commission of the offence. |
| | s26 | Repealed
by Customs and Excise Management Act 1979, Sch 6 Pt. I. |
| | s27 | Forfeiture. |
| | (1)
(2)
|
Subject
to subsection (2) below, the court by or before which a person is convicted of
an offence under this Act or a drug trafficking offence, as defined in section
1(3) of the Drug Trafficking Act 1994 or an offence to which section 1 of the
Criminal Justice (Scotland) Act 1987 relates may order anything shown to the satisfaction
of the court to relate to the offence, to be forfeited and either destroyed or
dealt with in such other manner as the court may order.
The court shall not
order anything to be forfeited under this section, where a person claiming to
be the owner of or otherwise interested in it applies to be heard by the court,
unless an opportunity has been given to him to show cause why the order should
not be made. |
|
| s28 | Proof
of lack of knowledge etc. to be a defence in proceedings for certain offences. |
| | (1)
(2)
(3)
(4)
|
This section
applies to offences under any of the following provisions of this Act, that is
to say section 4(2) and (3), section 5(2) and (3), section 6(2) and section 9.
Subject to subsection (3) below, in any proceedings for an offence to which this
section applies it shall be a defence for the accused to prove that he neither
knew of nor suspected nor had reason to suspect the existence of some fact alleged
by the prosecution which it is necessary for the prosecution to prove if he is
to be convicted of the offence charged.
Where in any proceedings for an offence
to which this section applies it is necessary, if the accused is to be convicted
of the offence charged, for the prosecution to prove that some substance or product
involved in the alleged offence was the controlled drug which the prosecution
alleges it to have been, and it is proved that the substance or product in question
was that controlled drug, the accused:
(a) shall not be acquitted of the offence
charged by reason only of proving that he neither knew nor suspected nor had reason
to suspect that the substance or product in question was the particular controlled
drug alleged; but
(b) shall be acquitted thereof:
(i) if he proves that
he neither believed nor suspected nor had reasons to suspect that the substance
or product in question was a controlled drug; or
(ii) if he proves that he
believed the substance or product in question to be a controlled drug, or a controlled
drug of a description, such that, if it had in fact been that controlled drug
or a controlled drug of that description, he would not at the material time have
been committing any offence to which this section applies.
Nothing in this
section shall prejudice any defence which it is open to a person charged with
an offence to which this section applies to raise apart from this section. |
| | s29 | Service
of documents. | | | (1)
(2)
(3)
(4) |
Any notice
or other document required or authorised by any provision of this Act to be served
on any person may be served on him either by delivering it to him or by leaving
it at his proper address or by sending it by post.
Any notice or other document
so required or authorised to be served on a body corporate shall be duly served
if it is served on the secretary or clerk of that body.
For the purposes of
this section, and of section 7 of the Interpretation Act 1978 in its application
to this section, the proper address of any person shall, in the case of the secretary
or clerk of a body corporate, be that of the registered or principal office of
that body, and in any other case shall be the last address of the person to be
served which is known to the Secretary of State.
Where any of the following
documents, that is to say:
(a) a notice under section 11(1) or section 15(6)
of this Act; or
(b) a copy of a direction given under section 12(2), section
13(1) or (2) or section 16(3) of this Act,
is served by sending it by registered
post or by the recorded delivery service, service thereof shall be deemed to have
been effected at the time when the letter containing it would be delivered in
the ordinary course of post; and so much of section 7 of the Interpretation Act
1978 as relates to the time when service by post is deemed to have been effected
shall not apply to such a document if it is served by so sending it. |
| | s30 | Licences
and authorities. | | |
A licence
or other authority issued by the Secretary of State for purposes of this Act or
of regulations made under this Act may be, to any degree, general or specific,
may be issued on such terms and subject to such conditions (including, in the
case of a licence, the payment of a prescribed fee) as the Secretary of State
thinks proper, and may be modified or revoked by him at any time. |
| | s31 | General
provisions as to regulations. | | | (1)
(2)
(3)
(4)
| Regulations
made by the Secretary of State under any provision of this Act:-
(a) may make
different provision in relation to different controlled drugs, different classes
of persons, different provisions of this Act or other different cases or circumstances;
and
(b) may make the opinion, consent or approval of a prescribed authority
or of any person authorised in a prescribed manner material for purposes of any
provision of the regulations; and
(c) may contain such supplementary, incidental
and transitional provisions as appear expedient to the Secretary of State.
Any power of the Secretary of State to make regulations under this Act shall be
exercisable by statutory instrument, which shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
The Secretary of State shall
not make any regulations under this Act except after consultation with the Advisory
Council.
In its application to Northern Ireland this section shall have effect
as if for references to the Secretary of State there were substituted references
to the Ministry of Home Affairs for Northern Ireland and as if for subsection
(2) there were substituted:
"(2) Any regulations made under this Act
by the Ministry of Home Affairs for Northern Ireland shall be subject to negative
resolution within the meaning of section 41(6) of the Interpretation Act (Northern
Ireland) 1954 as if they were a statutory instrument within the meaning of that
Act." |
|
| s31 | Research. |
| |
The Secretary
of State may conduct or assist in conducting research into any matter relating
to the misuse of dangerous or otherwise harmful drugs. |
| | s33 | Repealed
by Extradition Act 1989, s. 37, Sch. 2 |
| | s34 | Repealed
by Domestic Proceedings and Magistrates' Courts Act 1978, Sch. 3 |
| | s35 |
Financial provisions. | | | There
shall be defrayed out of moneys provided by Parliament:
(a) any expenses incurred
by the Secretary of State under or in consequence of the provisions of this Act
other than section 32; and
(b) any expenses incurred by the Secretary of State
with the consent of the Treasury for the purposes of his functions under that
section. |
|
| s36 |
Meaning of "corresponding law", and evidence of certain matters by certificate.
| | | (1)
(2)
| In
this Act the expression "corresponding law" means a law stated in a
certificate purporting to be issued by or on behalf of the government of a country
outside the United Kingdom to be a law providing for the control and regulation
in that country of the production, supply, use, export and import of drugs and
other substances in accordance with the provisions of the Single Convention on
Narcotic Drugs signed at New York on 30th March 1961 or a law providing for the
control and regulation in that country of the production, supply, use, export
and import of dangerous or otherwise harmful drugs in pursuance of any treaty,
convention or other agreement or arrangement to which the government of that country
and Her Majesty's Government in the United Kingdom are for the time being parties.
A statement in any such certificate as aforesaid to the effect that any facts
constitute an offence against the law mentioned in the certificate shall be evidence,
and in Scotland sufficient evidence, of the matters stated.
|
| | s37 | Interpretation. |
| | (1)
(2)
(3)
(4)
(5) |
In this
Act, except in so far as the context otherwise requires, the following expressions
have the meanings hereby assigned to them respectively, that is to say::
"the
Advisory Council" means the Advisory Council on the Misuse of Drugs established
under this Act;
"cannabis" (except in the expression "cannabis
resin") means any plant of the genus Cannabis or any part of any such plant
(by whatever name designated) except that it does not include cannabis resin or
any of the following products after separation from the rest of the plant, namely:
(a) mature stalk of any such plant.
(b) fibre produced from mature stalk of
any such plant, and
(c) seed of any such plant;
"cannabis resin"
means the separated resin, whether crude or purified, obtained from any plant
of the genus Cannabis;
"contravention" includes failure to comply,
and "contravene" has a corresponding meaning;
"controlled drug"
has the meaning assigned by section 2 of this Act;
"corresponding law"
has the meaning assigned by section 36(1) of this Act;
"dentist"
means a person registered in the dentists register under the Dentists Act 1984
or entered in the list of visiting [EEA practitioners] [FN1] under Schedule 4
to that Act;
'doctor' means a registered medical practitioner within the meaning
of Schedule 1 to the Interpretation Act 1978
"enactment" includes
an enactment of the Parliament of Northern Ireland;
"person lawfully
conducting a retail pharmacy business", subject to subsection (5) below,
means a person lawfully conducting such a business in accordance with section
69 of the Medicines Act 1968;
"pharmacist" has the same meaning
as in the Medicines Act 1968;
"practitioner" (except in the expression
"veterinary practitioner") means a doctor, dentist, veterinary practitioner
or veterinary surgeon;
"prepared opium" means opium prepared for
smoking and includes dross and any other residues remaining after opium has been
smoked;
"prescribed" means prescribed by regulations made by the
Secretary of State under this Act;
"produce", where the reference
is to producing a controlled drug, means producing it by manufacture, cultivation
or any other method, and "production" has a corresponding meaning;
"supplying" including distributing;
"veterinary practitioner"
means a person registered in the supplementary veterinary register kept under
section 8 of the Veterinary Surgeons Act 1966;
"veterinary surgeon"
means a person registered in the register of veterinary surgeons kept under section
2 of the Veterinary Surgeons Act 1966.
References in this Act to misusing
a drug are references to misusing it by taking it; and the reference in the foregoing
provision to the taking of a drug is a reference to the taking of it by a human
being by way of any form of self- administration, whether or not involving assistance
by another.
For the purposes of this Act the things which a person has in
his possession shall be taken to include any thing subject to his control which
is in the custody of another.
(4) Except in so far as the context otherwise
requires, any reference in this Act to an enactment shall be construed as a reference
to that enactment as amended or extended by or under any other enactment.
(5) So long as sections 8 to 10 of the Pharmacy and Poisons Act 1933 remain in
force, this Act in its application to Great Britain shall have effect as if for
the definition of "person lawfully conducting a retail pharmacy business"
in subsection (1) above there were substituted:
""person lawfully
conducting a retail pharmacy business" means an authorised seller of poisons
within the meaning of the Pharmacy and Poisons Act 1933;" |
| | s38 | Special
provisions as to Northern Ireland. | | |
(1)
(2)
(3)
(4)
| In
the application of this Act to Northern Ireland, for any reference to the Secretary
of State (except in sections 1, 2, 7, 17, 23(1), 31, 35, 39(3) and 40(3) and Schedules
1 and 3) there shall be substituted a reference to the Ministry of Home Affairs
for Northern Ireland.
Nothing in this Act shall authorise any department of
the Government of Northern Ireland to incur any expenses attributable to the provisions
of this Act until provision has been made by the Parliament of Northern Ireland
for those expenses to be defrayed out of moneys provided by that Parliament; and
no expenditure shall be incurred by the Ministry of Home Affairs for Northern
Ireland for the purposes of its functions under section 32 of this Act except
with the consent of the Ministry of Finance for Northern Ireland.
Repealed
Without prejudice to section 37(4) of this Act, any reference in this Act
to an enactment of the Parliament of Northern Ireland includes a reference to
any enactment re-enacting it with or without modifications. |
| | s39 |
Savings and transitional provisions, repeals, and power to amend local enactments.
| | |
(1)
(2)
(3)
| The
savings and transitional provisions contained in Schedule 5 to this Act shall
have effect.
The enactments mentioned in Schedule 6 to this Act are hereby
repealed to the extent specified in the third column of that Schedule
The
Secretary of State may by order made by statutory instrument subject to annulment
in pursuance of a resolution of either House of Parliament repeal or amend any
provision in any local Act, including an Act confirming a provisional order, or
in any instrument in the nature of a local enactment under any Act, where it appears
to him that that provisions is inconsistent with, or has become unnecessary or
requires modification in consequence of, any provision of this Act. |
|
| s40 | Short
title, extent and commencement. | | | (1)
(2)
(3) |
This Act may be cited as the Misuse of Drugs Act 1971.
This Act extends to
Northern Ireland.
This Act shall come into operation on such day as the Secretary
of State may by order made by statutory instrument appoint, and different dates
may be appointed under this subsection for different purposes. |
|
| | Schedule
1 |
| | Para
1 | | |
(1)
(2)
(3)
| The
members of the Advisory Council, of whom there shall be not less than twenty,
shall be appointed by the Secretary of State after consultation with such organisations
as he considers appropriate, and shall include:
(a) in relation to each of
the activities specified in sub-paragraph (2) below, at least one person appearing
to the Secretary of State to have wide and recent experience of that activity;
and
(b) persons appearing to the Secretary of State to have wide and recent
experience of social problems connected with the misuse of drugs.
The activities
referred to in sub-paragraph (1)(a) above are:
(a) the practice of medicine
(other than veterinary medicine);
(b) the practice of dentistry;
(c) the
practice of veterinary medicine;
(d) the practice of pharmacy;
(e) the
pharmaceutical industry;
(f) chemistry other than pharmaceutical chemistry.
The Secretary of State shall appoint one of the members of the Advisory Council
to be chairman of the Council. |
| | Para
2 | | |
The Advisory
Council may appoint committees, which may consist in part of persons who are not
members of the Council, to consider and report to the Council on any matter referred
to them by the Council. |
| | Para
3 | | |
At meetings
of the Advisory Council the quorum shall be seven, and subject to that the Council
may determine their own procedure. |
| | Para
4 | | | The
Secretary of State may pay to the members of the Advisory Council such remuneration
(if any) and such travelling and other allowances as may be determined by him
with the consent of the Minister for the Civil Service. |
| | Para
5 | | |
Any expenses
incurred by the Advisory Council with the approval of the Secretary of State shall
be defrayed by the Secretary of State. |
| | Schedule
2, Part I, Class A Drugs |
| | Para
1 | | | The
following substances and products, namely: | | | (a)
(b)
(ba)
(c)
(d)
(e) |
Acetorphine.
Alfentanil.
Allylprodine.
Alphacetylmethadol.
Alphameprodine.
Alphamethadol.
Alphaprodine.
Anileridine.
Benzethidine.
Benzylmorphine
(3-benzylmorphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Bezitramide.
Bufotenine.
Cannabinol, except where contained
in cannabis or cannabis resin.
Cannabinol derivatives.
Carfentanil.
Clonitazene.
Coca leaf.
Cocaine.
Desomorphine.
Dextromoramide.
Diamorphine.
Diampromide.
Diethylthiambutene.
Difenoxin (1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic
acid).
Dihydrocodeinone O-carboxymethyloxime.
Dihydromorphine.
Dimenoxadole.
Dimepheptanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone.
Drotebanol (3,4-dimethoxy-17-methylmorphinan- 6ß 14-diol).
Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to
cocaine.
Ethylmethylthiambutene.
Eticyclidine.
Etonitazene.
Etorphine.
Etoxeridine.
Etryptamine.
Fentanyl.
Furethidine.
Hydrocodone.
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Lofentanil.
Lysergamide.
Lysergide and other N-alkyl
derivatives of lysergamide.
Mescaline.
Metazocine.
Methadone.
Methadyl acetate.
Methyldesorphine.
Methyldihydromorphine (6-methyldihydromorphine).
Metopon.
Morpheridine.
Morphine.
Morphine methobromide, morphine N-oxide
and other pentavalent nitrogen morphine derivatives.
Myrophine.
Nicomorphine
(3,6-dinicotinoylmorphine).
Noracymethadol.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Opium, whether raw, prepared or medicinal.
Oxycodone.
Oxymorphone.
Pethidine.
Phenadoxone.
Phenampromide.
Phenazocine.
Phencyclidine.
Phenomorphan.
Phenoperidine.
Piminodine.
Piritramide.
Poppy-straw and concentrate of poppy-straw.
Proheptazine.
Properidine (1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl ester).
Psilocin.
Racemethorphan.
Racemoramide.
Racemorphan.
Rolicyclidine.
Sufentanil.
Tenocylidine.
Thebacon.
Thebaine.
Tilidate.
Trimeperidine.
4-Bromo-2,5-dimethoxy-a-methylphenethylamine.
4-Cyano-2-dimethylamino-4,4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
N,N-Diethyltryptamine.
N,N-Dimethyltryptamine.
2,5-Dimethoxy-a 4-dimethylphenethylamine.
N-Hydroxy-tenamphetamine
1-Methyl-4-phenylpiperidine-4-carboxylic
acid.
2-Methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid.
4-Methyl-aminorex
4-Phenylpiperidine-4-carboxylic acid ethyl ester.
any compound (not being
a compound for the time being specified in sub- paragraph (a) above) structurally
derived from tryptamine or from a ring- hydroxy tryptamine by substitution at
the nitrogen atom of the sidechain with one or more alkyl substituents but no
other substituent;
the following phenethylamine derivatives, namely:--
Allyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol
2-Amino-1-(3,4-dimethoxyphenyl)ethanol
Benzyl(a-methyl-3,4-methylenedioxyphenethyl)amine
4-Bromo-ß,2,5-trimethoxyphenethylamine
N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine
Cyclopropylmethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)ethylamine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)-1-methylethylamine
2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine
2-(1,4-Dimethoxy-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine
N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine
a,a-Dimethyl-3,4-methylenedioxyphenethylamine
a,a-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine
Dimethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine
4-Iodo-2,5-dimethoxy-a-methylphenethyl(dimethyl)amine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-
methylethylamine
2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
2-Methoxyethyl(a-methyl-3,4-methylenedioxyphenethyl)amine
2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
ß-Methoxy-3,4-methylenedioxyphenethylamine
1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine
1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine
2-(a-Methyl-3,4-methylenedioxyphenethylamino)ethanol
a-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine
N-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
O-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
a-Methyl-4-(methylthio)phenethylamine
ß,3,4,5-Tetramethoxyphenethylamine
ß,2,5-Trimethoxy-4-methylphenethylamine;
any compound (not being methoxyphenamine or a compound for the time being specified
in sub-paragraph (a) above) structurally derived from phenethylamine, an N-alkylphenethylamine,
a-methylphenethylamine, an N- alkyl-a-methyl-phenethylamine, a-ethylphenethylamine,
or an N-alkyl-a- ethylphenethylamine by substitution in the ring to any extent
with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further
substituted in the ring by one or more other univalent substituents.
any compound
(not being a compound for the time being specified in sub- paragraph (a) above
structurally derived from fentanyl by modification in any of the following ways,
that is to say,
(i) by replacement of the phenyl portion of the phenethyl
group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy,
halogeno, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine
ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring
with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;
(v) by substitution
at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl
or acyloxy group;
(vi) by replacement of the N-propionyl group by another
acyl group;
any compound (not being a compound for the time being specified
in sub- paragraph (a) above) structurally derived from pethidine by modification
in any of the following ways, that is to say,
(i) by replacement of the 1-methyl
group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group,
whether or not further substituted;
(ii) by substitution in the piperidine
ring with alkyl or alkenyl groups or with a propano bridge, whether or not further
substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy,
aryloxy, halogeno or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl
by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation
of an N-oxide or of a quaternary base. |
| | Para
2 | | |
Any stereoisomeric
form of a substance for the time being specified in paragraph 1 above not being
dextromethorphan or dextrorphan. |
| | Para
3 | | |
Any ester
or ether of a substance for the time being specified in paragraph 1 or 2 above
not being a substance for the time being specified in Part II of this Schedule |
| | Para
4 | | | Any
salt of a substance for the time being specified in any of paragraphs 1 to 3 above. |
| | Para
5 | | | Any
preparation or other product containing a substance or product for the time being
specified in any of paragraphs 1 to 4 above. |
| | Para
6 | | | Any
preparation designed for administration by injection which includes a substance
or product for the time being specified in any of paragraphs 1 to 3 of Part II
of this Schedule. |
|
| Schedule
2, Part II, Class B Drugs |
| | Para
1 | | | The
following substances and products, namely: | | | (a)
(b)
| Acetyldihydrocodeine.
Amphetamine.
Cannabis and cannabis resin.
Codeine.
Dihydrocodeine.
Ethylmorphine (3-ethylmorphine).
Glutethimide.
Lefetamine.
Mecloqualone.
Methaqualone.
Methcathinone
Methylamphetamine.
a-Methylphenethylhydroxylamine.
Methylphenidate.
Methylphenobarbitone.
Nicocodine.
Nicodicodine (6-nicotinoyldihydrocodeine).
Norcodeine.
Pentazocine.
Phenmetrazine.
Pholcodine.
Propiram.
Zipeprol
any 5,5 disubstituted barbituric acid. |
| | Para
2 | | | Any
stereoisomeric form of a substance for the time being specified in paragraph 1
of this Part of this Schedule. |
| | Para
3 | | |
Any salt
of a substance for the time being specified in paragraph 1 or 2 of this Part of
this Schedule. |
|
| Para
4 | | | Any
preparation or other product containing a substance or product for the time being
specified in any of paragraphs 1 to 3 of this Part of this Schedule, not being
a preparation falling within paragraph 6 of Part I of this Schedule. |
| | Schedule
2, Part III, Class C Drugs |
| | Para
1 | | | The
following substances, namely: | | | (a)
(b)
(c)
(d)
(e) | Alprazolam
Aminorex
Benzphetamine
Bromazepam
Brotizolam
Buprenorphine
Camazepam
Cathine
Cathinone
Chlordiazepoxide
Chlorphentermine
Clobazam
Clorazepic acid
Clonazepam
Clotiazepam
Cloxazolam
Delorazepam
Dextropropoxyphene
Diazepam
Diethylpropion
Estazolam
Ethchlorvynol
Ethinamate
Ethyl loflazepate
Fencamfamin
Fenethylline
Fenproporex
Fludiazepam
Flunitrazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Loprazolam
Lorazepam
Lormetazepam
Mazindol
Medazepam
Mefenorex
Mephentermine
Meprobamate
Mesocarb
Methyprylone
Midazolam
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Pemoline
Phendimetrazine
Phentermine
Pinazepam
Pipradrol
Prazepam
Pyrovalerone
Temazepam
Tetrazepam
Triazolam
N-Ethylamphetamine
Atamestane
Methenolone
Bolandiol
Methyltestosterone
Bolasterone
Metribolone
Bolazine
Mibolerone
Boldenone
Nandrolone
Bolenol
Norboletone
Bolmantalate
Norclostebol
Calusterone
Norethandrolone
4-Chloromethandienone
Ovandrotone
Clostebol
Oxabolone
Drostanolone
Oxandrolone
Enestebol
Oxymesterone
Epitiostanol
Oxymetholone
Ethyloestrenol
Prasterone
Fluoxymesterone
Propetandrol
Formebolone
Quinbolone
Furazabol
Roxibolone
Mebolazine
Silandrone
Mepitiostane
Stanolone
Mesabolone
Stanozolol
Mestanolone
Stenbolone
Mesterolone
Testosterone
Methandienone
Thiomesterone
Methandriol
Trenbolone
any compound (not being Trilostane or a compound for the time being specified
in sub-paragraph (b) above) structurally derived from 17- hydroxyandrostan-3-one
or from 17-hydroxyestran-3-one by modification in any of the following ways, that
is to say,
(i) by further substitution at position 17 by a methyl or ethyl
group;
(ii) by substitution to any extent at one or more of positions 1, 2,
4, 6, 7, 9, 11 or 16, but at no other position;
(iii) by unsaturation in the
carbocyclic ring system to any extent, provided that there are no more than two
ethylenic bonds in any one carbocyclic ring;
(iv) by fusion of ring A with
a heterocyclic system;
any substance which is an ester or ether (or, where
more than one hydroxyl function is available, both an ester and an ether) of a
substance specified in sub-paragraph (b) or described in sub-paragraph (c) above;
Chorionic Gonadotrophin (HCG)
Clenbuterol
Non-human chorionic gonadotrophin
Somatotropin
Somatrem
Somatropin |
| | Para
2 | | | Any
stereoisomeric form of a substance for the time being specified in paragraph 1
of this Part of this Schedule not being phenylpropanolamine. |
| | Para
3 | | | Any
salt of a substance for the time being specified in paragraph 1 or 2 of this Part
of this Schedule. |
| | Para
4 | | | Any
preparation or other product containing a substance for the time being specified
in any of paragraphs 1 to 3 of this Part of this Schedule. |
| | Schedule
2, Part IV, Meaning of certain expressions used in this Schedule |
| | Para
1 | | | For
the purposes of this Schedule the following expressions (which are not among those
defined in section 37(1) of this Act) have the meanings hereby assigned to them
respectively, that is to say--
"cannabinol derivatives" means the
following substances, except where contained in cannabis or cannabis resin, namely
tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of
its tetrahydro derivatives;
"coca leaf" means the leaf of any plant
of the genus Erythroxylon from whose leaves cocaine can be extracted either directly
or by chemical transformation;
"concentrate of poppy-straw" means
the material produced when poppy-straw has entered into a process for the concentration
of its alkaloids;
"medicinal opium" means raw opium which has undergone
the process necessary to adapt it for medicinal use in accordance with the requirements
of the British Pharmacopoeia, whether it is in the form of powder or is granulated
or is in any other form, and whether it is or is not mixed with neutral substances;
"opium poppy" means the plant of the species Papaver somniferum L;
"poppy straw" means all parts, except the seeds, of the opium poppy,
after mowing;
"raw opium" includes powdered or granulated opium
but does not include medicinal opium. | |
