Misuse of Drugs Act 1971

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Template:Short description Template:Use dmy dates Template:Use British English

Template:Infobox UK legislation

The Misuse of Drugs Act 1971<ref name=st/> (c. 38) is an act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs,<ref>Template:Cite web</ref> the Convention on Psychotropic Substances,<ref>Template:Cite web</ref> and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.<ref>Template:Cite web</ref>

Offences under the act include:<ref>Template:Cite web</ref>

  • Possession of a controlled drug unlawfully
  • Possession of a controlled drug with intent to supply it
  • Supplying or offering to supply a controlled drug (even where no charge is made for the drug)
  • Allowing premises you occupy or manage to be used unlawfully for the purpose of producing or supplying controlled drugs

The act establishes the Home Secretary as the principal authority in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only medicines, and cannabis (hemp)<ref name="Canna 3"/> may be grown under licence for 'industrial purposes'. The Template:Visible anchor (SI 2001/3998),<ref name="uksi20012998">Template:UK SI</ref> created under the 1971 Act, are about licensing of production, possession and supply of substances classified under the act. These created drug 'schedules', under which the supply of drugs are controlled.

The act creates three classes of controlled substances, A, B, and C, and ranges of penalties for illegal or unlicensed possession and possession with intent to supply are graded differently within each class. The lists of substances within each class can be amended by Order in Council, so the Home Secretary can list new drugs and upgrade, downgrade or delist previously controlled drugs with less of the bureaucracy and delay associated with passing an act through both Houses of Parliament.

Critics of the act such as David Nutt say that its classification is not based on how harmful or addictive the substances are, and that it is unscientific to omit substances like tobacco and alcohol.

List of controlled drugs

These drugs are known in the UK as controlled drug, because this is the term by which the act itself refers to them. In more general terms, however, many of these drugs are also controlled by the Medicines Act 1968, there are many other drugs which are controlled by the Medicines Act but not by the Misuse of Drugs Act, and some other drugs (alcohol, for example) are controlled by other laws.

The act sets out four separate categories: Class A, Class B, Class C and temporary class drugs. Substances may be removed and added to different parts of the schedule by statutory instrument, provided a report of the Advisory Council on the Misuse of Drugs (ACMD) has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council's findings.

In reality the potential harm has little bearing on the class,<ref name="nutt's paper">Template:Cite journal</ref> which has led to dissatisfaction with drug laws.<ref>Template:Cite news</ref>

Substances may be removed and added to different parts of the schedule by statutory instrument, provided a report of the ACMD has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council's findings. This list has in practice been modified a great number of times, sometimes removing substances, but more commonly adding some; for example, many benzodiazepines became Class C drugs in 1985, and many cathinones became Class B drugs in 2010.

Glossary of terminology used in this list

anabolic steroids – hormones that build muscle tissue
benzodiazepines – a class of sedative/anxiolytic drugs
cannabinoids – drugs that bind to cannabinoid receptors
arylcyclohexamines – dissociatives which act on the NMDA receptors
opioids – drugs that bind to opioid receptors
phenethylamines – psychedelics based on phenethylamine
sedatives – drugs that lower arousal
stimulants – drugs that heighten arousal
tryptamines – psychedelics based on tryptamine

Class A drugs

1. The following substances:<ref name=ABC>Template:Cite web</ref>Template:Primary source inline

Name as specified
in the Act 		Brand or
street name 		Drug type Year
added
 Notes and comments
Acetorphine opioid 1971 primarily used to sedate elephants, giraffes and rhinos
Alfentanil 1984
Allylprodine 1971
Alphacetylmethadol synthetic
Alphameprodine
Alphamethadol
Alphaprodine
Anileridine
Benzethidine
Benzylmorphine
Betacetylmethadol
Betameprodine
Betamethadol
Betaprodine
Bezitramide Burgodin
Bufotenin Toad skin toxin tryptamine found in the skins of psychoactive toads, especially Bufo alvarius
Carfentanil Wildnil opioid 1986 Strongest known opioid; 10,000 times more potent than morphine, 100 times more potent than fentanyl. Used as a tranquilliser for large game (elephants etc.).
Clonitazene 1971
Coca leaf Erythroxylum the plant from which cocaine is derived
Cocaine Coke, Crack, Rock, Girl, Charlie, Sniff, Snow, Packet, Blow, Whiff, Gear, Bugle, Toot, Bag, The Devil's Dandruff, Marching Powder Tropane alkaloid
Desomorphine Krokodil (Russian for crocodile) opioid Primarily used in Russia and Ukraine. Its full chemical name is dihydrodesoxymorphine, and is a 3,6 diester salt of morphine
Dextromoramide Palfium
Diampromide
Diethylthiambutene
Difenoxin Roskies 1975
Dihydrocodeinone O-carboxymethyloxime 1971
Dihydroetorphine opioid (see notes) 2003 Semi-synthetic opioid; derivative of etorphine<ref name=order2003>Template:Cite web</ref>
Dihydromorphine Paramorphan opioid 1971
Dimenoxadol
Dimepheptanol an analogue of methadone
Dimethylthiambutene
Dioxaphetyl butyrate
Diphenoxylate
Dipipanone
Drotebanol 1973
Ecgonine precursor 1971 "and any derivative of ecgonine which is convertible to ecgonine or to cocaine"
Ethylmethylthiambutene opioid
Eticyclidine arylcyclohexylamine 1984
Etonitazene opioid 1971
Etorphine 1,000–3,000 times more potent than morphine, veterinary use only for large game
Etoxeridine
Etryptamine Tryptamine 1998 <ref name=order1998>Template:Cite web</ref>
Fentanyl Actiq, Duragesic, Sublimaze opioid 1971 Approximately 100 times the strength of morphine
Furethidine
Hydrocodone Vicodin, Norco, Lortab
Hydromorphinol
Hydromorphone Dilaudid, Palladone, Hymorphan, drug store heroin
Hydroxypethidine
Isomethadone Simple positional isomer of Methadone
Ketobemidone
Levomethorphan
Levomoramide the totally inactive isomer of dextromoramide
Levophenacylmorphan
Levorphanol Levo-Dromoran
Lofentanil 1986
Lysergamide ergoline 1971 a precursor to LSD
Lysergic acid diethylamide LSD, acid "Lysergide and other N-alkyl derivatives of lysergamide"
Mescaline Mescal phenethylamine found naturally in types of cactus; cacti themselves not illegal
MDMA MD, Ecstasy (abbreviated E, X, or XTC), Molly (US), or Mandy (UK) 1977 not specifically named but covered by the ban of alkylenedioxy-substituted phenethylamines
MDA not specifically named but covered by the ban of alkylenedioxy-substituted phenethylamines
Metazocine opioid 1971
Methadone Methadose, Dolophine used in opioid replacement therapy to treat addiction
Methadyl acetate used in treating opioid addiction, structurally related to methadone
Methamphetamine Desoxyn, Crystal Meth, Meth, Ice, Glass, Tina, Crank, Gak, and others stimulant 2006 moved from class B to class A in 2006<ref>Template:Cite web</ref>
Methyldesorphine opioid 1971
Methyldihydromorphine
Metopon
Morphine MS, Dope, Hard Stuff, Miss Emma, Junk, Mister Blue, God's drug, Dreamer Derivative of the opium poppy and powerful narcotic painkiller
Morphine diacetate H, Heroin, Smack, Dope, Boy, Junk, Black Tar, Skag, Hero 3,6 diester salt of morphine, Morphine prodrug
Morphine methobromide "morphine N-oxide and other pentavalent nitrogen morphine derivatives"
Myrophine
Nicomorphine 3,6 diester salt of morphine
Noracymethadol
Norlevorphanol
Normethadone
Normorphine
Norpipanone Hexalgon methadol
Opium Laudanum, Pantopon opioid mixture milky secretion of the opium poppy – banned "whether raw, prepared or medicinal"
Oxycodone OxyContin, Percocet opioid Widely used strong pain killer
Oxymorphone Numorphan, Opana
Pethidine Meperidine, Demerol, Dolantine
Phenadoxone
Phenampromide
Phenazocine Discontinued in 2001
Phencyclidine Angel Dust, PCP arylcyclohexylamine 1979
Phenomorphan opioid 1971
Phenoperidine
Piminodine
Piritramide Dipidolor
Poppy-straw Papaver somniferum "Poppy-straw and concentrate of poppy-straw."
Proheptazine opioid
Properidine
Psilocin Tryptamine Psychoactive ingredient found in most psychedelic mushrooms; includes the prodrug psilocybin.
Psilocybin mushroom Magic Mushrooms, Shrooms fungi 2005 "Fungus (of any kind) that contains psilocin or an ester of psilocin."<ref>Template:Cite web</ref>
Racemethorphan opioid mixture 1971 Racemic mixture of Dextromethorphan (DXM) and Levomethorphan
Racemoramide
Racemorphan
Remifentanil opioid 2003 <ref name=order2003 /> Strong painkiller; cannot be used without plasma infusion equipment
Rolicyclidine PCPy arylcyclohexylamine 1984 Very similar to phencyclidine (PCP)
Sufentanil Sufenta opioid 1983
Tenocyclidine TCP arylcyclohexylamine 1984 Very similar to phencyclidine (PCP), but considerably more potent
Tapentadol Nucynta opioid 2009 Dual action as a norepinephrine reuptake inhibitor
Thebacon Acedicone 1971
Thebaine
Tilidate Valtran 1983
Trimeperidine 1971
2,5-Dimethoxy-4-bromoamphetamine DOB phenethylamine 1975 a drug of the DOx family
4-Cyano-2-dimethylamino-4,4-diphenylbutane opioid (see note) 1971 Methadone intermediate
4-Cyano-1-methyl-4-phenyl-piperidine Intermediate chemical in generation of the opioid, Pethidine
N,N-Diethyltryptamine DET, T-9 tryptamine
N,N-Dimethyltryptamine DMT, Changa Intense psychedelic drug
2,5-Dimethoxy-4-methylamphetamine DOM phenethylamine a drug of the DOx family.
N-Hydroxy-tenamphetamine MDOH stimulant 1990
1-Methyl-4-phenylpiperidine-4-carboxylic acid Pethidinic acid precursor 1971
2-Methyl-3-morpholino-1,1-diphenylpropanecarboxylic acid opioid (see notes) Converted in the body into the opioid Moramide
4-Methyl-aminorex Ice stimulant 1990
4-Methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine Serotoni, 4,4'-DMAR 2015<ref name="MT-45statinst">Template:Cite web</ref><ref name="MT45 press release">Template:Cite web</ref>
1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine MT-45 opioid
4-Phenylpiperidine-4-carboxylic acid ethyl ester Norpethidine opioid (see notes) 1971 Commonly used in the production of Pethidine, although it has little opioid activity in its own right
N.B. Sub-paragraphs (b) and (c) were added in 1977,<ref>Template:Cite web</ref> sub-paragraphs (d) and (e) were added in 1986. Sub-paragraph (ba) was subsequently added in 2001.<ref name=order2001>Template:Cite web</ref>

(b) any compound structurally derived from tryptamine or from a ring-hydroxy tryptamine by modification.

(ba) a number of phenethylamine derivatives.<ref>Template:Cite book</ref><ref>Template:Cite web</ref>

(c) compounds structurally derived from phenethylamine an N-alkylphenethylamine, a methylphenethylamine, an N-alkyl-α-methylphenethylamine, an ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by certain modifications.

(d) compounds structurally derived from fentanyl by certain modifications.

(e) compounds structurally derived from pethidine by certain modifications.

(ea) any compound with a maximum molecular mass of 500 atomic mass units and structurally derived from 2-(2-benzyl-benzimidazol-1-yl)ethanamine.

(f) any compound structurally derived from mescaline, 4-bromo-2,5-dimethoxy-α-methylphenethylamine, 2,5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine (N-hydroxy-MDA), or a compound specified in sub-paragraph (ba) or (c) above, by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent.

2. Any stereoisomeric of a class A substance, excluding dextromethorphan or dextrorphan.

3. Any ester or ether of a class A substance (that is not listed as a class B substance).

4. Any salt of a class A substance.

5. Any preparation or other product containing a class A substance

6. Any preparation of a class B substance designed for administration by injection.

Class B drugs

1. The following substances:<ref name=ABC />Template:Primary source inline

(a)

Name as specified
in the Act 		Brand or
street name
 Drug type
 Year
added
 Notes and comments
Acetyldihydrocodeine opioid 1971
Amphetamine Adderall, Speed, whizz stimulant
Codeine Purple drank, Lean, Wock opioid legal without prescription in quantities of up to 12.8 mg per dosage unit or 15 mg/5 ml in oral solution and only in combination with other drug. UK Codeine law
Cannabinol and derivatives cannabinoid, psychoactive 2009 downgraded from class A to class C in 2004<ref name="Canna 1">Template:Cite web</ref> and upgraded to class B in 2009<ref name="Canna 2">Template:Cite web</ref> (Legalised for medicinal use in July 2018, and law excludes cannabidiol entirely)
Cannabis Cannabis, Green, Hash, Marijuana, Pot, Puff, Gas, Bud, Skunk, Ganja, Weed (among others) cannabinoid, psychedelic All cannabis varieties, including those grown as hemp, are controlled under the act, not just drug varieties
Downgraded from class B to class C in 2004<ref name="Canna 1"/> and upgraded to class B in 2009<ref name="Canna 2"/>
Dihydrocodeine Paracodine, Synalgos DC opioid 1971 legal in amounts up to 30 mg prescribed by doctor in tablet form and compounded with an adjunct non-opioid such as paracetamol.
Ethylmorphine Codethyline
Glutethimide Doriden sedative 1985
Ketamine Ketalar, Special K, Ket, Kenny, Kenneth, horse tranquilliser sedative 2006,<ref>Template:Cite web</ref> moved to class B in 2014<ref name="Ketamine amendment 2014">Template:Cite web</ref> Used by Doctors on Air Ambulance duties to provide pain relief for serious or life-threatening injuries in extreme circumstances, when casualty sedation is required prior to a potential RSI.
Lefetamine stimulant 1985
Lisdexamfetamine Elvanse in the UK, Vyvanse in the US 2014<ref name="Ketamine amendment 2014"/>
Mecloqualone sedative 1984
a-Methylphenethylhydroxylamine 2001 <ref name=order2001 />
Methaqualone Ludes, Mandrake, Mandrax, Quaalude sedative 1984
Methcathinone stimulant 1998 <ref name=order1998 />
Methoxetamine dissociative 2013 <ref>MXE ceased to be covered by the temporary prohibition on 26 February 2013, when it became classified as a Class B drug</ref>
4–Methylmethcathinone MCAT, Mephedrone, Meow Meow, Bath Salts stimulant 2010 <ref>Mephedrone ban comes into force in UK</ref>
Methylone M1
Methylphenidate Ritalin, Concerta 1971
Methylphenobarbitone sedative 1984
Naphyrone NRG-1 stimulant 2010
Nicocodeine opioid 1971
Nicodicodine 1973
Norcodeine 1971
Pentazocine Talwin, Fortal 1985
Phenmetrazine Preludin stimulant 1971
Pholcodine opioid
Propiram 1973
Zipeprol 1998 <ref name=order1998 />

(aa)<ref name=order2010>Template:Cite web</ref> Compounds structurally derived from 2–amino–1–phenyl–1–propanone by certain modifications.

(ab)<ref name=order2010 /> Compounds structurally derived from 2–aminopropan–1–one by certain modifications.

(b) any 5,5 disubstituted barbituric acid.

(c)<ref name=order2013>Template:Cite web</ref> and (ca)<ref name=order2016>Template:Cite web</ref> A number of categories of synthetic cannabinoids.

(d)<ref name=order2013 /> 1-Phenylcyclohexylamine or compounds structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by certain modifications (that are not already class A substances).

(e) Any compound structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by certain modifications.

2. Any stereoisomeric form of a class B substance.

3. Any salt of a class B substance.

4. Any preparation or other product containing a class B substance, exluding those designed for administration by injection which are class A.

Class C drugs

1. The following substances:<ref name=ABC />Template:Primary source inline

(a)

Name as specified
in the Act 		Brand or
street name 		Drug type Year
added 		Notes and comments
Adinazolam Deracyn benzodiazepine 2017
Alprazolam Xanax 1985
Aminorex stimulant 1998 <ref name=order1998 />
Benzphetamine Didrex 1971 metabolised into amphetamine and methamphetamine
Bromazepam Lexotan benzodiazepine 1985
Brotizolam Lendormin 1998 <ref name=order1998 />
Buprenorphine Subutex, Buprenex opioid 1989 used for opioid replacement therapy to treat addiction
Camazepam benzodiazepine 1985
Cathine stimulant 1986 Khat (Catha edulis), the plant in which Cathine originates, is now also illegal in the UK<ref name=Klein>Template:Cite book</ref><ref name=Warfa>Template:Cite journal</ref>
Cathinone Khat (Catha edulis), the plant in which Cathinone originates, is now also illegal in the UK<ref name="Klein" /><ref name="Warfa" />
Chlordiazepoxide Librium benzodiazepine 1985
Chlorphentermine Apsedon stimulant 1971
Clobazam Frisium benzodiazepine 1985
Clorazepic acid Tranxène
Clonazepam Rivotril, Klonopin
Clotiazepam Clozan
Cloxazolam
Delorazepam
Dextropropoxyphene Darvon, Depronal opioid 1983
Diazepam Valium benzodiazepine 1985
Diethylpropion stimulant 1984
Estazolam ProSom benzodiazepine 1985
Ethchlorvynol Placidyl sedative
Ethinamate
Etilamfetamine stimulant 1986
Ethyl loflazepate benzodiazepine 1985
Fencamfamine stimulant 1971 Removed from the schedule in 1973, added to the schedule again in 1986
Fenethylline 1986
Fenproporex
Fludiazepam benzodiazepine 1985
Flunitrazepam Rohypnol
Flurazepam Dalmane, Staurodorm
Gabapentin<ref>Template:Cite web</ref><ref>Template:Cite web</ref> Neurontin Gabapentinoid 2019
gamma-Butyrolactone GBL sedative 2009 Metabolised to GHB in the body. Classified in December 2009<ref>The Misuse of Drugs Act 1971 (Amendment) Order 2009 http://www.legislation.gov.uk/ukdsi/2009/9780111486610/contents</ref>
Halazepam benzodiazepine 1985
Haloxazolam
Ketazolam benzodiazepine 1985
Loprazolam Dormonoct
Lorazepam Ativan
Lormetazepam Noctamid, Loramet
Mazindol stimulant
Medazepam benzodiazepine
Mefenorex stimulant 1986 amphetamine derivative, metabolises to amphetamine
Mephentermine 1971
Meprobamate Miltown sedative 1985
Mesocarb stimulant 1998 <ref name=order1998 /> used to counteract the effects of benzodiazepines
Methyprylone sedative 1985
Midazolam Versed benzodiazepine 1990
Nitrous Oxide Whippets, Balloons, Loons, NOS Psychedelic 2023
Nimetazepam benzodiazepine 1985
Nitrazepam Mogadon
Nordazepam Calmday
Oxazepam Seresta
Oxazolam
Pemoline stimulant 1989
Phendimetrazine Bontril 1971
Phentermine Fastin, Ionamin 1985
Pinazepam benzodiazepine
Pipradrol stimulant 1971
Propylhexedrine 1971 legalised in 1995<ref>Template:Cite web</ref>
Prazepam Lysanxia benzodiazepine 1985
Pregabalin Lyrica gabapentinoid 2019
Pyrovalerone stimulant 1986
Temazepam Restoril, jellies benzodiazepine 1985 becomes class A when prepared for injection
Tetrazepam
Tramadol opioid 2014 <ref name="Ketamine amendment 2014" /> Also functions as a weak SNRI.
Triazolam Halcion benzodiazepine 1985
Zaleplon Sonata nonbenzodiazepine 2014 <ref name="Ketamine amendment 2014" />
Zolpidem Ambien 2003 <ref name=order2003 />
Zopiclone Imovane 2014 <ref name="Ketamine amendment 2014" />
N.B. Sub-paragraphs (b), (c), (d) and (e) all refer to anabolic steroids that were banned in 1996<ref>Template:Cite web</ref> (unless referenced otherwise):

(b) Template:Div col

Template:Div col end

(c) Compounds structurally derived from 17-hydroxyandrostan-3-one or from 17-hydroxyestran-3-one by certain modifications, excluding Trilostane or a compounds listed above.

(ca) 1–benzylpiperazine or compounds structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by certain modifications.

(d) any substance which is an ester and/or ether of a substance specified in (b) or (c) above.

(e)

Derivatives and analogues

The act contains several references to "derivatives" of compounds but the extent of this term is not fully clarified. Where unspecified it is thought to indicate derivatives which can be made from the specified compound in a single synthetic step, although such a definition would indicate that alkyllysergamide analogues would be uncontrolled. Where the derivatives are specified to be "structural derivatives" there is precedent that the statute applies whenever the structure could be converted to the specified derivatives in any number of synthetic steps.<ref>Forensic Chemistry of Substance Misuse : A Guide to Drug Control Edition by Leslie A. King (2009)</ref>

Penalties

The penalties for drug offences depend on the class of drug involved. These penalties are enforced against those who do not have a valid prescription or licence to possess the drug in question. Thus, it is not illegal for someone to possess heroin, a Class A drug, so long as it was administered to them legally (by prescription).

Class A drugs attract the highest penalty, and imprisonment is both "proper and expedient".<ref>R v Aramah (1982) 4 Cr App R (S) 407, per Lord Lane CJ</ref> The maximum penalties possible are as follows:<ref>Class A, B and C drugs, Home Office website, accessed 27 January 2009 Template:Webarchive</ref>

Offence Court Class A Class B/Temporary class Class C
Possession Magistrates 6 months / £5000 fine 3 months / £2500 fine 3 months / £500 fine
Crown 7 years / unlimited fine 5 years / unlimited fine 2 years / unlimited fine
Supply and possession
with intent to supply 		Magistrates 6 months / £5000 fine 6 months / £5000 fine 3 months / £2000 fine
Crown Life<ref>Increased from 14 years to life in 1985: Controlled Drugs (Penalties) Act 1985.</ref> / unlimited fine 14 years / unlimited fine 14 years / unlimited fine

International cooperation

The act makes it a crime to assist in, incite, or induce, the commission of an offence, outside the UK, against another nation's corresponding law on drugs. A corresponding law is defined as another country's 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" or another drug control treaty to which the UK and the other country are parties. An example might be lending money to a United States drug dealer for the purpose of violating that country's Controlled Substances Act.

Schedules

The acts allow and regulate the use of some Controlled Drugs (designated CD) by various classes of persons (e.g. doctors) acting in their professional capacity. The Royal Pharmaceutical Society maintains a live database of the legal classification of medicines.<ref>Template:Cite web</ref> Special responsibilities are placed upon pharmaceutical wholesalers, pharmacies and doctors in the stocking, distribution, issuing of prescriptions, supply and disposal of items listed under the first three of the schedules. The regulations have been further tightened since Dr. Harold Shipman used diamorphine to murder hundreds of his patients during the late 20th century.

Schedule 1 - CD Lic

Drugs which are not used medically, and thus their possession and supply is prohibited; e.g. DMT and LSD except when licensed by the Home Office to carry out research.

Schedule 2 - CD

Substances subject to the full controlled drug requirements; e.g. Cannabis, diamorphine (heroin), pethidine, cocaine, methadone, methylphenidate, dextroamphetamine, fentanyl and oxycodone. Under the Act, a prescription for these drugs need to show full details including the form and strength of the preparation, with the total quantity written out in both words and figures. It is an offence for a doctor to issue an incomplete prescription or for a pharmacist to dispense a controlled drug unless all the required details are given.

It is the prescriber's responsibility to minimize the risk of dependence or misuse by ensuring that such drugs are not started for a particular patient without good cause, that the dose is not increased to the point where dependency is more likely, and to avoid being an unwitting source of supply for addicts. The quantities of controlled drugs prescribed should match the likely needs of the patients until the next clinical review and prescription forms should be secured against theft.

Requirements for safe custody in pharmacies apply to all Sch 2 Controlled Drugs except quinalbarbitone.

The safe custody requirements ensure that pharmacists and doctors holding stock of controlled drugs must store them in securely fixed double-locked steel safety cabinets. In addition to traditional written registers, which must be bound, contain separate entries for each drug, and be written in ink with no use of correction fluid, electronic controlled drugs registers are now also permitted under the Misuse of Drugs Regulations 2001 (as amended). These electronic systems must comply with specific regulatory standards to ensure the accurate recording and tracking of controlled substances, and there are a range of commercially available electronic CD registers. Disposal of expired stock must be witnessed by a designated inspector (either a police officer or a suitably qualified official).

Until 2005 prescriptions for most schedule 2 & 3 drugs required certain details to be handwritten by the prescriber, unless he or she held a handwriting exemption certificate. The Shipman Inquiry however, found that this was one of the weaknesses in the audit system. Whereas computer generated prescriptions automatically left an audit trail which was easy to follow, handwritten prescriptions did not, even though all filed prescriptions are eventually sent to a central UK depositary. Therefore, good practice now calls for these prescriptions to be computer generated.<ref>Home Office (2005). Explanatory memorandum to the misuse of drugs and the misuse of drugs Template:Webarchive (supply to addicts) (amendment) regulations 2005.No.2864. Accessed 20-10-03</ref>

Schedule 3 - CD No Reg

Include drugs subject to the same prescription requirements as Schedule 2 drugs, but without the requirement to maintain registers. With the exception of phenobarbitone or related drugs for treatment of epilepsy, no Sch 3 drug can be given as an emergency supply. Safe custody is currently only required for Tenuate Dospan (diethylpropion), buprenorphine products, temazepam and flunitrazepam (Rohypnol). Neither phenobarbitone nor midazolam require safe custody. Other Sch 3 drugs can be stored in the general dispensary.

Schedule 4

Controlled drug prescription requirements and safe custody requirements do not apply. Included drugs are Benzodiazepines (Subclass CD Benz), other than temazepam, flunitrazepam or midazolam, and androgenic and anabolic steroids (Subclass CD Anab). However CD Benz products- which also include mild stimulants such as mesocarb and fencamfamine, formerly prescribed as anorectics- are illegal to supply or possess without prescription and all Sch 4 drugs cannot be legally supplied without medical authority.

As of April 2014 "Sativex", the cannabis derived medicine prescribed for spasticity due to Multiple Sclerosis, is listed as a Schedule 4 Part 1 drug, whereas before that date it was a Schedule 1 drug requiring reporting and recording protocols (as earlier indicated on this page).<ref>Template:Cite web</ref>

Schedule 5 - CD Inv P & CD Inv POM

Includes items which, because of their strength, are exempt from all requirements other than the need to retain invoices for two years.

History

The Drugs (Prevention of Misuse) Act 1964 controlled amphetamines in the United Kingdom in advance of international agreements and was later used to control LSD.

Before 1971, the UK had a relatively liberal drugs policy and it was not until United Nations influence had been brought to bear that controlling incidental drug activities was employed to effectively criminalise drugs use. It is noted that bar the smoking of opium and cannabis; section 8, part d, under the Misuse of Drugs Act 1971 was not an offence (relating to the prosecution of the owner of a premises/building inside of which controlled drugs were being used). Section 8 of the Misuse of Drugs Act 1971<ref>Template:Cite web</ref> was amended by regulation 13 of Misuse of Drugs Regulations 1985 (SI 1985/2066)<ref>http://www.drugshelp.info/downloads/modr1985.pdf The Misuse of Drugs Regulations 1985</ref> and section 38 of the Criminal Justice and Police Act 2001.<ref>Template:Cite web</ref> These amendments were, however, repealed in 2005 by Schedule 1 (part 6) of the Drugs Act 2005.<ref>Template:Cite web</ref><ref>Template:Cite web</ref>

The current section 8 covers: people knowingly allowing premises they own, manage, or have responsibility for, to be used by any other person for:

Criticism and controversy

Notable criticism of the act includes:

The Transform Drug Policy Foundation offers rational criticism of the harms caused by the Government's current prohibitionist drug policy.<ref>Template:Cite web</ref> The Drug Equality Alliance (DEA) has launched legal actions against the UK Government's partial and unequal administration of the Act's discretionary powers, making particular reference to the arbitrary exclusion of alcohol and tobacco on the subjective grounds of historical and cultural precedents contrary to the Act's policy and objects.<ref name="DEA">Template:Cite web</ref>

Following the release of the Cambridge Two – Ruth Wyner and John Brock – who had been convicted under Section 8 of the Act in 1999, a campaign calling for an overhaul of the Act was backed by Michael Winner, Julie Christie, and Tom Stoppard in response to the original conviction.<ref>Template:Cite news</ref>

Classification of cannabis has become especially controversial. In 2004, cannabis<ref name="Canna 3">All varieties of cannabis, including those grown as hemp, are controlled under the act, not just drug varieties.</ref> was reclassified from class B to class C,<ref name="Canna 1"/> in accordance with advice from the ACMD. In 2009, it was returned to class B,<ref name="Canna 2"/> against ACMD advice.

In February 2009 the UK government was accused by its most senior expert drugs adviser, Professor David Nutt, of making a political decision with regard to drug classification in rejecting the scientific advice to downgrade ecstasy from a class A drug. The ACMD report on ecstasy, based on a 12-month study of 4,000 academic papers, concluded that it is nowhere near as dangerous as other class A drugs such as heroin and crack cocaine, and should be downgraded to class B. The advice was not followed.<ref>Template:Cite web</ref> Jacqui Smith, then Home Secretary, was also widely criticised by the scientific community for bullying Professor David Nutt into apologising for his comments that, in the course of a normal year, more people died from falling off horses than died from taking ecstasy.<ref>Template:Cite journal</ref> Professor Nutt was later sacked by Alan Johnson (Jacqui Smith's successor as Home Secretary), with Johnson saying: "It is important that the government's messages on drugs are clear and as an adviser you do nothing to undermine public understanding of them. I cannot have public confusion between scientific advice and policy and have therefore lost confidence in your ability to advise me as Chair of the ACMD."<ref>Template:Cite news</ref><ref>Template:Cite web</ref>

In May 2011, a report named Taking Drugs Seriously was released by Demos. It discusses several issues with the current system, since its enactment in 1971. It states that the constant presence of new drugs will make it difficult for the government to keep up with the latest situation – more than 600 drugs are now classified under the act. Comparison levels of harm previously demonstrated by David Nutt show that alcohol and tobacco were among the most lethal, while some class A drugs, such as MDMA, LSD, and magic mushrooms, were among the least harmful.<ref>Template:Cite book</ref>

Use of controlled substances for research

A common misunderstanding amongst researchers is that most national laws (including the Misuse for Drugs Act) allows the use of small amounts of a controlled substance for non-clinical / non-in vivo research without licences. A typical use case might be having a few milligrams or microlitres of a controlled substance within larger chemical collections (often tens of thousands of chemicals) for in vitro screening. Researchers often believe that there is some form of "research exemption" for such small amounts. This incorrect view may be further re-enforced by R&D chemical suppliers often stating and asking scientists to confirm that anything bought is for research use only.

A further misconception is that the Misuse of Drugs Act simply lists a few hundred substances (e.g. MDMA, Fentanyl, Amphetamine, etc.) and compliance can be achieved via checking a CAS number, chemical name or similar identifier. However, the reality is that in most cases all ethers, esters, salts and stereo isomers are also controlled and it is impossible to simply list all of these. The act contains several "generic statements" or "chemical space" laws, which aim to control all chemicals similar to the "named" substance, these provide detailed descriptions similar to Markushes, a good example of a few of these are found in the Misuse of Drugs Act 1971 (amendment) order 2013.<ref>Template:Cite web</ref>

Due to this complexity in legislation the identification of controlled chemicals in research is often carried out computationally, either by in house systems maintained a company's sample logistics department or by the use of commercial software solutions.<ref>Template:Cite web</ref> Automated systems are often required as many research operations can often have chemical collections running into 10Ks of molecules at the 1–5 mg scale, which are likely to include controlled substances, especially within medicinal chemistry research, even if the core research of the company is not narcotic or psychotropic drugs.<ref>Template:Cite web</ref> These may not have been controlled when created, but they have subsequently been declared controlled, or fall within chemical space close to known controlled substances.

There are no specific research exemptions in the Misuse of Drugs Act 1971. However, the associated Misuse of Drugs Regulations 2001 (SI 2001/3998)<ref>Template:Cite web</ref> does exempt products containing less than 1 mg of a controlled substance (1 μg for lysergide and derivatives) so long as a number of requirements are met, including that it cannot be recovered by readily applicable means, does not pose a risk to human health and is not meant for administration to a human or animal.

Although this does at first seem to allow research use, in most circumstances the sample, by definition, is "recoverable" – in order to prepare it for use the sample is "recovered" into an assay buffer or solvent such as DMSO or water. In 2017 the Home Office also confirmed that the 1 mg limit applies to the total of all preparations across the entire container in the case of sample microtitre plates.<ref>Template:Cite web</ref> Given this, most companies and researchers choose not to rely on this exemption.

However, according to Home Office licensing, "University research departments generally do not require licences to possess and supply drugs in schedules 2, 3, 4 part I, 4 part II and schedule 5, but they do require licences to produce any of those drugs and to produce, possess and/or supply drugs in schedule 1".<ref>Template:Cite web</ref>

See also

See also

Notes

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References

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Further reading

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