Misuse of Drugs Act 1971

Last updated

Misuse of Drugs Act 1971 [1]
Act of Parliament
Coat of arms of the United Kingdom (2022, variant 1).svg
Parliament of the United Kingdom
Long title An Act to make new provision with respect to dangerous or otherwise harmful drugs and related matters, and for purposes connected therewith.
Citation 1971 c. 38
Introduced by Reginald Maudling
Territorial extent England and Wales; Scotland; Northern Ireland
Dates
Royal assent 27 May 1971
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Misuse of Drugs Act 1971 [1] (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, [2] the Convention on Psychotropic Substances, [3] and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. [4]

Contents

Offences under the act include: [5]

It is often presented[ by whom? ] as little more than a list of prohibited drugs and of penalties linked to their possession and supply. In practice, however, the act establishes the Home Secretary as a key player in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only medicines, and cannabis (hemp) [6] may be grown under licence for 'industrial purposes'. The Misuse of Drugs Regulations 2001, [7] created under the 1971 Act, are about licensing of production, possession and supply of substances classified under the act.

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.

Provisions

Section 37 – Interpretation

Section 37(5) became spent on the repeal of sections 8 to 10 of the Pharmacy and Poisons Act 1933. [8] It was repealed by Group 7 of Part 17 of Schedule 1 to the Statute Law (Repeals) Act 2004.

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 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, [9] which has led to dissatisfaction with drug laws. [10]

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 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, namely:— [11] [ non-primary source needed ]

(a)

N.B. Sub-paragraphs (b) and (c) were added in 1977, sub-paragraphs (d) and (e) were added in 1986. Sub-paragraph (ba) was subsequently added in 2001. [18]

(b) 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 modification in any of the following ways, that is to say— [19]

(i) by substitution at the nitrogen atom of the sidechain to any extent with alkyl or alkenyl substituents, or by inclusion of the nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;
(ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain with alkyl or alkenyl substituents;
(iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioalkyl, alkylenedioxy, or halide substituents;
(iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent;

(ba) the following phenethylamine derivatives, namely:— [20] [21]

(c) 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-α-methylphenethylamine, an ethylphenethylamine, or an N-alkyl-α-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.

(d) 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;

(e) 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.

(f) any compound (not being benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine) 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 form of a substance for the time being specified in paragraph 1 above not being dextromethorphan or dextrorphan.

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].

4. Any salt of a substance for the time being specified in any of paragraphs 1 to 3 above.

5. Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 4 above.

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.

Class B drugs

1. The following substances, namely:— [11] [ non-primary source needed ]

(a)

(aa) [28] Any compound (not being bupropion, cathinone, diethylpropion, pyrovalerone or a compound for the time being specified in sub–paragraph (a) above) structurally derived from 2–amino–1–phenyl–1–propanone by modification in any of the following ways, that is to say,

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 3–position with an alkyl substituent;
(iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure

(ab) [29] Any compound structurally derived from 2–aminopropan–1–one by substitution at the 1-position with any monocyclic, or fused‑polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the compound is further modified in any of the following ways, that is to say,

(i) by substitution in the ring system to any extent with alkyl, alkoxy, haloalkyl or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3–position with an alkyl substituent;
(iii) by substitution at the 2‑amino nitrogen atom with alkyl or dialkyl groups, or by inclusion of the 2‑amino nitrogen atom in a cyclic structure

(b) any 5,5 disubstituted barbituric acid

(c) [30] [2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone. (WIN 55,212-2)

3–Dimethylheptyl–11–hydroxyhexahydrocannabinol.

[9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a–octahydrophenanthridin–1–yl] acetate.

9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol.

[2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone.

Any compound structurally derived from 3–(1–naphthoyl)indole or 1H–indol–3–yl–(1–naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

Any compound structurally derived from 3–(1–naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

Any compound structurally derived from 1–(1–naphthylmethyl)indene by substitution at the 3–position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

Nabilone

Any compound structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

Any compound structurally derived from 2–(3–hydroxycyclohexyl)phenol by substitution at the 5–position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.";

Any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

Any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent.

Any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent.

(ca) [31] any compound (not being clonitazene, etonitazene, acemetacin, atorvastatin, bazedoxifene, indometacin, losartan, olmesartan, proglumetacin, telmisartan, viminol, zafirlukast or a compound for the time being specified in sub-paragraph (c) above) structurally related to 1-pentyl-3-(1-naphthoyl)indole (JWH-018), in that the four sub-structures, that is to say the indole ring, the pentyl substituent, the methanone linking group and the naphthyl ring, are linked together in a similar manner, whether or not any of the sub-structures have been modified, and whether or not substituted in any of the linked sub-structures with one or more univalent substituents and, where any of the sub-structures have been modified, the modifications of the sub-structures are limited to any of the following, that is to say—

(i) replacement of the indole ring with indane, indene, indazole, pyrrole, pyrazole, imidazole, benzimidazole, pyrrolo[2,3-b]pyridine, pyrrolo[3,2-c]pyridine or pyrazolo[3,4‑b]pyridine;
(ii) replacement of the pentyl substituent with alkyl, alkenyl, benzyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, 2-(4-morpholinyl)ethyl or (tetrahydropyran-4-yl)methyl;
(iii) replacement of the methanone linking group with an ethanone, carboxamide, carboxylate, methylene bridge or methine group;
(iv) replacement of the 1-naphthyl ring with 2-naphthyl, phenyl, benzyl, adamantyl, cycloalkyl, cycloalkylmethyl, cycloalkylethyl, bicyclo[2.2.1]heptanyl, 1,2,3,4-tetrahydronaphthyl, quinolinyl, isoquinolinyl, 1-amino-1-oxopropan-2-yl, 1‑hydroxy-1-oxopropan-2-yl, piperidinyl, morpholinyl, pyrrolidinyl, tetrahydropyranyl or piperazinyl.

(d) [30] 1-Phenylcyclohexylamine or any compound (not being ketamine, tiletamine or a compound for the time being specified in paragraph 1(a) of Part 1 of this Schedule) structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by modification in any of the following ways, that is to say,

(i) by substitution at the nitrogen atom to any extent by alkyl, alkenyl or hydroxyalkyl groups, or replacement of the amino group with a 1-piperidyl, 1-pyrrolidyl or 1-azepyl group, whether or not the nitrogen containing ring is further substituted by one or more alkyl groups;

(ii) by substitution in the phenyl ring to any extent by amino, alkyl, hydroxy, alkoxy or halide substituents, whether or not further substituted in the phenyl ring to any extent;

(iii) by substitution in the cyclohexyl or cyclohexanone ring by one or more alkyl substituents;

(iv) by replacement of the phenyl ring with a thienyl ring.

(e) Any compound (not being a compound for the time being specified in paragraph 1(ba) of Part 1 of this Schedule) structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by substitution in the 6-membered ring with a 2-ethylamino substituent whether or not further substituted in the ring system to any extent with alkyl, alkoxy, halide or haloalkyl substituents and whether or not substituted in the ethylamino side-chain with one or more alkyl substituents.

2. Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule.

3. Any salt of a substance for the time being specified in paragraph 1 or 2 of this Part of this Schedule.

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.

Class C drugs

1. Class C drugs, supposedly the least harmful drugs, include the following substances:— [11] [ non-primary source needed ]

(a)

N.B. Sub-paragraphs (b), (c), (d) and (e) all refer to anabolic steroids that were banned in 1996 [36] (unless referenced otherwise):

(b)

(c) 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;

(d) 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;

(e)

(f) 1–benzylpiperazine or any compound (not being 1–(3–chlorophenyl)piperazine or 1–(3–chlorophenyl)–4–(3–chloropropyl)piperazine) structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways

(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;

(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups;

2. Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule [not being phenylpropanolamine.]

3. Any salt of a substance for the time being specified in paragraph 1 or 2 of this Part of this Schedule.

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.

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. [37]

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". [38] The maximum penalties possible are as follows: [39]

OffenceCourtClass AClass B/Temporary classClass C
Possession Magistrates 6 months / £5000 fine3 months / £2500 fine3 months / £500 fine
Crown 7 years / unlimited fine5 years / unlimited fine2 years / unlimited fine
Supply and possession
with intent to supply		 Magistrates 6 months / £5000 fine6 months / £5000 fine3 months / £2000 fine
Crown Life [40] / unlimited fine14 years / unlimited fine14 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.

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 1971 Act 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 [41] was amended by Regulation 13 of Misuse of Drugs Regulations 1985 [42] and Section 38 of the Criminal Justice and Police Act 2001. [43] These amendments were however repealed in 2005 by Schedule 1 (part 6) of the Drugs Act 2005,. [44] [45]

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. [50] 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. [51]

Classification of cannabis has become especially controversial. In 2004, cannabis [6] was reclassified from class B to class C, [22] in accordance with advice from the Advisory Council on the Misuse of Drugs (ACMD). In 2009, it was returned to class B, [23] 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 decisions with regard to drug classification in rejecting the scientific advice to downgrade ecstasy from a class A drug. The Advisory Council on the Misuse of Drugs (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. [52] 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. [53] Professor Nutt was later sacked by Alan Johnson (Jacqui Smith's successor as Home Secretary); Johnson saying "It is important that the government's messages on drugs are clear and as an advisor 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." [54] [55]

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 - over 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. [56]

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. [57]

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 commercial software solutions. [58] 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. [59] 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. However, the associated Misuse of Drug Regulations 2001 [60] 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. [61] 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". [62]

See also

Notes

  1. ↑ Plants containing mescaline not illegal, only an extract of the substance.

Related Research Articles

In organic chemistry, an alkyl group is an alkane missing one hydrogen. The term alkyl is intentionally unspecific to include many possible substitutions. An acyclic alkyl has the general formula of −CnH2n+1. A cycloalkyl group is derived from a cycloalkane by removal of a hydrogen atom from a ring and has the general formula −CnH2n−1. Typically an alkyl is a part of a larger molecule. In structural formulae, the symbol R is used to designate a generic (unspecified) alkyl group. The smallest alkyl group is methyl, with the formula −CH3.

The Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, Misuse of Drugs Act 2015 and the Criminal Justice Act 2010 are the acts of the Oireachtas regulating drugs in Ireland. The acts define the penalties for unlawful production, possession and supply of drugs.

The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drugs Act, and establishes eight Schedules of controlled substances and two Classes of precursors. It provides that "The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest."

<span class="mw-page-title-main">Substituted methylenedioxyphenethylamine</span> Class of psychoactive drugs

The substituted methylenedioxyphenethylamines represent a diverse chemical class of compounds derived from phenethylamines. This category encompasses numerous psychoactive substances with entactogenic, psychedelic, and/or stimulant properties, in addition to entheogens. These compounds find application as research chemicals, designer drugs, and recreational substances.

<span class="mw-page-title-main">JWH-176</span> Chemical compound

JWH-176 is an analgesic drug which acts as a cannabinoid receptor agonist. Its binding affinity at the CB1 receptor is 26.0 nM, making it more potent than THC itself, however JWH-176 is particularly notable in that it is a hydrocarbon containing no heteroatoms. This demonstrates that reasonably high-affinity cannabinoid binding and agonist effects can be produced by compounds with no hydrogen bonding capacity at all, relying merely on Van der Waals and possibly hydrophobic interactions to bind to the receptor. It was discovered by, and named after, John W. Huffman.

Substituted amphetamines, or simply amphetamines, are a class of compounds based upon the amphetamine structure; it includes all derivative compounds which are formed by replacing, or substituting, one or more hydrogen atoms in the amphetamine core structure with substituents. The compounds in this class span a variety of pharmacological subclasses, including stimulants, empathogens, and hallucinogens, among others. Examples of substituted amphetamines are amphetamine (itself), methamphetamine, ephedrine, cathinone, phentermine, mephentermine, tranylcypromine, bupropion, methoxyphenamine, selegiline, amfepramone (diethylpropion), pyrovalerone, MDMA (ecstasy), and DOM (STP).

<span class="mw-page-title-main">Substituted cathinone</span> Class of chemical compounds

Substituted cathinones, or simply cathinones, which include some stimulants and entactogens, are derivatives of cathinone. They feature a phenethylamine core with an alkyl group attached to the alpha carbon, and a ketone group attached to the beta carbon, along with additional substitutions. Cathinone occurs naturally in the plant khat whose leaves are chewed as a recreational drug.

<span class="mw-page-title-main">3,4-Dichloromethylphenidate</span> Stimulant drug

3,4-dichloromethylphenidate is a potent stimulant drug from the phenidate class closely related to methylphenidate. It acts as a potent serotonin-norepinephrine-dopamine reuptake inhibitor with a long duration of action. It has been sold online as a designer drug.

<span class="mw-page-title-main">Cannabicyclohexanol</span> Chemical compound

Cannabicyclohexanol is a cannabinoid receptor agonist drug, developed by Pfizer in 1979. On 19 January 2009, the University of Freiburg in Germany announced that an analog of CP 47,497 was the main active ingredient in the herbal incense product Spice, specifically the 1,1-dimethyloctyl homologue of CP 47,497, which is now known as cannabicyclohexanol. The 1,1-dimethyloctyl homologue of CP 47,497 is in fact several times more potent than the parent compound, which is somewhat unexpected as the 1,1-dimethylheptyl is the most potent substituent in classical cannabinoid compounds such as HU-210.

<span class="mw-page-title-main">JWH-164</span> Chemical compound

JWH-164 is a synthetic cannabinoid receptor agonist from the naphthoylindole family. It has approximately equal affinity for the CB1 and CB2 receptors, with a Ki of 6.6 nM at CB1 and 6.9 nM at CB2. JWH-164 is a positional isomer of the related compound JWH-081, but with a methoxy group at the 7-position of the naphthyl ring, rather than the 4-position as in JWH-081. Its potency is intermediate between that of JWH-081 and its ring unsubstituted derivative JWH-018, demonstrating that substitution of the naphthyl 7-position can also result in increased cannabinoid receptor binding affinity.

<span class="mw-page-title-main">JWH-098</span> Chemical compound

JWH-098 is a synthetic cannabinoid receptor agonist from the naphthoylindole family. It is the indole 2-methyl derivative of a closely related compound JWH-081, but has markedly different affinity for the CB1 and CB2 receptors. While JWH-081 is around tenfold selective for CB1 over CB2, in JWH-098 this is reversed, and it is around four times weaker than JWH-081 at CB1 while being six times more potent at CB2, giving it a slight selectivity for CB2 overall. This makes JWH-098 a good example of how methylation of the indole 2-position in the naphthoylindole series tends to increase CB2 affinity, but often at the expense of CB1 binding.

<span class="mw-page-title-main">HU-243</span> Chemical compound with similarities to canbisol

HU-243 (AM-4056) is a synthetic cannabinoid drug that is a single enantiomer of the hydrogenated derivative of the commonly used reference agonist HU-210. It is a methylene homologue of canbisol. It is a potent agonist at both the CB1 and CB2 receptors, with a binding affinity of 0.041 nM at the CB1 receptor, making it marginally more potent than HU-210, which had an affinity of 0.061 nM in the same assay.

<span class="mw-page-title-main">A-834,735</span> Chemical compound

A-834,735 is a drug developed by Abbott Laboratories that acts as a potent cannabinoid receptor full agonist at both the CB1 and CB2 receptors, with a Ki of 12 nM at CB1 and 0.21 nM at CB2. Replacing the aromatic 3-benzoyl or 3-naphthoyl group found in most indole derived cannabinoids with the 3-tetramethylcyclopropylmethanone group of A-834,735 and related compounds imparts significant selectivity for CB2, with most compounds from this group found to be highly selective CB2 agonists with little affinity for CB1. However, low nanomolar CB1 binding affinity is retained with certain heterocyclic 1-position substituents such as (N-methylpiperidin-2-yl)methyl (cf. AM-1220, AM-1248), or the (tetrahydropyran-4-yl)methyl substituent of A-834,735, resulting in compounds that still show significant affinity and efficacy at both receptors despite being CB2 selective overall.

The major drug laws of India are the Narcotic Drugs and Psychotropic Substances Act (1985) and the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act (1988).

<span class="mw-page-title-main">AB-PINACA</span> Chemical compound

AB-PINACA is a compound that was first identified as a component of synthetic cannabis products in Japan in 2012.

<span class="mw-page-title-main">Structural scheduling of synthetic cannabinoids</span>

To combat the illicit synthetic cannabinoid industry many jurisdictions have created a system to control these cannabinoids through their general structure as opposed to their specific identity. In this way new analogs are already controlled before they are even created. A large number of cannabinoids have been grouped into classes based on similarities in their chemical structure, and these classes have been widely adopted across a variety of jurisdictions.

Substituted piperazines are a class of chemical compounds based on a piperazine core. Some are used as recreational drugs and some are used in scientific research.

<span class="mw-page-title-main">JWH-372</span> Chemical compound

JWH-372 (naphthalen-1-yl-[1-pentyl-5-[2-(trifluoromethyl)phenyl]pyrrol-3-yl]methanone) is a synthetic cannabinoid from the naphthoylpyrrole family which acts as a potent and selective agonist of the CB2 receptor. JWH-372 binds approximately 9 times stronger to the CB2 receptor (Ki = 8.2 ± 0.2nM) than the CB1 receptor (Ki = 77 ± 2nM). The selectivity of JWH-372 for the CB2 receptor is likely due to the electron-withdrawing character of the trifluoromethyl group rather than steric effects, as the o-methyl compound JWH-370 was only mildly selective for the CB2 receptor (CB1 Ki = 5.6 ± 0.4nM, CB2 Ki = 4.0 ± 0.5nM).

<span class="mw-page-title-main">JWH-363</span> Chemical compound

JWH-363 (1-Naphthyl{1-pentyl-5-[3-(trifluoromethyl)phenyl]-1H-pyrrol-3-yl}methanone) is a synthetic cannabinoid from the naphthoylpyrrole family which acts as an agonist of the CB1 (Ki = 245 ± 5nM) and CB2 (Ki = 71 ± 1nM) receptors, with a moderate (~3.45x) selectivity for the latter. JWH-363 was first synthesized in 2006 by John W. Huffman and colleagues to examine the nature of ligand binding to the CB1 receptor.

References

UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence  v3.0: To maintain the accuracy of the article, some of the text is copied directly from the legislation.

  1. 1 2 The citation of this act by this short title is authorised by section 40(1) of this act.
  2. ↑ "Single Convention on Narcotic Drugs, 1961, United Nations Office on Drugs and Crime website, accessed 6 February 2009". Unodc.org. 24 October 2007. Retrieved 23 January 2011.
  3. ↑ "Convention on Psychotropic Substances, 1971, United Nations Office on Drugs and Crime website, accessed 6 February 2009". Unodc.org. 24 October 2007. Retrieved 23 January 2011.
  4. ↑ "Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, United Nations Office on Drugs and Crime website, accessed 6 February 2009". Unodc.org. 24 October 2007. Retrieved 23 January 2011.
  5. ↑ "Misuse of Drugs Act, Home Office representation of the act, Home Office website, accessed 27 January 2009". Drugs.homeoffice.gov.uk. Archived from the original on 4 May 2010. Retrieved 23 January 2011.
  6. 1 2 All varieties of cannabis, including those grown as hemp, are controlled under the act, not just drug varieties.
  7. ↑ Statutory Instrument 2001 No. 3998 The Misuse of Drugs Regulations 2001
  8. ↑ Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 26-128 at page 2209.
  9. ↑ Nutt, David J; Leslie A King; Lawrence D Phillips (6 November 2010). "Drug harms in the UK: a multicriteria decision analysis". The Lancet. 376 (9752): 1558–1565. CiteSeerX   10.1.1.690.1283 . doi:10.1016/S0140-6736(10)61462-6. PMID   21036393. S2CID   5667719 . Retrieved 8 February 2012. Alcohol, heroin and crack were found to be most harmful, while LSD, Buprenorphine and psilocybin mushrooms were found to be least harmful.
  10. ↑ Nutt, David (1 April 2010). "Trashing evidence-based drugs policy". The Guardian. Retrieved 8 February 2012. We will give the public the kind of high-quality evidence on drug harms our current crop of politicians apparently do not feel they need before making far reaching decisions around drugs classification.
  11. 1 2 3 "Misuse of Drugs Act 1971 (c. 38): SCHEDULE 2: Controlled Drugs". Office of Public Sector Information. Retrieved 15 June 2009.
  12. 1 2 3 4 5 6 7 8 "The Misuse of Drugs Act 1971 (Modification) Order 2003". Office of Public Sector Information. Retrieved 15 June 2009.
  13. 1 2 3 4 5 6 "The Misuse of Drugs Act 1971 (Modification) Order 1998". Office of Public Sector Information. Retrieved 15 June 2009.
  14. ↑ "Misuse of Drugs Act 1971 (Amendment) Order 2006". Office of Public Sector Information. Retrieved 15 June 2009.
  15. ↑ "Drugs Act 2005 (c. 17)". Office of Public Sector Information. Retrieved 15 June 2009.
  16. ↑ "The Misuse of Drugs Act 1971 (Amendment) Order 2015". UK Home Office. 11 February 2015. Retrieved 11 March 2015.
  17. ↑ "Circular 003/2015: a change to the Misuse of Drugs Act 1971: control of MT-45 and 4,4'-DMAR". UK Home Office. 20 February 2015. Retrieved 11 March 2015.
  18. 1 2 "The Misuse of Drugs Act 1971 (Modification) Order 2001". Office of Public Sector Information. Retrieved 15 June 2009.
  19. ↑ "The Misuse of Drugs (Amendment No. 3) (England, Wales and Scotland) Regulations 2014". www.nationalarchives.gov.uk/doc/open-government-licence/version/3/. UK Home Office. 11 December 2014.
  20. ↑ King, L. A. (2009). Forensic Chemistry of Substance Misuse: A Guide to Drug Control. Cambridge: RSC Publishing.
  21. ↑ "UK Misuse of Drugs act 2001 Amendment summary". Isomer Design. Archived from the original on 22 October 2017. Retrieved 12 March 2014.
  22. 1 2 3 "The Misuse of Drugs Act 1971 (Modification)(No. 2) Order 2003". Office of Public Sector Information. Retrieved 15 June 2009.
  23. 1 2 3 "The Misuse of Drugs Act 1971 (Amendment) Order 2008". Office of Public Sector Information. Retrieved 15 June 2009.
  24. ↑ "The Misuse of Drugs Act 1971 (Amendment) Order 2005". Office of Public Sector Information. Retrieved 15 June 2009.
  25. 1 2 3 4 5 "The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014". UK Government. 28 April 2014. Retrieved 25 September 2014.
  26. ↑ MXE ceased to be covered by the temporary prohibition on 26 February 2013, when it became classified as a Class B drug
  27. ↑ Mephedrone ban comes into force in UK
  28. ↑ "The Misuse of Drugs Act 1971 (Amendment) Order 2010".
  29. ↑ "The Misuse of Drugs Act 1971 (Amendment No. 2) Order 2010".
  30. 1 2 "The Misuse of Drugs Act 1971 (Amendment) Order 2013".
  31. 1 2 "The Misuse of Drugs Act 1971 (Amendment) Order 2016". UKOpenGovernmentLicence.svg This article contains quotations from this source, which is available under the Open Government Licence v3.0. © Crown copyright.
  32. 1 2 Klein, Axel (2007). "Khat and the creation of tradition in the Somali diaspora" (PDF). In Fountain, Jane; Korf, Dirk J. (eds.). Drugs in Society: European Perspectives. Oxford: Radcliffe Publishing. pp.  51–61. ISBN   978-1-84619-093-3.
  33. 1 2 Warfa, Nasir; Klein, Axel; Bhui, Kamaldeep; Leavey, Gerard; Craig, Tom; Stansfeld, Stephen Alfred (2007). "Khat use and mental illness: A critical review". Social Science & Medicine. 65 (2): 309–318. doi:10.1016/j.socscimed.2007.04.038. PMID   17544193.
  34. ↑ The Misuse of Drugs Act 1971 (Amendment) Order 2009 http://www.legislation.gov.uk/ukdsi/2009/9780111486610/contents
  35. ↑ "The Misuse of Drugs Act 1971 (Modification) Order 1995". Office of Public Sector Information. Retrieved 15 June 2009.
  36. ↑ "The Misuse of Drugs Act 1971 (Modification) Order 1996". Office of Public Sector Information. Retrieved 15 June 2009.
  37. ↑ Forensic Chemistry of Substance Misuse : A Guide to Drug Control Edition by Leslie A. King (2009)
  38. ↑ R v Aramah (1982) 4 Cr App R (S) 407, per Lord Lane CJ
  39. ↑ Class A, B and C drugs, Home Office website, accessed 27 January 2009 Archived 4 August 2007 at the Wayback Machine
  40. ↑ Increased from 14 years to life in 1985: Controlled Drugs (Penalties) Act 1985.
  41. ↑ "Misuse of Drugs Act 1971". Opsi.gov.uk. Retrieved 23 January 2011.
  42. ↑ http://www.drugshelp.info/downloads/modr1985.pdf The Misuse of Drugs Regulations 1985
  43. ↑ "The Misuse of Drugs Regulations 2001". Opsi.gov.uk. 16 July 2010. Retrieved 23 January 2011.
  44. ↑ "Drugs Act 2005". Opsi.gov.uk. 16 July 2010. Retrieved 23 January 2011.
  45. ↑ "Tables of legislative effects - Statute Law Database". Statutelaw.gov.uk. Retrieved 23 January 2011.
  46. ↑ DrugScope. "RESOURCES | What are the UK drug laws?". DrugScope. Archived from the original on 27 September 2011. Retrieved 23 January 2011.
  47. ↑ "Microsoft Word - HC1031.doc" (PDF). Retrieved 23 January 2011.
  48. ↑ Nutt, D.; King, L. A.; Saulsbury, W.; Blakemore, C. (2007). "Development of a rational scale to assess the harm of drugs of potential misuse". The Lancet. 369 (9566): 1047–1053. doi:10.1016/S0140-6736(07)60464-4. PMID   17382831. S2CID   5903121.
  49. ↑ "Scientists want new drug rankings, BBC News website, 23 March 2007, accessed 27 January 2009". BBC News. 23 March 2007. Retrieved 23 January 2011.
  50. ↑ "Transform Drug Policy Foundation website, accessed 30 January 2009". Tdpf.org.uk. Retrieved 23 January 2011.
  51. ↑ "Drug Equality Alliance - Mission". Drug Equality Alliance. Retrieved 28 August 2009.
  52. ↑ Travis, Alan (February 2009). "Government criticised over refusal to downgrade ecstasy". The Guardian.
  53. ↑ Kmietowicz Z (2009). "Home secretary accused of bullying drugs adviser over comments about ecstasy". BMJ. 338: b612. doi:10.1136/bmj.b612. PMID   19218327. S2CID   28874033.
  54. ↑ Mark Easton (30 October 2009). "Nutt gets the sack". BBC News. Retrieved 18 December 2011.
  55. ↑ Mark Tran (30 October 2009). "Government drug adviser David Nutt sacked". The Guardian. Retrieved 18 December 2011.
  56. ↑ Jonathan Birdwell; Jake Chapman; Nicola Singleton (5 March 2011). taking drugs seriously: A Demos and UK Drug Policy Commission report on legal highs (PDF). Demos. ISBN   978-1-906693-68-8 . Retrieved 18 December 2012.
  57. ↑ "The Misuse of Drugs Act 1971 (Amendment) Order 2013". www.legislation.gov.uk. Retrieved 22 January 2019.
  58. ↑ "Scitegrity | Controlled Substances Squared". www.scitegrity.com. Retrieved 22 January 2019.
  59. ↑ "Controlled Substances found in research and chemical suppliers collections". www.scitegrity.com.
  60. ↑ "The Misuse of Drugs Regulations 2001". www.legislation.gov.uk. Retrieved 22 January 2019.
  61. ↑ "Research Exemptions | Controlled Substances | In Vitro". blog.scitegrity.com. Retrieved 5 January 2023.
  62. ↑ "Controlled drugs: licences, fees and returns". GOV.UK. Retrieved 27 February 2019.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.