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The Misuse of Drugs (Amendment No.2) and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2014

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Statutory Rules of Northern Ireland

2014 No. 158

Dangerous Drugs

The Misuse of Drugs (Amendment No.2) and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2014

Made

5th June 2014

Coming into operation

26th June 2014

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971 (1) as adapted by sections 7(9), 31(4) and 38 of that Act and now vested in it (2) and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Misuse of Drugs (Amendment No.2) and Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 26th June 2014.

(2) The Interpretation Act (Northern Ireland) 1954 (3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the Misuse of Drugs Regulations (Northern Ireland) 2002

2.  The Misuse of Drugs Regulations (Northern Ireland) 2002 (4) shall be amended as provided by regulations 3 to 6.

3.  In Schedule 1 (controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27), after paragraph 1(p) insert—

(q)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, or a compound specified in sub-paragraph (c) or (d) 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.

(r)Any compound (not being a compound for the time being specified in sub- paragraph (c) above) 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.

4.  In Schedule 2 (controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 21, 23, 26 and 27), in paragraph 1 after “Levorphanol” insert—

Lisdexamphetamine

5.  In Schedule 3 (controlled drugs subject to the requirements of regulations 14, 15 (except Temazepam) 16, 18, 22, 23, 24, 26 and 27), in paragraph 1(a) after “Temazepam” insert—

Tramadol

6.  In Schedule 4 (controlled drugs subject to the requirements of regulations 22, 23, 26 and 27), in Part 1, paragraph 1—

(a)After “N-Ethylamphetamine”, insert—

Zaleplon

(b)After “Zolpidem”, insert—

Zopiclone

Amendments to the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973

7.  The Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 (5) shall be amended as provided by regulation 8.

8.  In Schedule 1 (exempted drugs) in paragraph 3—

(a)After sub-paragraph (j), insert—

(ja)Tramadol

(b)In sub-paragraph (k), for “(j)” substitute “(ja)”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th June 2014

Legal seal

Liz Reaney

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations add, in regulation 3, groups of ‘NBOMe’ compounds and groups of benzofuran compounds to Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 2002 (the “2002 Regulations”). Regulation 4 adds Lisdexamphetamine to Schedule 2 and regulation 5 adds Tramadol to Schedule 3 of the 2002 Regulations. Regulation 6 adds Zaleplon and Zopiclone to Schedule 4 of the 2002 Regulations. The schedule in which a controlled drug is placed primarily affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed and dictates the record keeping, labelling and destruction requirements in relation to the drug. Regulation 7 amends the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 to insert Tramadol into the list of exempted drugs in Schedule 1 of those Regulations.

(1)

1971 c.38. as amended by s.151 of, and Schedule 17 to, the Police Reform and Social Responsibility Act 2011 c.13.

(2)

S.R. & O. (N.I.) 1973 No.504, Article 5(a) and S.I.1999/283 (N.I.1), Article 3(6).

(5)

S.R.1973 No.179; relevant amending Regulations are S.R.1987 No.67, S.R.1999 No.252, S.R.2007 No.348 and S.R.2011 No.86.

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