The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2014

Statutory Rules of Northern Ireland

2014 No. 21

Dangerous Drugs

The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2014

Made

3rd February 2014

Coming into operation

24th February 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 section 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 extent

1.—(1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 24th February 2014.

(2) In these Regulations the “2002 Regulations” means the Misuse of Drugs Regulations (Northern Ireland) 2002(3).

(3) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

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

2.  Schedule 1 to the 2002 Regulations (which specifies controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27) shall be amended as provided by regulations 3 to 7.

3.  In paragraph 1(a), after “N,N-Diethyltryptamine”, insert—

• “2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol”.

4.  For paragraph 1(h), (i), (j) and (k)(5), substitute—

“(h) Any compound structurally derived from 3–(1–naphthoyl)indole, 3-(2-naphthoyl)indole, 1H–indol–3–yl–(1–naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane 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 naphthyl ring to any extent.

(i) Any compound structurally derived from 3–(1–naphthoyl)pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole 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 pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(j) Any compound structurally derived from 1–(1–naphthylmethylene)indene or 1-(2-naphthylmethylene)indene by substitution at the 3–position of the indene 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 indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(k) Any compound structurally derived from 3–phenylacetylindole 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.”.

5.  After paragraph 1(l) insert—

“(la) 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.

(lb) 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.

(lc) 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.”.

6.  After paragraph 1(o)(6), insert—

“(p) 1-Phenylcyclohexylamine or any compound (not being eticyclidine, ketamine, phencyclidine, rolicyclidine, tenocyclidine or tiletamine) 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.”.

7.  For paragraph 3, substitute—

“3.   Any ester or ether of a substance specified in paragraph 1 (not being 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol) or paragraph 2.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd February 2014.

Dr Paddy Woods

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations add, in regulation 3, 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol, commonly known as O-desmethyltramadol, to paragraph 1(a) of Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 2002. Regulations 4 and 5 add new categories of synthetic cannabinoids in substituted sub-paragraphs (h), (i), (j) and (k), and new sub-paragraphs (la), (lb) and (lc), of paragraph 1 respectively. Regulation 6 adds 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexanone, commonly known as methoxetamine, and other compounds related to ketamine and phencyclidine, in new paragraph 1(p). Regulation 7 substitutes a new paragraph 3 with the effect that an ester or ether of O-desmethyltramadol is not specified in Schedule 1 to the Misuse of Drugs Regulations (Northern Ireland) 2002.

(1)

1971 c.38. Section 22 has been amended by section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979 (c.2)

(2)

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

(3)

S.R. 2002 No.1

(4)

1954 c.33 (N.I.)

(5)

Paragraph 1(h), (i), (j) and (k) was inserted by regulations 3 and 5 (1)(b) of S.R. 2009 No.390

(6)

Paragraph 1(o) was inserted by regulations 3 and 4 of S.R. 2012 No.213