The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2023

Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002 N.I.

2.—(1) The Misuse of Drugs Regulations (Northern Ireland) 2002(1) are amended as follows.

(2) In regulation 2(2) (Interpretation), insert the following definitions in the appropriate places insert—

““medical purposes” means the purposes of preventative medicine, medical diagnosis, medical research or the provision of medical care and treatment; and

“nitrous oxide” includes any preparation or other product containing nitrous oxide;”.

(3) In regulation 4 (Exceptions for drugs in Schedules 4 and 5 and poppy-straw)—

(a) in paragraph (1) after “Schedule 5” insert “except nitrous oxide”;

(b) in paragraph (3)(b) after “Schedule 5” insert “except nitrous oxide”.

(4) After regulation 4B (Exceptions for gamma-butyrolactone and 1,4-butanediol), insert—

““4C    Exceptions for nitrous oxide

(1) The application of section 3(1) (which prohibits the importation and exportation of controlled drugs) of the Act, in so far as it creates an offence, and the application of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979(2), in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Act, are hereby excluded in the cases of importation or exportation of nitrous oxide except where a person imports or exports the substance and—

(a) intends to wrongfully inhale it; or

(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.

(2) Notwithstanding the provisions of section 4(1)(a) (which prohibits the production of controlled drugs) of the Act, any person may import, export or produce nitrous oxide except where the person—

(a) intends to wrongfully inhale it; or

(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.

(3) Notwithstanding the provisions of section 4(1)(b) (which prohibits the supply, and offer to supply, of controlled drugs) of the Act, any person may—

(a) supply, including by way of administration, nitrous oxide, except where the person knows, or is reckless as to whether, it is likely to be wrongfully inhaled by a person; or

(b) offer to supply nitrous oxide, except where the person knows, or is reckless as to whether, if the substance were supplied in accordance with the offer, it would be likely to be wrongfully inhaled by any person.

(4) Notwithstanding the provisions of section 5(1) (which prohibits the possession of controlled drugs) of the Act, any person may possess nitrous oxide except where the person—

(a) intends to wrongfully inhale it; or

(b) intends to supply it to another person for its wrongful inhalation by any person.

(5) In this regulation, references to wrongful inhalation mean any inhalation other than—

(a) for medical or dental purposes; or

(b) of nitrous oxide which has been released into the atmosphere.”.

(5) In regulation 7 (1) (Administration of drugs in Schedules 2, 3, 4 and 5), after “Schedule 5” insert “except nitrous oxide”.

(6) In regulation 10 (Possession of drugs in Schedules 2, 3 and 4)—

(a) in the heading, for “and 4” substitute “, 4 and nitrous oxide”;

(b) after sub-paragraph (e) of paragraph 1, insert—

“(f) a person specified in sub-paragraph (f) of regulation 8(2) may have nitrous oxide in his possession,”;

(c) in paragraph (3), after “have” insert “nitrous oxide or”; and

(d) in sub-paragraph (a) of paragraph (4), after “possession” insert “nitrous oxide or”.

(7) In Schedule 5 (Controlled drugs excepted from the prohibition on importation, exportation and possession and subject to the requirements of regulations 24 and 26)—

(a) in the heading, after “possession” insert “(apart from nitrous oxide)”; and

(b) after paragraph 10 insert—

“11.   Nitrous oxide. ”

Commencement Information

I1 Reg. 2 in operation at 8.11.2023, see reg. 1(1)

(1)

S.R. 2002 No. 1. Relevant amending regulations are S.R. 2003 No. 420, S.R. 2005 No. 119, S.R. 2007 No. 348, S.R. 2012 Nos. 168 and 1916, S.R. 2019 No.208 and S.R. 2020 No. 104

(2)

1979 c. 2 as amended by the Taxation (Cross-border Trade) Act 2018 (c. 22). Other amendments have been made to sections 50, 68 and 170 not relevant to these Regulations.