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Misuse of Drugs Act 1971

Status:

This is the original version (as it was originally enacted).

Schedule 1Constitution etc. of Advisory Council on the Misuse of Drugs

1(1)The members of the Advisory Council, of whom there shall be not less than twenty, shall be appointed by the Secretary of State after consultation with such organisations as he considers appropriate, and shall include—

(a)in relation to each of the activities specified in sub-paragraph (2) below, at least one person appearing to the Secretary of State to have wide and recent experience of that activity ; and

(b)persons appearing to the Secretary of State to have wide and recent experience of social problems connected with the misuse of drugs.

(2)The activities referred to in sub-paragraph (1)(a) above are—

(a)the practice of medicine (other than veterinary medicine);

(b)the practice of dentistry ;

(c)the practice of veterinary medicine ;

(d)the practice of pharmacy ;

(e)the pharmaceutical industry;

(f)chemistry other than pharmaceutical chemistry.

(3)The Secretary of State shall appoint one of the members of the Advisory Council to be chairman of the Council.

2The Advisory Council may appoint committees, which may consist in part of persons who are not members of the Council, to consider and report to the Council on any matter referred to them by the Council.

3At meetings of the Advisory Council the quorum shall be seven, and subject to that the Council may determine their own procedure.

4The Secretary of State may pay to the members of the Advisory Council such remuneration (if any) and such travelling and other allowances as may be determined by him with the consent of the Minister for the Civil Service.

5Any expenses incurred by the Advisory Council with the approval of the Secretary of State shall be defrayed by the Secretary of State.

Schedule 2Controlled Drugs

Part IClass A Drugs

1The following substances and products, namely :—

Acetorphine.

Allylprodine.

Alphacetylmethadol.

Alphameprodine.

Alphamethadol.

Alphaprodine.

Anileridine.

Benzethidine.

Benzylmorphine (3-benzylmorphine).

Betacetylmethadol.

Betameprodine.

Betamethadol.

Betaprodine.

Bezitramide.

Bufotenine.

Cannabinol, except where contained in cannabis or cannabis resin.

Cannabinol derivatives.

Clonitazene.

Coca leaf.

Cocaine.

Desomorphine.

Dextromoramide.

Diamorphine.

Diampromide.

Diethylthiambutene.

Dihydrocodeinone O-carboxymethyloxime.

Dihydromorphine.

Dimenoxadole.

Dimepheptanol.

Dimethylthiambutene.

Dioxaphetyl butyrate.

Diphenoxylate.

Dipipanone.

Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.

Ethylmethylthiambutene.

Etonitazene.

Etorphine.

Etoxeridine.

Fentanyl.

Furethidine.

Hydrocodone.

Hydromorphinol.

Hydromorphone.

Hydroxypethidine.

Isomethadone.

Ketobemidone.

Levomethorphan.

Levomoramide.

Levophenacylmorphan.

Levorphanol.

Lysergamide.

Lysergide and other N-alkyl derivatives of lysergamide.

Mescaline.

Metazocine.

Methadone.

Methadyl acetate.

Methyldesorphine.

Methyldihydromorphine (6-methyldihydromorphine).

Metopon.

Morpheridine.

Morphine.

Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives.

Myrophine.

Nicodicodine (6-nicotinoyldi hydrocodeine).

Nicomorphine (3, 6-dinicotinoyl morphine).

Noracymethadol.

Norlevorphanol.

Normethadone.

Normorphine.

Norpipanone.

Opium, whether raw, prepared or medicinal.

Oxycodone.

Oxymorphone.

Pethidine.

Phenadoxone.

Phenampromide.

Phenazocine.

Phenomorphan.

Phenoperidine.

Piminodine.

Piritramide.

Poppy-straw and concentrate of poppy-straw.

Proheptazine.

Properidine (l-methyl-4-phenyl-piperidine-4-carboxylic acid isopropyl ester).

Psilocin.

Racemethorphan.

Racemoramide.

Racemorphan.

Thebacon.

Thebaine.

Trimeperidine.

4-Cyano-2-dimethylamino-4, 4-diphenylbutane.

4-Cyano- l-methyl-4-phenylpiperidine.

N, N-Diethyltryptamine.

N, N-Dimethyltryptamine.

2,5-Dimethoxy-a,4-dimethylphenethylamine.

1 -Methyl-4-phenylpiperidine-4 carboxylic acid.

2-Methyl-3-morpholino-1,

1 - diphenylpropanecarboxylic acid.

4-Phenylpiperidine-4-carboxylic acid ethyl ester.

2Any stereoisomeric form of a substance for the time being specified in paragraph 1 above not being dextromethorphan or dextrorphan.

3Any ester or ether of a substance for the time being specified in paragraph 1 or 2 above.

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

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

6Any 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.

Part IIClass B Drugs

1The following substances and products, namely:—

Acetyldihydrocodeine.

Amphetamine.

Cannabis and cannabis resin.

Codeine.

Dexamphetamine.

Dihydrocodeine.

Ethylmorphine (3-ethylmorphine).

Methylamphetamine.

Methylphenidate.

Nicocodine.

Norcodeine.

Phenmetrazine.

Pholcodine.

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

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

4Any 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.

Part IIIClass C Drugs

1The following substances, namely:—

Benzphetamine.

Chlorphentermine.

Fencamfamin.

Mephentermine.

Methaqualone.

Pemoline.

Phendimetrazine.

Phentermine.

Pipradrol.

Prolintane.

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

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

4Any 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.

Part IVMeaning of certain Expressions used in this Schedule

For the purposes of this Schedule the following expressions (which are not among those defined in section 37(1) of this Act) have the meanings hereby assigned to them respectively, that is to say—

" cannabinol derivatives " means the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives ;

" coca leaf" means the leaf of any plant of the genus Erythroxylon from whose leaves cocaine can be extracted either directly or by chemical transformation ;

"concentrate of poppy-straw" means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids;

" medicinal opium " means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;

" opium poppy " means the plant of the species Papaver somni-ferum L;

"poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;

" raw opium " includes powdered or granulated opium but does not include medicinal opium.

Schedule 3Tribunals, Advisory Bodies and Professional Panels

Part ITribunals

Membership

1(1)A tribunal shall consist of five persons of whom—

(a)one shall be a barrister, advocate or solicitor of not less than seven years' standing appointed by the Lord Chancellor to be the chairman of the tribunal; and

(b)the other four shall be persons appointed by the Secretary of State from among members of the respondent's profession nominated for die purposes of this Schedule by any of the relevant bodies mentioned in sub-paragraph (2) below.

(2)The relevant bodies aforesaid are—

(a)where the respondent is a doctor, the General Medical Council, the Royal Colleges of Physicians of London and Edinburgh, the Royal Colleges of Surgeons of England and Edinburgh, the Royal College of Physicians and Surgeons (Glasgow), the Royal College of Obstetricians and Gynaecologists, the Royal College of General Practitioners, the Royal Medico-Psychological Association and the British Medical Association ;

(b)where the respondent is a dentist, the General Dental Council and the British Dental Association ;

(c)where the respondent is a veterinary practitioner or veterinary surgeon, the Royal College of Veterinary Surgeons and the British Veterinary Association.

(3)Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Lord President of the Court of Session.

Procedure

2The quorum of a tribunal shall be the chairman and two other members of the tribunal.

3Proceedings before a tribunal shall be held in private unless the respondent requests otherwise and the tribunal accedes to the request.

4(1)Subject to paragraph 5 below, the Lord Chancellor may make rules as to the procedure to be followed, and the rules of evidence to be observed, in proceedings before tribunals, and in particular—

(a)for securing that notice that the proceedings are to be brought shall be given to the respondent at such time and in such manner as may be specified by the rules;

(b)for determining who, in addition to the respondent, shall be a party to the proceedings;

(c)for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the tribunal;

(d)for enabling any party to the proceedings to be represented by counsel or solicitor.

(2)Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Secretary of State.

(3)The power to make rules under this paragraph shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament

5(1)For the purpose of any proceedings before a tribunal in England or Wales or Northern Ireland the tribunal may administer oaths and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to give any evidence or produce any document which he could not be compelled to give or produce on the trial of an action.

(2)The provisions of section 49 of the Supreme Court of Judicature (Consolidation) Act 1925, or of the Attendance of Witnesses Act 1854 (which provide special procedures for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any proceedings before a tribunal in England or Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3)For the purpose of any proceedings before a tribunal in Scotland, the tribunal may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the tribunal.

6Subject to the foregoing provisions of this Schedule, a tribunal may regulate its own procedure.

7The validity of the proceedings of a tribunal shall not be. affected by any defect in the appointment of a member of the tribunal or by reason of the fact that a person not entitled to do so took part in the proceedings.

Financial provisions

8The Secretary of State may pay to any member of a tribunal fees and travelling and other allowances in respect of his services in accordance with such scales and subject to such conditions as the Secretary of State may determine with the approval of the Treasury.

9The Secretary of State may pay to any person who attends as a witness before the tribunal sums by way of compensation for the 1925 c. 49. 1854 c. 34. loss of his time and travelling and other allowances in accordance with such scales and subject to such conditions as may be determined as aforesaid.

10If a tribunal recommends to the Secretary of State that the whole or part of the expenses properly incurred by the respondent for the purposes of proceedings before the tribunal should be defrayed out of public funds, the Secretary of State may if he thinks fit make to die respondent such payments in respect of those expenses as the Secretary of State considers appropriate.

11Any expenses incurred by a tribunal with the approval of the Secretary of State shall be defrayed by the Secretary of State.

Supplemental

12The Secretary of State shall make available to a tribunal such accommodation, the services of such officers and such other faculties as he considers appropriate for the purpose of enabling the tribunal to perform its functions.

Part IIAdvisory Bodies

Membership

13(1)An advisory body shall consist of three persons of whom—

(a)one shall be a person who is of counsel to Her Majesty and is appointed by the Lord Chancellor to be the chairman of the advisory body; and

(b)another shall be a person appointed by the Secretary of State, being a member of the respondent's profession who is an officer of a department of the Government of the United Kingdom; and

(c)the other shall be a person appointed by the Secretary of State from among the members of the respondent's profession nominated as mentioned in paragraph 1 above.

(2)Sub-paragraph (1) above shall have effect in relation to an advisory body in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Lord President Of the Court of Session.

Procedure

14The respondent shall be entitled to appear before and be heard by the advisory body either in person or by counsel or solicitor.

15Subject to the provisions of this Part of this Schedule, an advisory body may regulate its own procedure.

Application of provisions of Part I

16Paragraphs 3, 7, 8 and 10 to 12 of this Schedule shall apply in relation to an advisory body as they apply in relation to a tribunal.

Part IIIProfessional Panels

Membership

17A professional panel shall consist of a chairman and two other persons appointed by the Secretary of State from among the members of the respondent's profession after consultation with such one or more of the relevant bodies mentioned in paragraph 1(2) above as the Secretary of State considers appropriate.

Procedure

18The respondent shall be entitled to appear before, and be heard by, the professional panel either in person or by counsel or solicitor.

19Subject to the provisions of this Part of this Schedule, a professional panel may regulate its own procedure.

Application of provisions of Part I

20Paragraphs 3, 7 and 8 of this Schedule shall apply in relation to a professional panel as they apply in relation to a tribunal.

Part IVApplication of Parts I to III to Northern Ireland

21In the application of Parts I to III of this Schedule to Northern Ireland the provisions specified in the first column of the following Table shall have effect subject to the modifications specified in relation thereto in the second column of that Table. TABLE

Provision of this ScheduleModification
Paragraph 1In sub-paragraph (1), for the references to the Lord Chancellor and the Secretary of State there shall be substituted respectively references to the Lord Chief Justice of Northern Ireland and the Minister of Home Affairs for Northern Ireland.
Paragraph 4In sub-paragraph (1), for the reference to the Lord Chancellor there shall be substituted a reference to the Ministry of Home Affairs for Northern Ireland.

For sub-paragraph (3) there shall be substituted—

" (3) Any rules made under this paragraph by the Ministry of Home Affairs for Northern Ireland shall be

subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act."
Paragraphs 8 to 12For the references to the Secretary of State and the Treasury there shall be substituted respectively references to the Ministry of Home Affairs for Northern Ireland and the Ministry of Finance for Northern Ireland.
Paragraph 13

In sub-paragraph (1)—

(a) for the references to the Lord Chancellor and Secretary of State there shall be substituted respectively references to the Lord Chief Justice of Northern Ireland and the Minister of Home Affairs for Northern Ireland; and

(b) for the reference to a department of the Government of the United Kingdom there shall be substituted a reference to a department of the Government of Northern Ireland.

Paragraph 16The references to paragraphs 8 and 10 to 12 shall be construed as references to those paragraphs as modified by this Part of this Schedule.
Paragraph 17For the reference to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland.
Paragraph 20The reference to paragraph 8 shall be construed as a reference to that paragraph as modified by this Part of this Schedule.

Schedule 4Prosecution and Punishment of Offences

Section Creating OffenceGeneral Nature of OffenceMode of ProsecutionPunishment
Class A drug involvedClass B drug involvedClass C drug involvedGeneral
Section 4(2)Production, or being concerned in the production, of a controlled drug.(a) Summary12 months or £400, or both.12 months or £400, or both.6 months or £200, or both.
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 4(3)Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another.(a) Summary12 months or £400, or both.12 months or £400, or both.6 months or £200, or both.
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 5(2)Having possession of a controlled drug.(a) Summary12 months or £400, or both.6 months or £400, or both.6 months or £200, or both.
(b) On indictment7 years or a fine, or both.5 years or a fine, or both.2 years or a fine, or both.
Section 5(3)Having possession of a controlled drug with intent to supply it to another.(a) Summary12 months or £400, or both.12 months or £400, or both.6 months or £200, or both.
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 6(2)Cultivation of cannabis plant(a) Summary12 months or £400, or both.
(b) On indictment14 years or a fine, or both.
Section 8Being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there.(a) Summary12 months or £400, or both.12 months or £400, or both.6 months or £200, or both.
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 9Offences relating to opium(a) Summary12 months or £400, or both.
(6) On indictment14 years or a fine, or both.
Section 11(2)Contravention of directions relating to safe custody of controlled drugs.(a) Summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.
Section 12(6)Contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs.(a) Summary12 months or £400, or both.12 months or £400, or both.6 months or £200, or both.
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 13(3)Contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs.(a) Summary12 months or £400, or both.12 months or £400, or both.6 months or £200, or both.
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 17(3)Failure to comply with notice requiring information relating to prescribing, supply etc. of drugs.Summary£100.
Section 17(4)Giving false information in purported compliance with notice requiring information relating to prescribing, supply etc. of drugs.(a) Summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.
Section 18(1)Contravention of regulations (other than regulations relating to addicts).(a) Summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.
Section 18(2)Contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts).(a) Summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.
Section 18(3)Giving false information in purported compliance with obligation to give information imposed under or by virtue of regulations.(a) Summary6 months or £400. or both.
(b) On indictment2 years or a fine, or both.
Section 18(4)Giving false information, or producing document etc. containing false statement etc., for purposes of obtaining issue or renewal of a licence or other authority.(a) Summary ...6 months or £400. or both.
(b) On indictment2 years or a fine, or both.
Section 20Assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law.(a) Summary.12 months or £400, or both.
(b) On indictment14 years or a fine, or both.
Section 23(4)Obstructing exercise of powers of search etc. or concealing books, drugs etc.(a) Summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.

Schedule 5Savings and Transitional Provisions

1(1)Any addiction regulations which could have been made under this Act shall not be invalidated by any repeal effected by this Act but shall have effect as if made under the provisions of this Act which correspond to the provisions under which the regulations were made; and the validity of any licence issued under any such addiction regulations shall not be affected by any such repeal.

(2)Any order, rule or other instrument or document whatsoever made or issued, any direction given, and any other thing done, under or by virtue of any of the following provisions of the Dangerous Drugs Act 1967, that is to say section 1(2), 2 or 3 or the Schedule, shall be deemed for the purposes of this Act to have been made, issued or done, as the case may be, under the corresponding provision of this Act; and anything begun under any of the said provisions of that Act may be continued under this Act as if begun under this Act.

(3)In this paragraph " addiction regulations " means any regulations made under section 11 of the Dangerous Drugs Act 1965 which include provision for any of the matters for which regulations may be so made by virtue of section 1(1) of the Dangerous Drugs Act 1967.

2As from the coming into operation of section 3 of this Act any licence granted for the purpose of section 5 of the Drugs (Prevention of Misuse) Act 1964 or sections 2,3 or 10 of the Dangerous Drugs Act 1965 shall have effect as if granted for the purposes of section 3(2) of this Act.

3(1)The Secretary of State may at any time before the coming into operation of section 12 of this Act give a direction under subsection (2) of that section in respect of any practitioner or pharmacist whose general authority under the Dangerous Drugs Regulations is for the time being withdrawn; but a direction given by virtue of this sub-paragraph shall not take effect until section 12 comes into operation, and shall not take effect at all if the general authority of the person concerned is restored before that section comes into operation.

(2)No direction under section 12(2) of this Act shall be given by virtue of sub-paragraph (1) above in respect of a person while the withdrawal of his general authority under the Dangerous Drugs Regulations is suspended; but where, in the case of any practitioner or pharmacist whose general authority has been withdrawn, the withdrawal is suspended at the time when section 12 comes into operation, the Secretary of State may at any time give a direction under section 12(2) in respect of him by virtue of this sub-paragraph unless the Secretary of State has previously caused to be served on him a notice stating that he is no longer liable to have such a direction given in respect of him by virtue of this sub-paragraph.

(3)In this paragraph " the Dangerous Drugs Regulations " means, as regards Great Britain, the Dangerous Drugs (No. 2) Regulations 1964 or, as regards Northern Ireland, the Dangerous Drugs Regulations (Northern Ireland) 1965.

4Subject to paragraphs 1 to 3 above, and without prejudice to the generality of section 31(1)(c) of this Act, regulations made by the Secretary of State under any provision of this Act may include such provision as the Secretary of State thinks fit for effecting the transition from any provision made by or by virtue of any of the enactments repealed by this Act to any provision made by or by virtue of this Act, and in particular may provide for the continuation in force, with or without modifications, of any licence or other authority issued or having effect as if issued under or by virtue of any of those enactments.

5For purposes of the enforcement of the enactments repealed by this Act as regards anything done or omitted before their repeal, any powers of search, entry, inspection, seizure or detention conferred by those enactments shall continue to be exercisable as if those enactments were still in force.

6The mention of particular matters in this Schedule shall not prejudice the general application of section 38(2) of the Interpretation Act 1889 with regard to the effect of repeals.

Schedule 6Repeals

ChapterShort TitleExtent of Repeal
1964 c. 64.The Drugs (Prevention of Misuse) Act 1964.The whole Act.
1965 c. 15.The Dangerous Drugs Act 1965.The whole Act.
1967 c. 82.The Dangerous Drugs Act 1967.The whole Act.
1968 c. 59.The Hovercraft Act 1968.Paragraph 6 of the Schedule.
1968 c. 67.The Medicines Act 1968.In Schedule 5, paragraphs 14 and 15.

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