The Misuse of Drugs (Amendment No. 3) (England, Wales and Scotland) Regulations 2014

Statutory Instruments

2014 No. 3277

Dangerous Drugs, England And Wales

Dangerous Drugs, Scotland

The Misuse of Drugs (Amendment No. 3) (England, Wales and Scotland) Regulations 2014

Made

11th December 2014

Laid before Parliament

17th December 2014

Coming into force

7th January 2015

The Secretary of State 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).

In accordance with section 31(3) of that Act the Secretary of State has consulted with the Advisory Council on the Misuse of Drugs.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Misuse of Drugs (Amendment No. 3) (England, Wales and Scotland) Regulations 2014 and come into force on 7th January 2015.

(2) These Regulations extend to England and Wales and Scotland.

Amendment of the Misuse of Drugs Regulations 2001

2.  The Misuse of Drugs Regulations 2001(2) are amended as follows.

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

(a) after “Tenocyclidine” insert—

“(6aR,9R)-4-acetyl-N,N-diethyl-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ALD-52)”;

(b) after “4-bromo-2,5-dimethoxy-a-methylphenethylamine” insert—

“3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921)

(6aR,9R)-N,N-diethyl-7-allyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (AL-LAD)

(6aR,9R)-N,N-diethyl-7-ethyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ETH-LAD)

(6aR,9R)-N,N-diethyl-7-propyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (PRO-LAD)”;

(c) after “2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol” insert—

“2,4-dimethylazetidinyl{(6aR,9R)-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinolin-9-yl}methanone (LSZ)”.

4.  For paragraph 1(b) of Schedule 1, substitute—

“(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—

(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;”.

5.  In Schedule 2 (which specifies controlled drugs subject to the requirements of regulations 14, 15, 16, 18, 19, 20, 21, 23, 26 and 27) after “Hydropmorphone” insert—

“4-Hydroxy-n-butyric acid”.

6.  In paragraph 1 of Part 1 of Schedule 4 (which specifies controlled drugs subject to the requirements of regulations 22, 23, 26 and 27) omit “4-Hydroxy-n-butyric acid”.

Lynne Featherstone

Minister of State

Home Office

11th December 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations 2001 (“the Regulations”). The Schedule of the Regulations in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed. The controlled drugs placed in Schedule 1 to the Regulations are those subject to the tightest controls.

Regulation 3 adds certain LSD related compounds and the synthetic opiate known as AH-7921 to Schedule 1 to the Regulations. Regulation 4 replaces the definition of tryptamine compounds in Schedule 1 with a wider generic definition. Regulations 5 and 6 move 4-Hydroxy-n-butyric acid (‘GHB’) from Part 1 of Schedule 4 to the Regulations to Schedule 2.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

1971 c. 38; section 22 was amended by section 177 of, and paragraph 12 of Schedule 4, to the Customs and Excise Management Act 1979 (c. 2); there are amendments to section 31 but they are not relevant to these Regulations.

(2)

S.I. 2001/3998. Relevant amending instruments are S.I. 2003/1432, S.I. 2005/1653, S.I. 2005/3372, S.I. 2006/986, S.I.

2007/2154, S.I. 2009/3136, S.I. 2010/1144, S.I. 2011/448, S.I. 2012/385, S.I. 2012/1311, S.I. 2013/176, S.I. 2013/625, S.I. 2014/1275 and S.I. 2014/1377.