The Misuse of Drugs Act 1971 (Amendment) Order 2010

Draft Order laid before Parliament under section 2(5) of the Misuse of Drugs Act 1971, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2010 No.

Dangerous Drugs

The Misuse of Drugs Act 1971 (Amendment) Order 2010

Made

****

Coming into force

16th April 2010

At the Court at Buckingham Palace, the **th day of **** 2010

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 2(5) of the Misuse of Drugs Act 1971(1) a draft of this Order has been laid before Parliament on the recommendation of the Advisory Council on the Misuse of Drugs and approved by a resolution of each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 2(2) of that Act, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1.  This Order may be cited as the Misuse of Drugs Act 1971 (Amendment) Order 2010 and shall come into force on 16th April 2010.

Amendments to the Misuse of Drugs Act 1971

2.  In Part 2 of Schedule 2 to the Misuse of Drugs Act 1971 (which specifies the drugs which are subject to control under that Act as Class B drugs)—

(a) in paragraph 1(a), after “Methcathinone”, insert—

“4–Methylmethcathinone”;

(b) after paragraph 1(a), insert—

“(aa) Any compound (not being bupropion, cathinone, diethylpropion, pyrovalerone or a compound for the time being specified in sub–paragraph (a) above) structurally derived from 2–amino–1–phenyl–1–propanone by modification in any of the following ways, that is to say,

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

(ii) by substitution at the 3–position with an alkyl substituent;

(iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.”.

Judith Simpson

Clerk of the Privy Council

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order adds 4-methylmethcathinone (commonly known as mephedrone) and other cathinone derivatives to Part 2 of Schedule 2 to the Misuse of Drugs Act 1971 (“the Act”) which specifies drugs which are subject to control as Class B drugs under the Act. It does not include cathinones and cathinone derivatives already controlled under the Act or bupropion.

(1)

1971 c. 38. Schedule 2 has been amended by section 21 of the Drugs Act 2005 (c. 17) and S.I. 1973/771, 1975/421, 1977/1243, 1979/299, 1983/765, 1984/859, 1985/1995, 1986/2230, 1989/1340, 1990/2589, 1995/1966, 1996/1300, 1998/750, 2001/3932, 2003/1243, 2003/3201, 2005/3178, 2006/3331, 2008/3130 and 2009/3209.