The Misuse of Drugs Act 1971 (Amendment) Order 2024

Statutory Instruments

2024 No. 190

Dangerous Drugs

The Misuse of Drugs Act 1971 (Amendment) Order 2024

Made

21st February 2024

Coming into force

20th March 2024

At the Court at Buckingham Palace, the 21st day of February 2024

Present,

The King’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 after consultation with the Advisory Council on the Misuse of Drugs and approved by a resolution of each House of Parliament.

Accordingly, His Majesty, in exercise of the powers conferred on Him by section 2(2) of that Act, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and extent

1.—(1) This Order may be cited as the Misuse of Drugs Act 1971 (Amendment) Order 2024 and comes into force on the twenty-eighth day after the day on which it is made.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

Amendments to the Misuse of Drugs Act 1971

2.—(1) The following amendments are made to Schedule 2 to the Misuse of Drugs Act 1971.

(2) In Part 1 (which specifies the drugs which are subject to control as Class A drugs)(2) in paragraph 1(a)—

(a) after “Bezitramide.” insert “Brorphine.”;

(b) after “Bufotenine.” insert “Butonitazene.”;

(c) after “Ecgonine, and any derivate of ecgonine which is convertible to ecgonine or to cocaine.” insert “Ethyleneoxynitazene.”;

(d) after “Eticyclidine.” insert “Etodesnitazene (etazene).”;

(e) after “Fentanyl.” insert “Flunitazene.”;

(f) after “Isomethadone.” insert “Isotonitazene.”;

(g) after “Methyldihydromorphine (6-methyldihydromorphine).” insert—

“Metodesnitazene (metazene).

Metonitazene.”;

(h) after “Properidine (1-methyl-4-phenyl-piperdine-4-carboxylic acid isopropyl ester).” insert “Protonitazene.”;

(i) after “1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45).” insert—

“N-Desethyl etonitazene.

N-Desethylisotonitazene.

N-Desethyl protonitazene.”;

(j) after “4-Phenylpiperidine-4-carboxylic acid ethyl ester.” insert—

“N-Piperidinyl-etonitazene (etonitazepipne).

N-Pyrrolidino-etonitazene (etonitazepyne).

N-Pyrrolidino protonitazene.”.

(3) In Part 2 (which specifies the drugs which are subject to control as Class B drugs)(3) in paragraph 1(a)—

(a) after “Codeine.” insert “Cumyl-PeGaClone.”;

(b) after “Dihydrocodeine.” insert—

“Diphenidine.

Ephenidine.”;

(c) after “Methcathinone” insert “Methoxyphenidine.”.

(4) In Part 3 (which specifies the drugs which are subject to control as Class C drugs)(4) in paragraph 1(a) after “Pyrovalerone.” insert “Remimazolam.”.

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings certain drugs under the control of the Misuse of Drugs Act 1971 (c. 38) (“the Act”). Article 2(2) of this Order brings fifteen synthetic opioids, including fourteen nitazenes, under control as Class A drugs under the Act. Article 2(3) of this Order brings cumyl-PeGaClone, diphenidine, ephenidine, and methoxyphenidine under control as Class B drugs under the Act. Article 2(4) of this Order brings remimazolam under control as a Class C drug under the Act.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and community bodies is available from www.legislation.gov.uk and published with an Explanatory Memorandum alongside the instrument. Copies may be obtained from the Drug Misuse Unit of the Home Office at 2 Marsham Street, London, SW1P 4DF.

(1)

1971 c. 38.

(2)

Subparagraph (a) was designated as such by S.I. 1977/1243. Relevant amending instruments are S.I. 1984/859 and S.I. 2015/215. There are other amendments to Part 1 of Schedule 2 which are not relevant to this Order.

(3)

Subparagraph (a) of paragraph 1 was designated as such by S.I. 1984/859. A relevant amending instrument is S.I. 1998/750. There are other amendments to Part 2 of Schedule 2 which are not relevant to this Order.

(4)

Subparagraph (a) of paragraph 1 was designated as such by S.I. 1996/1300. A relevant amending instrument is S.I. 1986/2230. There are other amendments to Part 3 of Schedule 2 which are not relevant to this Order.