The Misuse of Drugs Regulations 2001

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Possession of drugs in Schedules 2, 3 [F1, 4 and nitrous oxide] U.K.

10.—(1) Notwithstanding the provisions of section 5(1) of the Act—

(a)a person specified in one of sub-paragraphs (a) to [F2(k)] of regulation 8(2) may have in his possession any drug specified in Schedule 2;

(b)a person specified in one of sub-paragraphs (a) to [F3(i)] of regulation 9(2) may have in his possession any drug specified in Schedule 3 or 4;

(c)a person specified in [F4regulation 9(3)(b) to (d)] or (6) may have in his possession any drug specified in Schedule 3,

[F5(d)a person specified in [F4regulation 9(3)(b) to (d)] may have in his possession any drug specified in Part I of Schedule 4 F6...;

[F7(e)a person specified in [F8regulation 8(7) or (7A), regulation 8(8)(a), or regulation 9(7), (7A) or (8)] may have in her possession any drug specified in those regulations in accordance with the conditions specified in those regulations,]]

[F9(f)a person specified in sub-paragraph (f) of regulation 8(2) may have nitrous oxide in his possession,]

[F10(g)a person specified in regulation 8(8)(b) may have possession of ketamine in accordance with that provision.]

for the purpose of acting in his capacity as such a person, except that nothing in this paragraph authorises—

(i)a person specified in sub-paragraph (e) [F11or (ea)] of regulation 8(2);

(ii)a person specified in sub-paragraph (c) [F12or (d)] of regulation 9(3); or

(iii)a person specified in regulation 9(6),

to have in his possession any drug other than such a drug as is mentioned in the paragraph or sub-paragraph in question specifying him.

(2) Notwithstanding the provisions of section 5(1) of the Act, a person may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 for administration for medical, dental or veterinary purposes in accordance with the directions of a practitioner [F13, a supplementary prescriber acting under and in accordance with the terms of a clinical management plan] [F14, a nurse independent prescriber [F15a podiatrist independent prescriber, a physiotherapist independent prescriber, a paramedic independent prescriber, a therapeutic radiographer independent prescriber] or a pharmacist independent prescriber, except that this paragraph shall not have effect in the case of a person to whom the drug has been supplied by or on the prescription of a doctor, a supplementary prescriber, a nurse independent prescriber, [F15a podiatrist independent prescriber, a physiotherapist independent prescriber, a paramedic independent prescriber, a therapeutic radiographer independent prescriber] a pharmacist independent prescriber or a person specified in Schedule 8 acting in accordance with a patient group direction], if—

(a)that person was then being supplied with any controlled drug by or on the prescription of another doctor [F16, another supplementary prescriber] [F17, another nurse independent prescriber, another pharmacist independent prescriber [F18, another podiatrist independent prescriber, another physiotherapist independent prescriber, another paramedic independent prescriber, another therapeutic radiographer independent prescriber] or another person specified in Schedule 8 acting in accordance with a patient group direction and failed to disclose that fact to the first mentioned doctor, supplementary prescriber, nurse independent prescriber, pharmacist independent prescriber [F19, podiatrist independent prescriber, physiotherapist independent prescriber, paramedic independent prescriber, therapeutic radiographer independent prescriber] or person specified in Schedule 8 acting in accordance with a patient group direction] before the supply by him or on his prescription; or

(b)that or any other person on his behalf made a declaration or statement, which was false in any particular, for the purpose of obtaining the supply or prescription.

(3) Notwithstanding the provisions of section 5(1) of the Act, a person who is authorised as a member of a group may, under and in accordance with the terms of his group authority and in compliance with any conditions attached thereto, have [F20nitrous oxide or] any drug specified in Schedule 2, 3 or Part I of Schedule 4 in his possession.

(4) Notwithstanding the provisions of section 5(1) of the Act—

(a)a person who is authorised by a written authority issued by the Secretary of State under and for the purposes of this sub-paragraph and for the time being in force may, at the premises specified in that authority and in compliance with any conditions so specified, have in his possession [F21nitrous oxide or] any drug specified in Schedule 3 or 4;

(b)a person who is authorised under regulation 9(1)(c ) may have in his possession any drug which he may, by virtue of being so authorised, lawfully produce;

(c)a person who is authorised under regulation 9(4)(a) may have in his possession any drug which he may, by virtue of being so authorised, lawfully supply or offer to supply.

(5) Notwithstanding the provisions of section 5(1) of the Act—

(a)any person may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 for the purpose of compliance with any of the provisions specified in regulation 8(6);

(b)the master of a foreign ship which is in a port in Great Britain may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 so far as necessary for the equipment of the ship.

(6) The foregoing provisions of this regulation are without prejudice to the provisions of regulation 4(3)(a).

Textual Amendments

F1Words in reg. 10 heading substituted (8.11.2023) by The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 (S.I. 2023/1099), regs. 1(1), 7(a)

F2Word in reg. 10(1)(a) substituted (14.3.2005) by The Misuse of Drugs (Amendment) Regulations 2005 (S.I. 2005/271), regs. 1, 2(8)(a)

F3Word in reg. 10(1)(b) substituted (14.3.2005) by The Misuse of Drugs (Amendment) Regulations 2005 (S.I. 2005/271), regs. 1, 2(8)(b)

F4Words in reg. 10(1)(c)(d) substituted (16.8.2007) by The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 (S.I. 2007/2154), regs. 2(1), 4(7)(a)

F5Reg. 10(1)(d)(e) inserted (15.10.2003) by The Misuse of Drugs (Amendment) (No. 3) Regulations 2003 (S.I. 2003/2429), regs. 1, 2(7)(a)

F6Words in reg. 10(1)(d) omitted (23.4.2012) by virtue of The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012 (S.I. 2012/973), regs. 1(1), 11(a)

F7Reg. 10(1)(e) substituted (23.4.2012) by The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012 (S.I. 2012/973), regs. 1(1), 11(b)

F8Words in reg. 10(1)(e) substituted (31.12.2023) by The Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1345), regs. 1(2), 9(a)(i)

F9Reg. 10(1)(f) inserted (8.11.2023) by The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 (S.I. 2023/1099), regs. 1(1), 7(b)

F10Reg. 10(1)(g) inserted (31.12.2023) by The Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1345), regs. 1(2), 9(a)(ii)