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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

2014 No.

Dangerous Drugs

The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014

Made

2014

Coming into force

10th June 2014

At the Court at ***, the ***

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 (Ketamine etc.) (Amendment) Order 2014 and comes into force on 10th June 2014.

Amendments to the Misuse of Drugs Act 1971

2.  The following amendments are made to Schedule 2 to the Misuse of Drugs Act 1971.

3.  In Part 1 (which specifies the drugs which are subject to control under that Act as Class A drugs), after paragraph 1(e), insert—

“(f)any compound (not being benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine) structurally derived from mescaline, 4-bromo-2,5-dimethoxy-α-methylphenethylamine, 2,5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine, or a compound specified in sub-paragraph (ba) or (c) above, by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent.”.

4.  In Part 2 (which specifies the drugs which are subject to control under that Act as Class B drugs)—

(a)in paragraph 1(a)—

(i)after “Glutethimide”, insert—

“Ketamine.”;

(ii)after “Lefetamine”, insert—

“Lisdexamphetamine.”;

(b)after paragraph 1(d), insert—

“(e)Any compound (not being a compound for the time being specified in paragraph 1(ba) of Part 1 of this Schedule) structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by substitution in the 6-membered ring with a 2-ethylamino substituent whether or not further substituted in the ring system to any extent with alkyl, alkoxy, halide or haloalkyl substituents and whether or not substituted in the ethylamino side-chain with one or more alkyl substituents.”.

5.  In Part 3 (which specifies the drugs which are subject to control under that Act as Class C drugs) in paragraph 1(a)—

(a)omit “Ketamine”;

(b)after “Tetrazepam”, insert—

“Tramadol.”;

(c)after “N-Ethylamphetamine”, insert—

“Zaleplon.”;

(d)after “Zolpidem”, insert—

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 (‘the Act’). Article 3 of this Order brings groups of “NBOMe” compounds, some of which were subject to control under a Temporary Class Drugs Order (SI 2013/1294), under permanent control as Class A drugs under the Act. The Order reclassifies Ketamine as a Class B drug, makes Lisdexamphetamine a Class B drug and brings groups of benzofuran compounds, some of which were subject to control under a Temporary Class Drugs Order (SI 2013/1294), under permanent control as Class B drugs under the Act. Under article 5 Tramadol, Zaleplon and Zopiclone are brought under control as Class C drugs under the Act.