Misuse of Drugs Act 1971

37 Interpretation. U.K.

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “the Advisory Council” means the Advisory Council on the Misuse of Drugs established under this Act;

• [F1 “cannabis” (except in the expression “cannabis resin”) means any plant of the genusCannabisor any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely—

  (a)

  mature stalk of any such plant,

  (b)

  fibre produced from mature stalk of any such plant, and

  (c)

  seed of any such plant;]

• “cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genusCannabis;

• “contravention” includes failure to comply, and “contravene” has a corresponding meaning;

• “controlled drug” has the meaning assigned by section 2 of this Act;

• “corresponding law” has the meaning assigned by section 36(1) of this Act;

• “dentist” means a person registered in the dentists register under the [F2 Dentists Act 1984 or entered in the list of visiting [F3 EEA practitioners] under Schedule 4 to that Act;]

• [F4 “doctor” means a registered medical practitoner within the meaning of Schedule 1 to the Interpretation Act 1978;]

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “person lawfully conducting a retail pharmacy business”, subject to subsection (5) below, means a person lawfully conducting such a business in accordance with section 69 of the M1 Medicines Act 1968;

• “pharmacist” has the same meaning as in the M2 Medicines Act 1968;

• “practitioner” (except in the expression “veterinary practitioner”) means a doctor, dentist, veterinary practioner or veterinary surgeon;

• “prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

• “prescribed” means prescribed by regulations made by the Secretary of State under this Act;

• “produce”, where the reference is to producing a controlled drug, means producing it by manufacture, cultivation or any other method, and “production” has a corresponding meaning;

• “supplying” including distributing;

• “veterinary practitioner” means a person registered in the supplementary veterinary register kept under section 8 of the M3 Veterinary Surgeons Act 1966;

• “veterinary surgeon” means a person registered in the register of veterinary surgeons kept under section 2 of the M4 Veterinary Surgeons Act 1966.

(2) References in this Act to misusing a drug are references to misusing it by taking it; and the reference in the foregoing provision to the taking of a drug is a reference to the taking of it by a human being by way of any form of self-administration, whether or not involving assistance by another.

(3) For the purposes of this Act the things which a person has in his possession shall be taken to include any thing subject to his control which is in the custody of another.

(4) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.

(5) So long as sections 8 to 10 of the Pharmacy and Poisons Act 1933 remain in force, this Act in its application to Great Britain shall have effect as if for the definition of “person lawfully conducting a retail pharmacy business” in subsection (1) above there were substituted—

“person lawfully conducting a retail pharmacy business” means an authorised seller of poisons within the meaning of the Pharmacy and Poisons Act 1933;

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1 S. 37: For other earlier exercises of power see Index to Government Orders

P2 S. 31 (with ss. 30 and 37(1)) power exercised by S.I. 1991/339

Textual Amendments

F1 Definition substituted by Criminal Law Act 1977 (c. 45), s. 52

F2 Words substituted by virtue of Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 3

F3 Words in s. 37(1) substituted (1.7.1996) by S.I. 1996/1496, reg.7

F4 Definition substituted by Medical Act 1983 (c. 54, SIF 83:1), ss. 54, 56(1), Sch. 5 para. 9

F5 Words repealed by S.I. 1976/1213 (N.I. 22), Sch. 6

Modifications etc. (not altering text)

C1 Reference to enactment of the Parliament of Northern Ireland to be construed as including reference to Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)

Marginal Citations

M1 1968 c. 67.

M2 1968 c. 67.

M3 1966 c. 36.

M4 1966 c. 36.