SCHEDULES

SCHEDULE 1EXEMPTED SUBSTANCES

Section 3

Controlled drugs

1

Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).

Medicinal products

2

Medicinal products.

In this paragraph “medicinal product” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 2 of those Regulations).

Alcohol

3

Alcohol or alcoholic products.

In this paragraph—

“alcohol” means ethyl alcohol, and

“alcoholic product” means any product which—

(a)

contains alcohol, and

(b)

does not contain any psychoactive substance.

Nicotine and tobacco products

4

Nicotine.

5

Tobacco products.

In this paragraph “tobacco product” means—

(a)

anything which is a tobacco product within the meaning of the Tobacco Products Duty Act 1979 (see section 1 of that Act), and

(b)

any other product which—

(i)

contains nicotine, and

(ii)

does not contain any psychoactive substance.

Caffeine

6

Caffeine or caffeine products.

In this paragraph “caffeine product” means any product which—

(a)

contains caffeine, and

(b)

does not contain any psychoactive substance.

Food

7

Any substance which—

(a)

is ordinarily consumed as food, and

(b)

does not contain a prohibited ingredient.

In this paragraph—

F1“enactment” includes—

(a)

an enactment contained in subordinate legislation;

(b)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(c)

an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“food” includes drink;

“prohibited ingredient”, in relation to a substance, means any psychoactive substance—

(a)

which is not naturally occurring in the substance, and

(b)

the use of which in or on food is not authorised F2by an enactment.