The Misuse of Drugs (Designation) Order 2001

Statutory Instruments

2001 No. 3997

DANGEROUS DRUGS

The Misuse of Drugs (Designation) Order 2001

Made

13th December 2001

Laid before Parliament

14th December 2001

Coming into force

1st February 2002

The Secretary of State, in exercise of the powers conferred on him by section 7(4) and (5) of the Misuse of Drugs Act 1971(1), on the recommendation of the Advisory Council on the Misuse of Drugs, hereby makes the following Order:

1.  This Order may be cited as the Misuse of Drugs (Designation) Order 2001 and shall come into force on 1st February 2002.

2.—(1) The controlled drugs specified in Part I of the Schedule to this Order are designated as drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies.

(2) Part II of the Schedule to this Order shall have effect for the purpose of specifying those controlled drugs which are excepted from Part I of that Schedule.

3.  The Misuse of Drugs (Designation) Order 1986(2), the Misuse of Drugs (Designation) (Variation) Order 1990(3), the Misuse of Drugs (Designation) (Variation) Order 1995(4) and the Misuse of Drugs (Designation) (Variation) Order 1998(5) are revoked.

Bob Ainsworth

Parliamentary Under-Secretary of State

Home Office

13th December 2001

SCHEDULE

PART I CONTROLLED DRUGS TO WHICH SECTION 7(4) OF THE MISUSE OF DRUGS ACT 1971 APPLIES

1.  The following substances and products, namely:—

Bufotenine	Mescaline
Cannabinol	Methcathinone
Cannabinol derivatives not being dronabinol or its stereoisomers	Psilocin
	Raw opium
Cannabis	Rolicyclidine
Cannabis resin	Tenocyclidine
Cathinone	4-Bromo-2,5-dimethoxy-α-methylphenethylamine
Coca leaf
Concentrate of poppy-straw	N,N-Diethyltryptamine
Eticyclidine	N,N-Dimethyltryptamine
Etryptamine	2,5-Dimethoxy-α,4-dimethyl-phenethylamine
Lysergamide
Lysergide and other N-alkyl derivatives of lysergamide	N-Hydroxy-tenamphetamine
	4-Methyl-aminorex;

(b) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;

(c) the following phenethylamine derivatives, namely—

• Allyl(α-methyl-3,4-methylenedioxyphenethyl)amine

• 2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol

• 2-Amino-1-(3,4-dimethoxyphenyl)ethanol

• Benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine

• 4-Bromo-β,2,5-trimethoxyphenethylamine

• N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine

• Cyclopropylmethyl(α-methyl-3,4-methylenedioxyphenethyl)amine

• 2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)ethylamine

• 2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)-1-methylethylamine

• 2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine

• 2-(1,4-Dimethoxy-2-naphthyl)ethylamine

• 2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine

• N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine

• 2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine

• 2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine

• α,α-Dimethyl-3,4-methylenedioxyphenethylamine

• α,α-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine

• Dimethyl(α-methyl-3,4-methylenedioxyphenethyl)amine

• N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine

• 4-Iodo-2,5-dimethoxy-α-methylphenethyl(dimethyl)amine

• 2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine

• 2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-methylethylamine

• 2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine

• 2-Methoxyethyl(α-methyl-3,4-methylenedioxyphenethyl)amine

• 2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine

• β-Methoxy-3,4-methylenedioxyphenethylamine

• 1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine

• 1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine

• 2-(α-Methyl-3,4-methylenedioxyphenethylamino)ethanol

• α-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine

• N-Methyl-N-(α-methyl-3,4-methylenedioxyphenethyl)hydroxylamine

• O-Methyl-N-(α-methyl-3,4-methylenedioxyphenethyl)hydroxylamine

• α-Methyl-4-(methylthio)phenethylamine

• β,3,4,5-Tetramethoxyphenethylamine

• β,2,5-Trimethoxy-4-methylphenethylamine;

(d) any compound (not being methoxyphenamine or a compound for the time being specified in sub-paragraph (a) above) structurally derived from phenethylamine, an N-alkylphenethylamine, α-methylphenethylamine, an N-alkyl-α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substitutents, whether or not further substituted in the ring by one or more other univalent substitutents;

(e) any compound (not being a compound for the time being specified in Part II of this Schedule) structurally derived from fentanyl by modification in any of the following ways, that is to say—

(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;

(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;

(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;

(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;

(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;

(vi) by replacement of the N-propionyl group by another acyl group;

(f) any compound (not being a compound for the time being specified in Part II of this Schedule) structurally derived from pethidine by modification in any of the following ways, that is to say—

(i) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;

(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;

(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;

(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;

(v) by formation of an N-oxide or of a quaternary base.

2.  Any stereoisomeric form of a substance specified in paragraph 1 above.

3.  Any ester or ether of a substance specified in paragraph 1 or 2 above.

4.  Any salt of a substance specified in any of paragraphs 1 to 3 above.

5.  Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 4 above.

PART II CONTROLLED DRUGS EXCEPTED FROM PART I

1.  The compounds referred to in paragraph 1(e) of Part I of this Schedule are—

• Alfentanil

• Carfentanil

• Lofentanil

• Sufentanil.

2.  The compounds referred to in paragraph 1(f) of Part I of this Schedule are—

• Allylprodine

• Alphameprodine

• Alphaprodine

• Anileridine

• Betameprodine

• Betaprodine

• Hydroxypethidine

• Properidine

• Trimeperidine.

Explanatory Note

(This note is not part of the Order)

Section 7(3) of the Misuse of Drugs Act 1971 requires regulations to be made to allow the use for medical purposes of the drugs which are subject to control under the Act. Section 7(3) does not however apply to any drug which is designated by order under section 7(4) as a drug to which section 7(4) is to apply.

This Order, which revokes and replaces the Misuse of Drugs (Designation) Order 1986 (as amended), designates for this purpose the drugs specified in Part I of the Schedule to the Order. It differs from the previous Order by the addition, in paragraph 1(c) of Part I of the Schedule, of thirty-five substances which are all phenethylamine derivatives and which became subject to control under the Act by virtue of the Misuse of Drugs Act 1971 (Modification) Order 2001 (S.I. 2001/3932).

Part II of the Schedule specifies certain compounds which are excepted from paragraph 1(e) and (f) of Part I and are therefore not designated by this Order.

(1)

1971 c. 38.

(2)

S.I. 1986/2331.

(3)

S.I. 1990/2631.

(4)

S.I. 1995/2047.

(5)

S.I. 1998/881.