The Misuse of Drugs Regulations 2001

General authority to supply and possess U.K.

6.—(1) Notwithstanding the provisions of section 4(1)(b) of the Act, any person who is lawfully in possession of a controlled drug may supply that drug to the person from whom he obtained it.

(2) Notwithstanding the provisions of section 4(1)(b) of the Act, any person who has in his possession a drug specified in Schedule 2, 3, 4 or 5 which has been supplied by or on the prescription of a practitioner [F1 , F2 ... a registered nurse, [F3 a pharmacist independent prescriber,] [F4 a physiotherapist independent prescriber, a chiropodist independent prescriber,] [F5 a supplementary prescriber] [F6 , a paramedic independent prescriber, a therapeutic radiographer independent prescriber] or a person specified in Schedule 8] [F7 acting in accordance with a patient group direction] for the treatment of that person, or of a person whom he represents, may supply that drug to any doctor, dentist or pharmacist for the purpose of destruction.

[F8 (2A) Notwithstanding the provisions of section 4(1)(b) of the Act, a person who is in possession of a drug specified in Schedule 5 and who has been supplied that drug by a registered chiropodist or registered podiatrist, may supply that drug to any doctor, dentist or pharmacist for the purpose of destruction.]

(3) Notwithstanding the provisions of section 4(1)(b) of the Act, any person who is lawfully in possession of a drug specified in Schedule 2, 3, 4 or 5 which has been supplied by or on the prescription of a veterinary practitioner or veterinary surgeon for the treatment of animals may supply that drug to any veterinary practitioner, veterinary surgeon or pharmacist for the purpose of destruction.

(4) It shall not by virtue of section 4(1)(b) or 5(1) of the Act be unlawful for any person in respect of whom a licence has been granted and is in force under section 16(1) of the Wildlife and Countryside Act 1981 M1 to supply, offer to supply or have in his possession any drug specified in Schedule 2 or 3 for the purposes for which that licence was granted.

(5) Notwithstanding the provisions of section 4(1)(b) of the Act, any of the persons specified in paragraph (7) may supply any controlled drug to any person who may lawfully have that drug in his possession.

(6) Notwithstanding the provisions of section 5(1) of the Act, any of the persons so specified may have any controlled drug in his possession.

(7) The persons referred to in paragraphs (5) and (6) are

(a) a constable when acting in the course of his duty as such;

(b) a person engaged in the business of a carrier when acting in the course of that business;

(c) a person engaged in the business of [F9 a postal operator (within the meaning of [F10 Part 3 of the Postal Services Act 2011])] when acting in the course of that business;

(d) an officer of customs and excise when acting in the course of his duty as such;

(e) a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged;

(f) a person engaged in conveying the drug to a person who may lawfully have that drug in his possession.

[F11 (8) Notwithstanding the provisions of section 4(1)(b) of the Act, a person lawfully conducting a retail pharmacy business may supply or offer to supply medicines containing phenobarbital or phenobarbital sodium provided that the medicine is supplied (or in the case of an offer to supply would be supplied) in accordance with conditions A to E of regulation 224 or 225 of the Human Medicines Regulations 2012.]

Textual Amendments

F1 Words in reg. 6(2) inserted (15.10.2003) by The Misuse of Drugs (Amendment) (No. 3) Regulations 2003 (S.I. 2003/2429), regs. 1, 2(3)(a)

F2 Words in reg. 6(2) omitted (1.8.2004) by virtue of The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 24(b)

F3 Words in reg. 6(2) inserted (23.4.2012) by The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012 (S.I. 2012/973), regs. 1(1), 5(a)

F4 Words in reg. 6(2) inserted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 4(a)

F5 Words in reg. 6(2) inserted (14.3.2005) by The Misuse of Drugs (Amendment) Regulations 2005 (S.I. 2005/271), regs. 1, 2(3)

F6 Words in reg. 6(2) 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), 4(a)

F7 Words in reg. 6(2) inserted (23.4.2012) by The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012 (S.I. 2012/973), regs. 1(1), 5(b)

F8 Reg. 6(2A) 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), 4(b)

F9 Words in reg. 6(7)(c) substituted (1.8.2003) by The Misuse of Drugs (Amendment) (No. 2) Regulations 2003 (S.I. 2003/1653), regs. 1, 2(4)

F10 Words in reg. 6(7)(c) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 49

F11 Reg. 6(8) inserted (1.6.2015) by The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2015 (S.I. 2015/891), regs. 1(1), 4(b)

Marginal Citations

M1 1981 c. 69.