The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2014

Statutory Rules of Northern Ireland

2014 No. 20

Dangerous Drugs

The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2014

Made

3rd February 2014

Coming into force

24th February 2014

The Department of Health, Social Services and Public Safety makes the following Order in exercise of the powers conferred by section 7(4) of the Misuse of Drugs Act 1971(1) as adapted by section 38 of that Act and now vested in it (2) and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 7(7) of that Act.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2014 and shall come into operation on 24th February 2014.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to the Misuse of Drugs (Designation) Order 2001

2.  Part 1 of the Schedule to the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (which specifies controlled drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies) shall be amended as provided by Articles 3 to 7.

3.  In paragraph 1(a) after “N, N-Diethyltryptamine”, insert—

• “2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol”.

4.  For paragraph 1(1), (m), (n) and (o)(4), substitute—

“(1) Any compound structurally derived from 3-(1-naphthoyl)indole,3-(2-naphthoyl)indole, 1H-indol-3-yl-(1-naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkeny1, cyanoalky1, hydroxyalky1, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholiny)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(m) Any compound structurally derived from 3–(1–naphthoyl)pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(n) Any compound structurally derived from 1–(1–naphthylmethylene)indene or 1-(2-naphthylmethylene)indene by substitution at the 3–position of the indene ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(o) Any compound structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.”.

5.  After paragraph 1(p)(5) insert—

“(pa) Any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

(pb) Any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent.

(pc) Any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholiny)ethyl, whether or not further substituted in the indole ring to any extent.”.

6.  After paragraph 1(s)(6), insert—

“(t) 1-Phenylcyclohexylamine or any compound (not being eticyclidine, ketamine, phencyclidine, rolicyclidine, tenocyclidine or tiletamine) structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by modification in any of the following ways, that is to say,

(i) by substitution at the nitrogen atom to any extent by alkyl, alkenyl or hydroxyalkyl groups, or replacement of the amino group with a 1-piperidyl, 1-pyrrolidyl or 1-azepyl group, whether or not the nitrogen containing ring is further substituted by one or more alkyl groups;

(ii) by substitution in the phenyl ring to any extent by amino, alkyl, hydroxy, alkoxy or halide substituents, whether or not further substituted in the phenyl ring to any extent;

(iii) by substitution in the cyclohexyl or cyclohexanone ring by one or more alkyl substituents;

(iv) by replacement of the phenyl ring with a thienyl ring.”.

7.  For paragraph 3, substitute—

“3.   Any ester or ether of a substance specified in paragraph 1 (not being 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohxanol) or paragraph 2.”

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd February 2014.

Dr Paddy Woods

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

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 that Act. Section 7(3) does not apply to any drug designated by order under section 7(4) as a drug to which section 7(4) is to apply. This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 by inserting into Part 1 of the Schedule to that Order 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol, commonly known as O-desmethyltramadol; new categories of synthetic cannabinoids; and 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexanone, commonly known as methoxetamine, and other compounds related to ketamine and phencyclidine. Article 7 substitutes a new paragraph 3 to the effect that an ester or ether of O-desmethyltramadol is not designated as a drug to which section 7(4) of the Misuse of Drugs Act 1971 applies.

(1)

1971 c.38

(2)

SR & O (NI) 1973 No.504, Article 5 (a) and S.I. 1999 No.283 (NI.1) Article 3(6)

(3)

1954 c.33 (N.I.)

(4)

Paragraph 1(1), (m), (n) and (o) was inserted by article 3(c) of S.R. 2009 No.389

(5)

Paragraph 1(p) was inserted by article 3(c) of S.R. 2009 No.389

(6)

Paragraph 1(s) was inserted by article 3(c) of S.R. 2012 No.212