The Misuse of Drugs (Designation) (Amendment No.2) Order (Northern Ireland) 2018

Amendment of the Misuse of Drugs (Designation) Order (Northern Ireland) 2001

2.—(1) Schedule 1 to the Misuse of Drugs (Designation) Order (Northern Ireland) 2001(1) (which specifies the controlled drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies) is amended as follows.

(2) In paragraph 1(a) of Part 1(2) —

(a) after “Cannabinol” insert “(not being the product specified in paragraph 5 (1) or (2) of Part 2 of this Schedule)”;

(b) after “Cannabinol derivatives not being dronabinol or its stereoisomers” insert “(and not being the product specified in paragraph 5(1) or (2) of Part 2 of this Schedule)”;

(c) for “Cannabis (not being the substance specified in paragraph 4 of Part 2 of this Schedule)”, substitute “Cannabis (not being the substance specified in paragraph 4 of Part 2 of this Schedule or product specified in paragraph 5(1) or (2) of Part 2 of this Schedule)”; and

(d) after “Cannabis resin” insert “(not being the product specified in paragraph 5(1) or (2) of Part 2 of this Schedule)”.

(3) In Part 2 (which specifies controlled drugs excepted from Part 1), after paragraph 4 insert—

“5.— (1) A cannabis based product for medicinal use in humans.

(2) A product which is—

(a) specified in Part 1 as a consequence of the application of paragraphs 2 to 5 of Part 1 to a preparation or other product (not being the substance specified in paragraph 4 of Part 2) which is or contains cannabis, cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or its stereoisomers ); and

(b) produced for medicinal use in humans.

(3) In this paragraph—

“cannabis based product for medicinal use in humans” means a preparation or other product (not being the substance specified in paragraph 4 of Part 2), which—

(a)

is or contains cannabis, cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or its stereoisomers);

(b)

is produced for medicinal use in humans; and

(c)

is—

(i)

a medicinal product, or

(ii)

a substance or preparation for use as an ingredient of, or in the production of an ingredient of, a medicinal product; and

“medicinal product” has the same meaning as in the Human Medicines Regulations 2012(3).

(4) In this Schedule “dronabinol” does not include any substance which—

(a) has the international non-proprietary name dronabinol (recommended by the World Health Organisation); and

(b) is derived from cannabis, cannabis resin or their constituents,

and stereoisomers of dronabinol are to be construed accordingly.”.

(1)

S.R. 2001 No. 431, relevant amending Orders are S.R. 2018 No. 3, S.R. 2015 Nos. 228 and 54, S.R. 2014 Nos. 262, 159 and 20, S.R. 2013 No. 77, S.R. 2012 No. 212, S.R. 2011 No. 154, S.R. 2010 Nos. 246 and 149, S.R. 2009 No. 389 and S.R. 2005 No. 359

(2)

Paragraph 1 of Part 1 of Schedule 1 has been amended by S.R. 2018 No. 3

(3)

S.I. 2012/1916. See the definition of “medicinal product” in regulation 2.