The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 207

Dangerous Drugs

The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2019

Made

24th October 2019

Coming into operation

15th November 2019

The Department of Health(1) makes the following Order in exercise of the powers conferred by section 7(4) and (5) of the Misuse of Drugs Act 1971(2), as adapted by section 7(9) of that Act and now vested in it(3) 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) 2019 and shall come into operation on 15th November 2019.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

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(5) (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(sa) of Part 1 of Schedule 1, for the words before paragraph (i) substitute—

“Any compound (not being a compound for the time being specified in sub-paragraphs (h) to (s) above) structurally related to 1-pentyl-3-(1-naphthoyl)indole (JWH-018), in that the four sub-structures, that is to say the indole ring, the pentyl substituent, the methanone linking group and the naphthyl ring, are linked together in a similar manner, whether or not any of the sub-structures have been modified, and whether or not substituted in any of the linked sub-structures with a benzyl or phenyl group and whether or not such compound is further substituted to any extent with alkyl, alkenyl, alkoxy, halide, haloalkyl or cyano substituents and, where any of the substructures have been modified, the modifications of the sub-structures are limited to any of the following, that is to say—”.

Sealed with the Official Seal of the Department of Health on 24th October 2019

Cathy Harrison

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Order)

Section 7(3) of the Misuse of Drugs Act 1971 (c. 38) (the 1971 Act) requires regulations to be made to allow the use for certain purposes, including medical use, of the drugs which are subject to control under that Act. Section 7(4)(b) of the 1971 Act provides, however, that designated controlled drugs will be exempt from this easement and so cannot lawfully be prescribed, administered, produced, compounded or supplied except under licence or other authority issued by the Department of Health. The designations in question are in the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (the 2001 Order). Part 1 of Schedule 1 to the 2001 Order is amended by reducing the range of compounds captured by one of the definitions of synthetic cannabinoids in Schedule 1 to that Order (which specifies the list of controlled drugs to which section 7(4) of the 1971 Act applies).

(1)

The Department of Health, Social Services and Public Safety was renamed the Department of Health by section 1(5) of the Departments Act (Northern Ireland) 2016 (c. 5) (N.I.)

(2)

1971 c.38, as amended by section 151 of, and Schedule17 to, the Police Reform and Social Responsibility Act 2011 (c. 13)

(3)

S.R.&O. (N.I.) 1973 No. 504, Article 5(a) and S.I. 1999/283 (N.I.), Article 3(6)

(4)

1954 c. 33 (N.I.)

(5)

S.R. 2001 No. 431, relevant amending Orders are S.R. 2018 Nos. 174 and 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