2019 No. 207
Dangerous Drugs

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

Made
Coming into operation
The Department of Health1 makes the following Order in exercise of the powers conferred by section 7(4) and (5) of the Misuse of Drugs Act 19712, as adapted by section 7(9) of that Act and now vested in it3 and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 7(7) of that Act.

Citation, commencement and interpretation1.

(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) 19544 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) 20012.

(1)

Schedule 1 to the Misuse of Drugs (Designation) Order (Northern Ireland) 20015 (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).