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These Regulations amend the Misuse of Drugs Regulations 2001 (S.I. 2001/3998) and the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 (S.I. 2015/704).
Regulation 2 amends Schedule 1 to the Misuse of Drugs Regulations 2001 to reduce the range of compounds captured by one category of synthetic cannabinoids to which the Schedule applies. The controlled drugs listed in Schedule 1 are subject to the tightest controls, requiring a Home Office licence in order to access such drugs.
Regulation 3 amends Schedule 1 to the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 to reduce the range of compounds captured by one category of synthetic cannabinoids in that Schedule. Section 7(3) of the Misuse of Drugs Act 1971 requires the Secretary of State to make regulations to allow drugs controlled under that Act to be used for medicinal purposes. Section 7(3), however, does not apply to any drug which is designated by order under section 7(4) of that Act. Controlled drugs are designated where the Secretary of State is of the opinion that it is in the public interest for production, supply and possession of that drug to be either wholly unlawful or unlawful except for research or other special purposes, or for medicinal use of the drug to be unlawful except under licence. Schedule 1 to the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 specifies the list of controlled drugs to which section 7(4) applies.
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk ; copies may be obtained from the Home Office at 2 Marsham Street, London SW1P 4DF.
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