The Misuse of Drugs Act 1971 (c. 38) is an act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Offences under the act include:
Possession of a controlled drug unlawfully Possession of a controlled drug with intent to supply it Supplying or offering to supply a controlled drug (even where no charge is made for the drug) Allowing premises you occupy or manage to be used unlawfully for the purpose of producing or supplying controlled drugs The act establishes the Home Secretary as the principal authority in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only medicines, and cannabis (hemp) may be grown under licence for 'industrial purposes'. The Misuse of Drugs Regulations 2001 (SI 2001/3998), created under the 1971 Act, are about licensing of production, possession and supply of substances classified under the act. These created drug 'schedules', under which the supply of drugs is controlled. The act creates three classes of controlled substances, A, B, and C, and ranges of penalties for illegal or unlicensed possession and possession with intent to supply are graded differently within each class. The lists of substances within each class can be amended by Order in Council, so the Home Secretary can list new drugs and upgrade, downgrade or delist previously controlled drugs with less of the bureaucracy and delay associated with passing an act through both Houses of Parliament. Critics of the act such as David Nutt say that its classification is not based on how harmful or addictive the substances are, and that it is unscientific to omit substances like tobacco and alcohol.
List of controlled drugs These drugs are known in the UK as controlled drug, because this is the term by which the act itself refers to them. In more general terms, however, many of these drugs are also controlled by the Medicines Act 1968, there are many other drugs which are controlled by the Medicines Act but not by the Misuse of Drugs Act, and some other drugs (alcohol, for example) are controlled by other laws. The act sets out four separate categories: Class A, Class B, Class C and temporary class drugs. Substances may be removed and added to different parts of the schedule by statutory instrument, provided a report of the Advisory Council on the Misuse of Drugs (ACMD) has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council's findings.
Class A includes cocaine, heroin, morphine, oxycodone, fentanyl, MDMA ("ecstasy"), methamphetamine, opium, LSD, hydrocodone, DMT, mescaline extracts, and psilocybin/psilocin (magic mushrooms). Class B includes cannabis, synthetic and semisynthetic cannabinoids, ketamine, amphetamine, codeine, methcathinone, barbiturates, mephedrone, methaqualone, methylphenidate, GHB, and GBL. Any class B drug that is prepared for injection use becomes a class A substance. Class C includes benzodiazepines, xylazine, pregabalin, and most other non-barbiturate tranquillisers; tramadol, gabapentin; anabolic steroids, nitrous oxide, khat, substituted piperazines, and substituted cathinones. All other psychoactive drugs except alcohol, caffeine, and tobacco (or other approved nicotine preparations) are controlled under the Psychoactive Substances Act 2016 and Medicines Act 1968. In reality the potential harm has little bearing on the class, which has led to dissatisfaction with drug laws. This list has in practice been modified a great number of times, sometimes removing substances, but more commonly adding some; for example, many benzodiazepines became Class C drugs in 1985, and many cathinones became Class B drugs in 2010.
Class A drugs 1. The following substances:
N.B. Sub-paragraphs (b) and (c) were added in 1977, sub-paragraphs (d) and (e) were added in 1986. Sub-paragraph (ba) was subsequently added in 2001. (b) any compound structurally derived from tryptamine or from a ring-hydroxy tryptamine by modification. (ba) a number of phenethylamine derivatives. (c) compounds structurally derived from phenethylamine an N-alkylphenethylamine, a methylphenethylamine, an N-alkyl-α-methylphenethylamine, an ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by certain modifications. (d) compounds structurally derived from fentanyl by certain modifications. (e) compounds structurally derived from pethidine by certain modifications. (ea) any compound with a maximum molecular mass of 500 atomic mass units and structurally derived from 2-(2-benzyl-benzimidazol-1-yl)ethanamine. (f) any compound structurally derived from mescaline, 4-bromo-2,5-dimethoxy-α-methylphenethylamine, 2,5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine (N-hydroxy-MDA), or a compound specified in sub-paragraph (ba) or (c) above, by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent. 2. Any stereoisomeric of a class A substance, excluding dextromethorphan or dextrorphan. 3. Any ester or ether of a class A substance (that is not listed as a class B substance). 4. Any salt of a class A substance. 5. Any preparation or other product containing a class A substance 6. Any preparation of a class B substance designed for administration by injection.
Class B drugs 1. The following substances: (a)
(aa) Compounds structurally derived from 2–amino–1–phenyl–1–propanone by certain modifications. (ab) Compounds structurally derived from 2–aminopropan–1–one by certain modifications. (b) any 5,5 disubstituted barbituric acid. (c) and (ca) A number of categories of synthetic cannabinoids. (d) 1-Phenylcyclohexylamine or compounds structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by certain modifications (that are not already class A substances). (e) Any compound structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by certain modifications. 2. Any stereoisomeric form of a class B substance. 3. Any salt of a class B substance. 4. Any preparation or other product containing a class B substance, excluding those designed for administration by injection which are class A.
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