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The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2024

S.R. 2024/36 · Made 6 March 2024 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 27 March 2024.

Dangerous Drugs

Made 6th March 2024

Coming into operation 27th March 2024

The Department of Health, makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971f1 as adapted by sections 7(9), 31(4) and 38 of that Act and now vested in itf2 and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act.

Annotations to the whole text

Footnotes

f1

1971 c. 38, as amended by the Police Reform and Social Responsibility Act 2011 (c. 13).

f2

S.R. & O. (N. I.) No. 1973 No. 504, Article 5(a) and S.I. 1999/283 (N.I. 1), Article 3(6).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2024 and shall come into operation on 27th March 2024.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

2Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002I1

(1)

The Misuse of Drugs Regulations (Northern Ireland) 2002f1 are amended as follows.

(2)

In paragraph 1(a) of Schedule 1 (Controlled Drugs subject to the requirements of Regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27)—

(a)

after “Bromazolam (8-bromo-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)” insert “Brorphine”;

(b)

after “Bufotenine” insert “Butonitazene”;

(c)

after “Clonazolam (6-(2-Chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Clonitazene”;

(d)

after “Concentrate of poppy-straw” insert “Cumyl-PeGaClone”;

(e)

after “3-Dimethylheptyl-11-hydroxyhexahydrocannabinol” insert—

“Diphenidine

Ephenidine

Ethyleneoxynitazene”;

(f)

after “Etizolam” insert—

“Etodesnitazene (etazene)

Etonitazene”;

(g)

after “Flubromazolam (8-Bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Flunitazene”;

(h)

after “Isopropylphenidate (IPP or IPPD)” insert “Isotonitazene”;

(i)

after “Methcathinone” insert “Methoxyphenidine”;

(j)

after “Metizolam (4-(2-Chlorophenyl)-2-ethyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine)” insert—

“Metodesnitazene (metazene)

Metonitazene”;

(k)

after “Propylphenidate” insert “Protonitazene”;

(l)

after “1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45)” insert—

“N-Desethyl etonitazene

N-Desethylisotonitazene

N-Desethyl protonitazene”;

(m)

after “4-Methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4’-DMAR)” insert—

“N-Piperidinyl-etonitazene (etonitazepipne)

N-Pyrrolidino-etonitazene (etoniazepyne)

N-Pyrrolidino protonitazene”.

(3)

In paragraph 1 of Schedule 2 (Controlled Drugs subject to the requirements of regulations 14, 15, 16, 16A, 18, 19, 20, 21, 23, 26 and 27) omit “Clonitazene” and “Etonitazene”.

(4)

In paragraph 1 of Part 1 of Schedule 4 (which specifies controlled drugs subject to the requirements of regulations 22, 23, 26 and 27) after “Pyrovalerone” insert “Remimazolam”.

Signature

Sealed with the Official Seal of the Department of Health on 6th March 2024.

(L.S.)

Cathy Harrison

A senior officer of the Department of Health

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Misuse of Drugs Regulations (Northern Ireland) 2002 (S.R. 2002 No. 1) (“the 2002 Regulations”).

Regulation 2(2) adds twenty-one substances (including seventeen synthetic opioids, sixteen of which are nitazenes) to Schedule 1 to the 2002 Regulations. Regulation 2(3) removes two synthetic opioids, both of which are nitazenes (clonitazene and etonitazene), from Schedule 2 to the 2002 Regulations, following their insertion into Schedule 1 to the 2002 Regulations by regulations 2(2)(c) and (f). Regulation 2(4) adds remimazolam to Part 1 of Schedule 4 to the 2002 Regulations. The Schedule in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed and dictates the controls that the drug is subject to, such as the record-keeping, labelling and destruction requirements in relation to that drug. [The controlled drugs placed in Schedule 1 to the 2002 Regulations are those subject to the tightest controls, requiring a licence from the Department of Health in order to access such drugs. The controlled drugs placed in Part 1 of Schedule 4 to the 2002 Regulations are also subject to controls (albeit less strict than those for controlled drugs placed in Schedule 1 to the 2002 Regulations), such as record-keeping, furnishing of information and destruction of drugs.]