Misuse of drugs legislation

The Misuse of Drugs Act 1971 is the primary legislation for the United Kingdom and came fully into effect in 1973.

Misuse of Drugs Act 1971


Whilst much of this Act consolidated earlier legislation, it introduced some important changes.

It set up the Advisory Council on the Misuse of Drugs, it introduced the concept of irresponsible prescribing, the Tribunal procedure (which is no longer used) and gave the Home Secretary the power to introduce strict standards of security rather than the 'lock and key' requirements of the earlier legislation.

It also introduced the terms 'controlled drugs' and 'CD' to replace the previously used expressions 'dangerous drugs' or 'DDA' respectively.

The main purpose of the Act is to prevent the misuse of controlled drugs and achieves this by imposing a complete ban on the possession, supply, manufacture, import and export of controlled drugs except as allowed by regulations or by licence from the Secretary of State.

Copies of the Act may be obtained through The Stationery Office. 

Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (SR 2001 No. 431)

This Order came into force on 1st February 2002, revoking SR 1987 No. 66 and is one of a series of such orders in force in Northern Ireland over the years.

Under Part I of this, the Order designates which drugs section 7(4) of the Misuse of Drugs Act 1971 applies to.  Under Part II it details the excepted drugs.

Section 7(4) of the Act states:

If in the case of any controlled drug the Secretary of State is of the opinion that it is in the public interest:

(a) for production, supply and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or other special purposes

(b) for it to be unlawful for practitioners, pharmacists and persons lawfully conducting retail pharmacy businesses to do in relation to that drug any of the things mentioned in subsection (3) except under a licence or other authority issued by the Secretary of State

He may by order designate that drug as a drug to which this subsection applies; and while there is in force an order under this subsection designating a controlled drug as one to which this subsection applies, section (3) shall not apply as regards this drug.

Section 7(3) states that the Secretary of State shall so exercise his power to make regulations under subsection (1) to allow doctors, dentists, veterinary practitioners and veterinary surgeons when acting in their professional capacity to prescribe, administer, manufacture, compound or supply a controlled drugs, as well as pharmacists and persons lawfully conducting a retail pharmacist business to manufacture, compound or supply a controlled drug.

Both may also lawfully possess these.

A summary of the main provisions of the legislation is listed on the introductory page.

Designation Order Amendments

  • Misuse of Drugs (Designation) (Variation) Order (Northern Ireland) 1991 SR1991 NO 2
  • Misuse of Drugs (Designation) (Variation) Order (Northern Ireland) 1995 SR1995 NO 306
  • Misuse of Drugs (Designation) (Variation) Order (Northern Ireland) 1998 SR1998 NO 129
  • Misuse of Drugs (Designation) Order (Northern Ireland) 2001 SR 2001 NO 431
  • Misuse of Drugs (designation) (Amendment) Order (Northern Ireland) 2005 SR 2005 NO 359
  • Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2009 SR 2009 NO 389
  • Misuse of Drugs (Designation) Amendment) Order (Northern Ireland) 2010 SR 2010 NO 149
  • The Misuse of Drugs (Designation) (Amendment No.2) Order (Northern Ireland) 2010 SR 2010 NO 246
  • The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2011 S R 2011 NO 154
  • The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2012 SR 2012 NO 212
  • The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2013 SR 2013 NO 77
  • The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2014 SR 2014 NO 20

The Misuse of Drugs Regulations (Northern Ireland) 2002 (S.R. 2002 No. 2)

This section supplies information on how to obtain documents and forms relating to record keeping requirements, preservation of records and destruction of controlled drugs.

Statutory Rule 2002 No. 1 came into force on 1st February 2002.

Amending SRs to The Misuse of Drugs Regulations (Northern Ireland) 2002  

  • Misuse of Drugs (Amendment) Regs (Northern Ireland) 2003 SR 2003 NO 314
  • Misuse of Drugs (Amendment) (No.2) Regs (Northern Ireland) 2003 SR 2003 NO 324
  • Misuse of Drugs (Amendment) (No 3) Regs (Northern Ireland) 2003 SR 2003 NO 420
  • Misuse of Drugs (Amendment) Regs (Northern Ireland) 2005 SR 2005 NO 119
  • Misuse of Drugs (Amendment) (No.2) Regs (Northern Ireland) 2005 SR 2005 NO 360
  • Misuse of Drugs (Amendment) Regs (Northern Ireland) 2005 SR 2005 NO 44
  • Misuse of Drugs (Amendment) (No.2) Regs (Northern Ireland) 2006 SR 2006 NO 214
  • Misuse of Drugs (Amendment) (No 3) Regs (Northern Ireland) 2005 SR 2006 NO 264
  • Misuse of Drugs (Amendment) (No 4) Regs (Northern Ireland) 2006 SR 2006 NO 334
  • Misuse of Drugs (Amendment)Regulations (Northern Ireland) 2009 SR 2009 NO 390
  • Misuse of Drugs (Amendment)Regulations (Northern Ireland) 2009 SR 2009 NO 397
  • Misuse of Drugs (Amendment)Regulations (Northern Ireland) 2010 SR 2010 NO 149
  • The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2010 SR 2010 NO 148
  • The Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2010 SR 2010 NO 247
  • The Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2011 SR 2011 NO 86
  • The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2011 SR 2011 NO 153
  • The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2012 SR 2012 NO 168
  • The Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2012 SR 2012 NO 213
  • The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2013 SR 2013 NO 78
  • The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2014 SR 2014 NO 21

Whereas the Misuse of Drugs Act 1971 contains all of the prohibitions, the authorities are contained in the Regulations.

For example, the Act states that it is an offence for anybody to possess (Section 5) or to supply (Section 4) a controlled drug.

The combined effects of Regulations 8(2)(a),  9(2)(a) and 10(1)(a) and (b) allow a practitioner to possess and supply a controlled drug when acting in his capacity as such.

The Regulations divide controlled drugs into 5 Schedules according to the level of control required and provide reducing levels of control, depending on the perceived risk of social harm.

Home Office A to Z list of the most commonly encountered drugs controlled under the misuse of drugs legislation. 

It is important to note that while this list is extensive it is not exhaustive.

Guidance for medical practitioners

Guidance in primary and secondary care settings

DoH has issued written guides on the use of controlled drugs in primary and secondary care settings.

Department of Health (England) guidance on record keeping requirements and the destruction of controlled drugs

NHS Protect guidance on the security of prescription forms.

The Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 (SR 1973 No. 179)

Statutory Rule 1973 No. 179 came full into operation on 1st July 1975.

List of Amending Regulations

  • The Misuse of Drugs (Safe Custody) (Amendment) Regulations (Northern Ireland) 2011 (SR  2011 No. 86)
  • Misuse of Drugs and Misuse of Drugs (Safe Custody) (Northern Ireland) (Amendment) Regs 2007 (SR 2007 No. 348)

The Regulation applies to the following premises:

(a) those occupied by a retail dealer for the purposes of his business

(b ) any nursing home registered under the Health and Personal Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003

(c) any private hospital within the meaning of the Mental Health (Northern Ireland) Order 1986

The occupier and every person concerned in the management of any premises to which this Regulation applies must ensure that all controlled drugs (other than those specified in Schedule 1 to these Regulations) on the premises are so far as circumstances permit kept in a locked safe, cabinet or room which is so constructed and maintained as to prevent unauthorised access to the drugs.

The Regulation exempts certain controlled drugs from the safe custody requirements.  Those not included in the above list of premises covered above are still required to observe Regulation 5.

Exceptions to the safe custody Regulation requirements

It is not be necessary to comply with the full requirements of this Regulation in respect of any controlled drug in a setting outlined in the previous page which is for the time being under the direct personal supervision of a pharmacist or the person in charge of a premises or any member of his staff designated by him for the purpose.

It also does not have effect in relation to a safe, cabinet or room situated on any premises occupied for the purposes of his business by a person lawfully conducting a retail pharmacy business where an exemption certificate is in force.

Exemption certificates

The certificates are issued by the Pharmaceutical Branch of DHSSPS.

Every certificate specifies:

(a) every safe, cabinet or room to which the certificate relates

(b) any conditions necessary to be observed if the safes, cabinets or rooms to which the certificate relates are to provide an adequate degree of security

Where a certificate is in force the authorised person may inspect the premises at any reasonable time to ascertain whether any conditions specified in the certificate are being observed and provide an adequate degree of security.

A certificate may be cancelled by the authorised person if it appears to him that:

  • there has been a breach of any condition specified in the certificate
  •  as a result of any change of circumstances, the safes, cabinets or rooms to which the certificate relates no longer provide an adequate degree of security
  • the occupier has refused entry to any authorised person acting in pursuance of the Regulation

A certificate  remains in force for a period of five years from the date of issue.

Temporary class drug orders

With effect from 15 November 2011, the Home Secretary has the power under the Misuse of Drugs Act 1971 to invoke a temporary class drug order for a new psychoactive substance that is raising sufficient concern for government to act quickly to protect the public.

Temporary class drug orders enable the government to act faster, on consideration of initial advice from the Advisory Council on the Misuse of Drugs (ACMD), to protect the public against emerging harmful new psychoactive substances while full expert advice is being prepared.

Under the Misuse of Drugs Act 1971, as amended by the Police Reform and Social Responsibility Act 2011, enforcement partners will have powers to tackle illicit manufacturers, suppliers and importers of temporary class drugs.

Those caught committing a temporary class drug offence will face severe criminal sanctions of up to 14 years' imprisonment and an unlimited fine.
The new working protocol agreed between the Home Secretary and the ACMD details how government and the ACMD will work under the new temporary control power.

There are no drugs currently subject to a temporary class drug order. This status will be updated where appropriate.

Further information on temporary control provisions under the 1971 Act, temporary class drug orders and temporary class drugs:

 

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