Drugs controlled by the UK Misuse of Drugs Act
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 Misuse of Drugs Act sets out three separate categories, Class A, Class B, and Class C. Class A drugs represent those deemed most dangerous and so carry the harshest punishments. Class C represents those thought to have the least capacity for harm, and so the Act demands more lenient punishment. In reality the potential harm has little bearing on the class,[1] which has led to dissatisfaction with drug laws.[2]
Being found in possession of a drug on this list is dealt with less seriously than would be if it were deemed that there is intent to supply (even without payment) the drug to others. Possession with intent to supply carries a maximum penalty of life imprisonment.
With regard to lawful possession and supply, a different set of categories apply which are set out in the Misuse of Drugs Regulations 2001 (as amended). This sets out five schedules each with their own restrictions. Schedule 1 contains substances considered by the government to have no medicinal value, such as hallucinogens, and their use is limited primarily to research, whereas schedules 2–5 contain the other regulated drugs. This means that although drugs may fall into the category of Class A/B/C, they may also fall into one of the schedules for legitimate medicinal use. For example, morphine is a Class A drug under the Misuse of Drugs Act 1971, but when lawfully supplied falls under the category of a Schedule 2 controlled drug.
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 has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council's findings. 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.
1. Class C drugs, supposedly the least harmful drugs, include the following substances:—[3]
(a)
(b)
(c)
any compound (not being Trilostane or a compound for the time being specified in sub-paragraph (b) above) structurally derived from 17-hydroxyandrostan-3-one or from 17-hydroxyestran-3-one by modification in any of the following ways, that is to say,
(i) by further substitution at position 17 by a methyl or ethyl group;
(ii) by substitution to any extent at one or more of positions 1, 2, 4, 6, 7, 9, 11 or 16, but at no other position;
(iii) by unsaturation in the carbocyclic ring system to any extent, provided that there are no more than two ethylenic bonds in any one carbocyclic ring;
(iv) by fusion of ring A with a heterocyclic system;
(d)
any substance which is an ester or ether (or, where more than one hydroxyl function is available, both an ester and an ether) of a substance specified in sub-paragraph (b) or described in sub-paragraph (c) above;
(e)
(f)
1–benzylpiperazine or any compound (not being 1–(3–chlorophenyl)piperazine or 1–(3–chlorophenyl)–4–(3–chloropropyl)piperazine) structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways
(i)
by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii)
by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups;
2. Any stereoisomeric form of a substance for the time being specified in paragraph 1 of this Part of this Schedule [not being phenylpropanolamine.]
3. Any salt of a substance for the time being specified in paragraph 1 or 2 of this Part of this Schedule.
4. Any preparation or other product containing a substance for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule.
Derivatives and analogues[edit]
The act contains several references to "derivatives" of compounds but the extent of this term is not fully clarified. Where unspecified it is thought to indicate derivatives which can be made from the specified compound in a single synthetic step, although such a definition would indicate that alkyllysergamide analogues would be uncontrolled. Where the derivatives are specified to be "structural derivatives" there is precedent that the statute applies whenever the structure could be converted to the specified derivatives in any number of synthetic steps.[29]