Misuse
of Drugs (Miscellaneous Amendments) (No. 8) (Jersey) Order 2019
Made 26th June 2019
Coming into
force in accordance with Article 5
THE MINISTER FOR HEALTH AND SOCIAL SERVICES makes this Order under Articles
3, 12, 13 and 27 of the Misuse of Drugs (Jersey) Law 1978[1], and on the recommendation of the
Advisory Council on the Misuse of Drugs –
1 Misuse of Drugs (Jersey) Law 1978 amended
(1) The
Misuse of Drugs (Jersey) Law 1978[2] is amended as set out in
this Article.
(2) In paragraph 1(a) of Part 2 of
Schedule 2, after the entry for “Ethylnaphthidate”
there is inserted –
(3) In paragraph 2 of Part 3 of
Schedule 2 –
(a) after the entry for “Furazabol” there is inserted –
“Gabapentin (1-(aminomethyl)cyclohexaneacetic
acid)”;
(b) after the entry for “Prasterone” there is inserted –
“Pregabalin ((S)-3-(aminomethyl)-5-methylhexanoic
acid)”.
2 Misuse of Drugs (General Provisions)
(Jersey) Order 2009 amended
(1) The Misuse of Drugs (General Provisions)
(Jersey) Order 2009[3] is amended as set out as in
this Article.
(2) After Article 2(4), there is
inserted –
“(5) The prohibition on importation in Article 4(1) of the Law,
as well as Articles 5 and 8(1) of the Law, do not have effect in respect
of cannabinol or cannabinol derivatives found in a preparation of cannabidiol, provided that –
(a) the combined weight of cannabinol and cannabinol derivatives
contained in the preparation is not more than 3% of the weight of cannabidiol contained in the preparation;
(b) a certificate of analysis, attesting that the preparation meets
the criterion set out in sub-paragraph (a), has been issued –
(i) by the Official Analyst appointed under
Article 2 of the Food Safety (Jersey) Law 1966[4], or
(ii) in
compliance with any applicable legislation in the jurisdiction in which the
preparation was analysed, if it was not analysed in Jersey;
(c) the preparation contains no controlled drug other than
cannabinol, cannabinol derivatives or a combination of them;
(d) the preparation contains no plant material that is visible,
without magnification or other enhancement, to an individual with unimpaired
vision; and
(e) the preparation’s package or container sets out, in legible
form, a complete list of the preparation’s ingredients.”.
(3) For Article 15(1)(b) there is
substituted –
“(b) poppy-straw;
(ba) cannabinol or cannabinol derivatives falling
within Article 2(5); or”.
(4) After Article 20(2)(b) there is
inserted –
“(ba) cannabinol or cannabinol derivatives falling
within Article 2(5);”.
(5) In paragraph 1(a) of
Schedule 1 –
(a) in the entry for
“Cannabinol”, after “not falling within” there is inserted “Article 2(5)
or within”;
(b) in the entry for
“Cannabinol derivatives”, for “paragraph 10 of Part 2” there is
substituted “Article 2(5) or within paragraph 10 of Schedule 2”.
(6) In paragraph 6 of Schedule 2, after
the entry for “Fenethylline” there is inserted –
(7) In paragraph 2 of
Schedule 4 –
(a) after the entry for “Furazabol” there is inserted –
“Gabapentin (1-(aminomethyl)cyclohexaneacetic
acid)”;
(b) after the entry for “Prasterone” there is inserted –
“Pregabalin
((S)-3-(aminomethyl)-5-methylhexanoic
acid)”.
3 Schedule to Misuse of Drugs (Designation)
(Jersey) Order 1989 amended
In the Schedule to the Misuse of Drugs
(Designation) (Jersey) Order 1989[5] –
(a) in paragraph 1(a) of Part 1, in
the entries for “Cannabinol” and “Cannabinol derivatives”, for “paragraph 5”
there is substituted “paragraph 5 or 6”;
(b) after paragraph 5 of Part 2,
there is inserted –
“6 Cannabinol
or cannabinol derivatives found in a preparation of cannabidiol,
where –
(a) the combined weight of cannabinol and cannabinol derivatives
contained in the preparation is not more than 3% of the weight of cannabidiol contained in the preparation;
(b) a certificate of analysis, attesting that the preparation meets
the criterion set out in sub-paragraph (a), has been issued –
(i) by the Official Analyst appointed under
Article 2 of the Food Safety (Jersey) Law 1966[6], or
(ii) in compliance with any applicable legislation in the
jurisdiction in which the preparation was analysed, if it was not analysed in
Jersey;
(c) the preparation contains no controlled drug other than cannabinol,
cannabinol derivatives or a combination of them;
(d) the preparation contains no plant material that is visible,
without magnification or other enhancement, to an individual with unimpaired
vision; and
(e) the preparation’s package or container sets out, in legible
form, a complete list of the preparation’s ingredients.”.
4 Article 2 of the Misuse of Drugs (Addicts) (Jersey) Order
1980 deleted
In the Misuse of Drugs (Addicts)
(Jersey) Order 1980[7], Article 2 is deleted.
5 Citation and commencement
(1) This Order may be cited as the Misuse of
Drugs (Miscellaneous Amendments) (No. 8) (Jersey) Order 2019 and, subject
to paragraph (2), comes into force on the day after the day on which it is
made.
(2) Articles 1(3) and 2(7) come into force
on the 30th day after the day on which this Order is made.
deputy r.j. renouf of st. ouen
Minister for Health and Social Services