Misuse of Drugs
(Miscellaneous Amendments) (No. 7) (Jersey)
Order 2018
Made 21st December 2018
Coming into force 1st
January 2019
THE MINISTER FOR HEALTH AND SOCIAL SERVICES, in pursuance of Articles 12,
13 and 27 of the Misuse of Drugs (Jersey) Law 1978[1], and after consultation with the
Advisory Council on the Misuse of Drugs, orders as follows –
1 Amendment
of Misuse of Drugs (Designation) (Jersey) Order 1989
In the Schedule to the Misuse of Drugs (Designation) (Jersey) Order 1989[2] –
(a) in paragraph 1(a)
of Part 1, for the entries from “Cannabinol” to “Cannabis resin”
there is substituted –
“Cannabinol (not
falling within paragraph 5 of Part 2)
Cannabinol derivatives (not
falling within paragraph 5 of Part 2), other than dronabinol or a stereoisomer
of dronabinol
Cannabis (not falling within paragraph 4
or 5 of Part 2)
Cannabis resin (not falling
within paragraph 5 of Part 2)”;
(b) at
the end of Part 2, after paragraph 4, there is inserted –
“5 A
controlled drug (not falling within paragraph 4) that –
(i) cannabinol,
(ii) a
cannabinol derivative, other than dronabinol or a stereoisomer of dronabinol,
(iii) cannabis,
or
(iv) cannabis
resin; and
(b) constitutes or is contained in a medicinal
product, as defined by Article 2 of the Medicines (Jersey) Law 1995[3], that is manufactured –
(i) in
compliance with the principles and guidelines of good manufacturing practice
laid down by Commission Directive 2003/94/EC of 8 October 2003 laying
down the principles and guidelines of good manufacturing practice in respect of
medicinal products for human use and investigational medicinal products for
human use (OJ L 262, 14.10.2003, p. 22) as amended[4] from time to time, and
(ii) by
a manufacturer who holds a certificate of good manufacturing practice issued
under Article 111(5) of Directive 2001/83/EC of the European
Parliament and of the Council of 6 November 2001 on the Community code
relating to medicinal products for human use (OJ L 311, 28.11.2001,
p. 67) as amended[5] from time to time.”.
2 Amendment
of Misuse of Drugs (General Provisions) (Jersey) Order 2009
In the Misuse of Drugs (General Provisions)
(Jersey) Order 2009[6] –
(a) after
Article 20 there is inserted –
“20A Prohibition
of smoking of medicinal products related to cannabis
(1) This Article applies to a controlled drug or
medicinal product that is a Schedule 2 drug by virtue of paragraph 10
of that Schedule.
(2) A person must not take the controlled drug
or medicinal product by smoking it, or administer it by the smoking of it.
(3) Nothing in this Article is to be read as
limiting Article 11(c) of the Law.”;
(b) in paragraph 1(a)
of Schedule 1, for the entries “Cannabinol”, “Cannabinol
derivatives except dronabinol and except any sterio-isomer of dronabinol”
and “Cannabis (not being the substance specified in paragraph 10 of Schedule 4)
and cannabis resin” there is substituted –
“Cannabinol (not
falling within paragraph 10 of Schedule 2)
Cannabinol derivatives (not
falling within paragraph 10 of Part 2), other than dronabinol or a
stereoisomer of dronabinol
Cannabis (not falling within paragraph 10
of Schedule 2 or within paragraph 10 of Schedule 4)
Cannabis resin (not falling
within paragraph 10 of Schedule 2)”;
(c) at
the end of Schedule 2, after paragraph 9, there is inserted –
“10 A controlled drug constituting
or contained in a medicinal product, if and to the extent that the drug and the
medicinal product fall within paragraph 5 of Part 2 of the Schedule to the
Misuse of Drugs (Designation) (Jersey) Order 1989[7].”.
3 Citation
This Order may be cited as the Misuse of Drugs (Miscellaneous
Amendments) (No. 7) (Jersey) Order 2018.
4 Commencement
(1) This
Order, except Article 2, comes into force on 1st January 2019.
(2) Article 2
comes into force immediately following the commencement of the other provisions
of this Order.
Deputy R.J. Renouf of St. Ouen
Minister for Health and Social Services