THE MINISTER FOR HEALTH AND SOCIAL SERVICES, in pursuance of Articles 4, 5, 8, 12, 13, 23 and 27 of the Misuse of Drugs (Jersey) Law 1978, and after consultation with the Advisory Council on the Misuse of Drugs, orders as follows –

Commencement [see endnotes]

PART 1

Interpretation

1 Interpretation

(1) In this Order, unless the context otherwise requires –

“exempt product” means a preparation or other product that consists of one or more component parts, any of which contains a controlled drug, where –

(a) the preparation or other product is not designed for administration of the controlled drug to a human being or animal;

(b) the controlled drug in any component part is packaged in such a form, or in combination with other active or inert substances in such a manner, that it cannot be recovered by readily applicable means or in a yield that constitutes a risk to health; and

(c) no one component part of the product or preparation contains more than one milligram of the controlled drug or one microgram in the case of lysergide or any other N-alkyl derivative of lysergamide;

“health prescription” means a prescription issued under the Health Insurance (Jersey) Law 1967;

“Law” means the Misuse of Drugs (Jersey) Law 1978;

“master” and “seamen” have the same meanings as in the Shipping Law;

“Medical Officer” means –

(a) the Medical Officer of Health appointed under Article 10 of the Loi (1934) sur la Santé Publique; or

(b) a doctor acting under the Medical Officer of Health’s direction for the purposes of this Order;

“medicinal product” has the meaning given to that expression by Article 2 of the Medicines (Jersey) Law 1995;

“midwife” means a person registered as a midwife under the Health Care (Registration) (Jersey) Law 1995;

“nurse independent prescriber” means a nurse as described in paragraph (1A);

“nursing officer”, in respect of a nursing home or a hospital, means the senior registered nurse for the time being responsible for the hospital or nursing home;

“operating department practitioner” means a person registered as an operating department practitioner under the Health Care (Registration) (Jersey) Law 1995;

“paramedic independent prescriber” means a paramedic as described in paragraph (1A);

“pharmacist independent prescriber” means a pharmacist as described in paragraph (1A);

“physiotherapist independent prescriber” means a physiotherapist as described in paragraph (1A);

“podiatrist independent prescriber” means a podiatrist as described in paragraph (1A);

“prescriber identification number”, in respect of a person, means the number recorded against the person’s name by the Minister for the purposes of the person’s prescribing;

“prescription” means a prescription issued –

(a) by a doctor for the medical treatment of a single individual;

(b) by a dentist for the dental treatment of a single individual;

(d) by a registered independent prescriber for the medical treatment of a single individual;

“preserved”, in respect of a document, means –

(a) kept in its original form; or

(b) copied and kept in a computerised form;

“register” means –

(a) a bound book not being a form of loose leaf register or card index; or

(b) a computerised storage system of a type approved by the Chief Pharmacist;

“registered nurse” means a person registered under the Health Care (Registration) (Jersey) Law 1995 as a nurse;

“registered ambulance paramedic” means a person registered under the Health Care (Registration) (Jersey) Law 1995 as an ambulance paramedic;

“registered independent prescriber” means a nurse independent prescriber, paramedic independent prescriber, pharmacist independent prescriber, physiotherapist independent prescriber, podiatrist independent prescriber or therapeutic radiographer independent prescriber;

“registered premises” means premises registered under Article 74 of the Medicines (Jersey) Law 1995;

“retail dealer” means a person lawfully conducting a retail pharmacy business;

“Schedule 1 drug” means a controlled drug specified in Schedule 1;

“Schedule 2 drug” means a controlled drug specified in Schedule 2;

“Schedule 3 drug” means a controlled drug specified in Schedule 3;

“Schedule 4 drug” means a controlled drug specified in Schedule 4;

“Schedule 5 drug” means a controlled drug specified in Schedule 5;

“Schedule 6 drug” means a controlled drug specified in Schedule 6;

“Shipping Law” means the Shipping (Jersey) Law 2002;

“therapeutic radiographer independent prescriber” means a radiographer as described in paragraph (1A);

“veterinary prescription” means a prescription issued by a veterinary surgeon for animal treatment;

“wholesale dealer” means a person who carries on the business of selling controlled drugs to persons who buy to them sell again.[1]

(1A) a registered independent prescriber falls under this paragraph if that person is –

(a) registered in respect of that occupation under the Health Care (Registration) (Jersey) Law 1995;

(b) a person whose entry on the register established and maintained under Article 5 of the Nursing and Midwifery Order 2001 of the United Kingdom (S.I. 2000/253) indicates that he or she is, or may act as, a supplementary prescriber only;

(c) a person whose entry on the register established and maintained under Article 19 of the Pharmacy Order 2010 of the United Kingdom (S.I. 2010/231) indicates that he or she is, or may act as, a supplementary prescriber only; or

(d) a person whose entry on the register established and maintained under Article 5 of the Health Professions Order 2001 (S.I. 2002/254) of the United Kingdom indicates that he or she is, or may act as, a supplementary prescriber only.[2]

(2) A reference in this Order to a person –

(a) by the office held by the person, is a reference to that person when acting in that office;

(b) by the profession of the person, is a reference to that person acting as a member of that profession;

(d) by the business the person is engaged in or conducting, is a reference to that person when engaged in or conducting that business,

and is not a reference to the person when acting in any other capacity.

PART 2

Exemptions

2 Exemptions from certain provisions of Law[3]

(1) Articles 4(1) (importation and exportation) and 8(1) (possession) of the Law do not have effect in respect of a Schedule 5 drug.

(2) Articles 5 (production and supply) and 8(1) of the Law do not have effect in respect of poppy-straw.

(3) Articles 4(1), 5 and 8(1) of the Law do not have effect in respect of exempt products.

(4) Articles 4(1), 5 and 8(1) of the Law do not have effect in respect of a Schedule 6 drug except in any case where the importation, exportation, production, supply, offer to supply or possession of the drug is by a person knowing or believing that the drug will be used for the purpose of human ingestion other than as a flavouring in food, whether by that person or another person.

(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 the Official Analyst (Jersey) Law 2022, or

(ii) in compliance with any applicable legislation in the jurisdiction in which the preparation was analysed, if it was not analysed in Jersey;

(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]

3 Provisions as to licences

(1) A person may be authorized by a licence issued by the Minister under this Article –

(a) to produce;

(b) to supply;

(d) to have in his or her possession,

a controlled drug.

(2) If a person is so authorized, it is not, by virtue of Article 5 or Article 8(1) of the Law, unlawful for the person to produce, to be concerned in the production of, to supply, to offer to supply or to have in the person’s possession the controlled drug –

(a) in accordance with the terms of the licence; and

(b) in compliance with any conditions attached to the licence.

4 General authority to supply and possess

(1) Despite Article 5(b) of the Law –

(a) a person who is lawfully in possession of a controlled drug may supply the drug to the person from whom it was obtained;

(b) if a person has in his or her possession a Schedule 2 drug, a Schedule 3 drug, a Schedule 4 drug or a Schedule 5 drug that has been supplied by or on the prescription of a practitioner or registered independent prescriber for the treatment of that person, or of a person whom that person represents, the person may supply the drug to a doctor, dentist or pharmacist for destruction;

(c) a person who is lawfully in possession of a Schedule 2 drug, a Schedule 3 drug, a Schedule 4 drug or a Schedule 5 drug that has been supplied by or on the prescription of a veterinary surgeon may supply the drug to a veterinary surgeon or a pharmacist for destruction;

(d) a person specified in paragraph (2) may supply a controlled drug to a person who may lawfully have the drug in his or her possession.[5]

(2) The persons mentioned in paragraph (1)(d) are –

(a) an employee of the Crown or of the States;

(b) a police officer;

(d) a person engaged in the work of a laboratory to which the drug has been sent for forensic examination;

(e) a person engaged in conveying the drug to a person authorized by this Order to have the drug in his or her possession.

(3) Despite Article 8(1) of the Law, a person mentioned in paragraph (2) may lawfully have any controlled drug in his or her possession.

5 Administration of Schedules 2, 3, 4 and 5 drugs

(1) A person may administer a Schedule 5 drug to another person.

(2) A doctor, dentist, pharmacist independent prescriber or nurse independent prescriber may administer a Schedule 2 drug, a Schedule 3 drug or a Schedule 4 drug to his or her patient.[6]

(2A) A paramedic independent prescriber may administer to the paramedic’s patient –

(a) codeine;

(b) fentanyl;

(d) morphine.[7]

(2B) A physiotherapist independent prescriber may administer to the physiotherapist’s patient –

(a) dihydrocodeine;

(b) fentanyl;

(d) oxycodone; or

(e) temazepam.[8]

(2C) A podiatrist independent prescriber may administer to the podiatrist’s patient –

(a) dihydrocodeine; or

(b) temazepam.[9]

(2D) A therapeutic radiographer prescriber may administer to the radiographer’s patient –

(a) codeine;

(b) fentanyl;

(d) morphine;

(e) oxycodone;

(f) temazepam; or

(g) tramadol.[10]

(3) A person may administer a Schedule 2 drug, Schedule 3 drug or Schedule 4 drug to a patient in accordance with the directions of –

(a) a doctor, dentist, pharmacist independent prescriber or nurse independent prescriber;

(b) a paramedic independent prescriber, but only in relation to those drugs listed in paragraph (2A);

(d) a podiatrist independent prescriber, but only in relation to those drugs listed in paragraph (2C); or

(e) a therapeutic radiographer independent prescriber, but only in relation to those drugs listed in paragraph (2D). [11]

6 Production and supply of Schedules 2, 3, 4 and 5 drugs

(1) A practitioner or pharmacist may manufacture or compound a Schedule 2 drug, a Schedule 3 drug, a Schedule 4 drug or a Schedule 5 drug.

(2) A person lawfully conducting a retail pharmacy business may manufacture or compound a Schedule 2 drug, a Schedule 3 drug, a Schedule 4 drug or a Schedule 5 drug on the registered premises at which the person carries on the business.

(2A) A nurse independent prescriber, acting in that capacity, may compound a Schedule 2 drug, a Schedule 3 drug, a Schedule 4 drug or a Schedule 5 drug for the purposes of administering it to his or her patient.[12]

(2B) Any person acting in accordance with the written directions of a practitioner, pharmacist or nurse independent prescriber may compound any drug specified in Schedule 2, Schedule 3, Schedule 4 or Schedule 5 for the purpose of administering it to a patient of the practitioner, pharmacist or nurse independent prescriber.[13]

(2C) A paramedic independent prescriber, or a person acting in accordance with his or her written directions, may, for the purpose of administering it to the paramedic’s patient, compound –

(a) codeine;

(b) fentanyl;

(d) morphine.[14]

(2D) A physiotherapist independent prescriber, or a person acting in accordance with his or her written directions, may, for the purpose of administering it to the physiotherapist’s patient, compound –

(a) dihydrocodeine;

(b) fentanyl;

(d) oxycodone; or

(e) temazepam.[15]

(2E) A podiatrist independent prescriber, or a person acting in accordance with his or her written directions, may, for the purpose of administering it to the podiatrist’s patient, compound –

(a) dihydrocodeine; or

(b) temazepam.[16]

(2F) A therapeutic radiographer independent prescriber, or a person acting in accordance with his or her written directions, may, for the purpose of administering it to the radiographer’s patient, compound –

(a) codeine;

(b) fentanyl;

(d) morphine;

(e) oxycodone;

(f) temazepam; or

(g) tramadol.[17]

(3) Except as provided by paragraph (5), a person specified in paragraph (4), may supply or offer to supply a Schedule 2 drug, a Schedule 3 drug, a Schedule 4 drug or a Schedule 5 drug to a person who may lawfully have the drug in his or her possession.

(4) The persons mentioned in paragraph (3) are –

(a) a practitioner;

(b) a pharmacist;

(ca) a nurse independent prescriber;

(d) a nursing officer of a hospital or a nursing home that, in either case, is under the administration of the States;

(e) a senior registered nurse in charge of a ward, theatre or other department in a hospital or nursing home;

(f) the person in charge of a laboratory the recognized activities of which consist of or include the conduct of scientific education or research;

(g) the Official Analyst appointed under the Official Analyst (Jersey) Law 2022;

(h) an authorized officer, as defined by the Food Safety (Jersey) Law 1966;

(i) an inspector, as defined by Article 17 of the Poisons (Jersey) Law 1952;

(j) an operating department practitioner;

(k) a paramedic independent prescriber, but only in relation to –

(i) codeine,

(ii) fentanyl,

(iii) midazolam, or

(iv) morphine;

(l) a physiotherapist independent prescriber, but only in relation to –

(i) dihydrocodeine,

(ii) fentanyl,

(iii) morphine,

(iv) oxycodone, or

(v) temazepam;

(m) a podiatrist independent prescriber, but only in relation to –

(i) dihydrocodeine, or

(ii) temazepam;

(n) a therapeutic radiographer independent prescriber, but only in relation to –

(i) codeine,

(ii) fentanyl,

(iii) midazolam,

(iv) morphine,

(v) oxycodone,

(vi) temazepam, or

(vii) tramadol.[18]

(5) Nothing in paragraph (3) authorizes –

(a) the nursing officer of a hospital or nursing home that has a pharmacist responsible for the dispensing and supply of medicines, to supply or offer to supply a drug;

(b) a senior registered nurse in charge of a ward, theatre or other department in a hospital or nursing home to supply or offer to supply a drug that was not supplied to the nurse by the person responsible for the dispensing and supply of medicines at the hospital or nursing home;

(c) a senior registered nurse in charge of a ward, theatre or other department to supply or offer to supply a drug otherwise than for administration to a patient in the ward, theatre or department in accordance with the directions of a doctor, dentist, nurse independent prescriber or pharmacist independent prescriber;

(d) an operating department practitioner to supply or offer to supply a drug otherwise than for administration to a patient in a ward, theatre or other department in accordance with the directions of a doctor, dentist, nurse independent prescriber or pharmacist independent prescriber; or

(e) an operating department practitioner who is practising in a hospital to supply or offer to supply a drug that was not supplied to the practitioner by a person responsible for the dispensing and supply of medicines at the hospital.[19]

(6) The owner or master of a ship that does not carry a doctor or nurse independent prescriber among its seamen may supply or offer to supply a Schedule 4 drug that is contained in a medical product or a Schedule 2 drug, a Schedule 3 drug or a Schedule 5 drug –

(a) to a person on the ship in compliance with the Shipping Law;

(b) to a person who may lawfully supply the drug to the owner or master; or

(7) Despite Article 5(b) of the Law, a person in charge of a laboratory may supply or offer to supply a Schedule 3 drug to a person who may lawfully have the drug in his or her possession if it is required for use as a buffering agent in chemical analysis.

7 Possession of Schedules 2, 3, and 4 drugs

(1) A person authorized to supply a Schedule 2 drug, a Schedule 3 drug or a Schedule 4 drug under Article 6(3) may have such a drug in his or her possession for the purposes of that supply.

(2) Except as provided by paragraphs (3) and (4), a person may have in his or her possession a Schedule 2 drug, a Schedule 3 drug or a Schedule 4 drug for administration for medical, dental or veterinary purposes in accordance with the directions of a practitioner or registered independent prescriber.[21]

(3) Paragraph (2) does not have effect in respect of a person to whom a drug was supplied by or on the prescription of a doctor or registered independent prescriber if at the time of the supply of the drug or prescription –

(a) the person was being supplied with any controlled drug by or on the prescription of another doctor or registered independent prescriber; and

(b) the person failed to disclose that fact to the first mentioned doctor or registered independent prescriber.[22]

(4) Nor does paragraph (2) have effect if –

(a) the person to whom the drug was supplied by or on the prescription of a doctor or registered independent prescriber; or

(b) a person acting on the person’s behalf,

made a declaration or statement that was false in any particular to obtain the supply or prescription.[23]

(5) The owner or master of a ship that does not carry a doctor or nurse independent prescriber among its seamen may have in his or her possession –

(a) a Schedule 2 drug or a Schedule 3 drug; or

(b) a Schedule 4 drug contained in a medicinal product,

so far as is necessary to do so to comply with the Shipping Law.[24]

(6) The master of a foreign ship that is in a port in Jersey may have in his or her possession –

(a) a Schedule 2 drug or Schedule 3 drug; or

(b) a Schedule 4 drug contained in a medicinal product,

in so far as is necessary to do so for the equipment of the ship.

8 Exemption for midwives

(1) A midwife may possess and administer a relevant controlled drug in so far as is necessary to do so in the professional practice of the midwife.[25]

(2) A midwife may surrender to the Medical Officer a relevant controlled drug in the midwife’s possession that is no longer required by the midwife.

(3) Nothing in this Article authorizes a midwife to have in his or her possession a controlled drug that has not been obtained on a midwife’s supply order signed by the Medical Officer.

(4) In this Article –

“midwife’s supply order” means a written order that specifies –

(a) the name of the midwife obtaining the drug;

(b) the type of drug to be obtained;

(d) the purpose for which it is to be obtained;

“relevant controlled drug” means a controlled drug that a midwife may lawfully administer under the Medicines (Jersey) Law 1995.

9 Exemption for registered ambulance paramedics

(1) A registered ambulance paramedic may possess and administer a relevant controlled drug in so far as is necessary to do so in the professional practice of the registered ambulance paramedic.[26]

(2) A registered ambulance paramedic may surrender to the Chief Ambulance Officer a relevant controlled drug in the registered ambulance paramedic’s possession that is no longer required by the registered ambulance paramedic.

(3) Nothing in this Article authorizes a registered ambulance paramedic to have in his or her possession a controlled drug that has not been obtained on a registered ambulance paramedic’s supply order signed by the Chief Ambulance Officer.

(4) In this Article –

“registered ambulance paramedic’s supply order” means a written, order that specifies –

(a) the name of the registered ambulance paramedic obtaining the drug;

(b) the type of drug to be obtained; and

“relevant controlled drug” means a controlled drug that a registered ambulance paramedic may lawfully administer under the Medicines (Jersey) Law 1995.

10 Cultivation of cannabis plant under licence

(1) A person may be authorized by a licence issued by the Minister under this Article to cultivate plants of the genus Cannabis.

(2) If a person is so authorized, it is not unlawful for the person to cultivate the plant –

(a) in accordance with the terms of the licence; and

(b) in compliance with any conditions attached to the licence.

11 Exemption for authorized needle supply services

(1) This Article applies to a person who acts on behalf of a service provided by or on behalf of the States to enable syringes, and associated articles to be supplied to reduce the spread of disease.

(2) A person so acting does not commit an offence by supplying –

(a) sterile syringes and needles;

(b) swabs;

(d) citric acid;

(e) filters;

(f) ampoules of sterile water; or

(g) ascorbic acid.

PART 3

General

12 Documents to be obtained by a person indirectly supplying controlled drugs to a person

(1) Except as provided by Article 15, this Article applies where a person (“the supplier”), not being a practitioner or nurse independent prescriber, is required to supply a controlled drug, otherwise than on a prescription, to a person (“the recipient”) –

(a) who purports to have been sent by or on behalf of the person to whom the drug is to be supplied; and

(b) who is not authorized by this Order, other than by Article 4(3), to have the drug in his or her possession.[27]

(2) The supplier must not supply the drug to the recipient unless –

(a) the recipient produces a written statement signed by the person to whom the drug is to be supplied to the effect that the recipient is empowered to receive the drug on behalf of the person to whom the drug is to be supplied; and

(b) the supplier is reasonably satisfied that the document is genuine.

13 Documents to be obtained by a person supplying controlled drugs to certain persons

(1) Except as provided by Article 15, this Article applies where a person (“the supplier”) supplies a controlled drug, otherwise than on a prescription or by way of administration, to a person specified in paragraph (6) (“the recipient”).

(2) The supplier must not deliver the drug to the recipient until the supplier –

(a) has obtained a written requisition that complies with paragraph (3); and

(b) is reasonably satisfied as to the matters specified in paragraph (5) with respect to the requisition.

(3) The requisition must –

(a) be signed by the recipient;

(b) state the name, address and profession or occupation of the recipient;

(d) specify the purpose for which the drug is required;

(e) specify the total quantity of the drug to be supplied; and

(f) where appropriate, satisfy the requirements of paragraph (4).

(4) Those requirements are –

(a) if provided by the nursing officer of a hospital or nursing home, that the requisition is signed by a doctor, dentist, nurse independent prescriber or pharmacist independent prescriber employed or engaged in the hospital or nursing home; or

(b) if provided by the master of a foreign ship, that the requisition contains a statement, signed by the Medical Officer, that the quantity of the drug to be supplied is the quantity necessary for the equipment of the ship.[28]

(5) The matters mentioned in paragraph (2)(b) are –

(a) that the signature on the requisition is that of the person purporting to have signed it; and

(b) that the person is engaged in the profession or occupation specified in the requisition.

(6) The persons mentioned to in paragraph (1) are –

(a) a practitioner, nurse independent prescriber or pharmacist independent prescriber;

(b) the nursing officer of a hospital or nursing home;

(d) the owner or master of a ship that does not carry a doctor among its crew;

(e) the master of a foreign ship in a port in Jersey.[29]

(7) Except as provided by paragraph (8), the supplier must, after fulfilling a requisition (other than a veterinary requisition) mentioned in paragraph (3) –

(a) mark on it indelibly his or her name and address; and

(b) send it to the Chief Pharmacist in accordance with arrangements specified by the Chief Pharmacist.

(8) Paragraph (7) does not apply if the supplier is –

(a) a wholesale dealer; or

(b) a person responsible for the dispensing and supply of medicines at a hospital or care home.

(9) In this Article, “veterinary requisition” means a requisition that states, in accordance with paragraph (3)(b), that the recipient is a veterinary surgeon.

14 Documents to be obtained by a person supplying controlled drugs at a hospital or nursing home

(1) Except as provided by Article 15, this Article applies where a person who is responsible for dispensing and supplying medicines at a hospital or nursing home (“the supplier”) is required to supply a controlled drug to the senior registered nurse in charge of a ward, theatre or other department in the hospital or nursing home (“the recipient”).

(2) The supplier must –

(a) before supplying the drug, obtain a written requisition signed by the recipient that specifies the drug to be supplied, and the total quantity to be supplied; and

(b) after supplying the drug, mark the requisition to show that it has been complied with.

(3) The supplier must ensure that the requisition is retained in the dispensary at which the drug was dispensed for at least 2 years.

(4) The recipient must retain a copy of the requisition or a note of it for at least 2 years.

15 Exemptions

(1) Nothing in Article 12, Article 13 or Article 14 applies to –

(a) a Schedule 4 or a Schedule 5 drug;

(b) poppy-straw;

(ba) cannabinol or cannabinol derivatives falling within Article 2(5); or

(2) Nor does anything in those Articles apply to a Schedule 3 drug contained in or comprising a preparation that –

(a) is required for use as a buffering agent in chemical analysis;

(b) has present in it both a substance specified in paragraph 1 or 2 of Schedule 3 and a salt of that substance; and

if the recipient is a person in charge of a laboratory.

16 Form of prescriptions

(1) This Article applies to a prescription for the supply of a Schedule 1 drug, a Schedule 2 drug or a Schedule 3 drug.

(2) A person must not issue a prescription to which this Article applies unless the prescription complies with this Article.

(3) A prescription must –

(a) be written so as to be indelible;

(b) be dated;

(d) use the metric system to specify the dosage, strength or quantity of the drug to be supplied in accordance with the prescription.

(4) A prescription, other than one issued by a veterinary surgeon, must specify the name and address of the person for whose treatment the prescribed drug is to be supplied unless, in the case of a prescription for the supply of a drug for a patient in a hospital, the prescription is written on the patient’s ward chart.

(5) A prescription issued by a veterinary surgeon must specify the name and address of the person to whom the prescribed drug is to be supplied.

(6) A prescription must specify the address of the person issuing it except in the case of a health prescription.

(7) A prescription must specify the dose to be taken.

(8) If a prescription is for the supply a drug that is a preparation, the prescription must specify –

(a) the form and, where appropriate, the strength of the preparation; and

(b) either the total quantity (in both words and figures) of the preparation to be supplied or the number (in both words and figures) of dosage units to be supplied,

but in any other case, the prescription must specify the total quantity (in both words and figures) of the drug to be supplied.

(9) If a prescription is for a total quantity intended to be dispensed by instalments, the prescription must specify –

(a) the amount of each instalment; and

(b) the intervals to be observed between each instalment.

(10) If a prescription is issued by a dentist, the prescription must have written on it the words “for dental treatment only”.

(11) If a prescription is issued by a veterinary surgeon, the prescription must contain a declaration that the drug is prescribed for an animal or a herd under the care of the person issuing the prescription.

(12) If the prescription is for private prescribing, the prescription must –

(a) be written on a prescription form approved for the purpose by the Minister; and

(b) specify the prescriber identification number of the person issuing the prescription,

unless the person issuing the prescription believes on reasonable grounds that the drug will be supplied by a pharmacist in a hospital.

17 Provisions as to supply on prescription

(1) This Article applies to the supply on prescription of a Schedule 1 drug, a Schedule 2 drug or a Schedule 3 drug.

(2) A person must not supply the drug unless –

(a) the prescription complies with Article 16; and

(b) an address in Jersey is specified in the prescription as –

(i) the address of the person issuing it, or

(ii) the address of the person for whose treatment the prescribed drug is to be supplied.[31]

(3) Also, a person must not supply the drug unless the person –

(a) is acquainted with the signature of the person by whom the prescription purports to be issued and has no reason to believe that the signature is not genuine; or

(b) has taken reasonably sufficient steps to satisfy himself or herself that the signature is genuine.

(4) A person must not supply a drug –

(a) before the appropriate date specified in a prescription; or

(b) except as provided by paragraph (13), more than 4 weeks after that date.

(5) In paragraph (4) “appropriate date”, in respect of a prescription, means –

(a) the date the prescription is signed, dated and issued by the person issuing it; or

(b) if the prescription specifies a date before which the drug specified in the prescription must not be supplied, the date so specified,

being whichever date is the later.

(6) Paragraph (7) applies where a prescription –

(a) contains a minor typographical error or a spelling mistake; or

(b) specifies a total quantity of a drug or a number of dosage units in either words or figures but not both.

(7) Despite paragraph (2)(a), a pharmacist may supply a drug if the pharmacist is satisfied on reasonable grounds –

(a) that the prescription is genuine; and

(b) that the drug is being supplied in accordance with the intention of the person who issued the prescription.

(8) If the pharmacist does supply the drug, the pharmacist must –

(a) amend the prescription indelibly to correct the error or omission; and

(b) mark the prescription to show that the amendment was made by the pharmacist.

(9) A person who supplies a drug specified in a prescription must, at the time of supply, mark on the prescription the date of the supply.

(10) Except in the case of a veterinary prescription or if it is impractical to do so, a person who supplies a drug specified in a prescription must also, at the time of supply, require the person receiving the drug to sign the back of the prescription as evidence of the receipt of the drug.

(11) A person who supplies a drug specified in a prescription issued by a veterinary surgeon must retain the prescription on the premises from which the drug was supplied.

(12) If a prescription is for a total quantity of a drug to be dispensed by instalments a person must not supply the drug except in accordance with the prescription.

(13) Where paragraph (12) applies –

(a) paragraph (4) has effect as if for the requirement contained in it there were substituted a requirement that the first instalment must be supplied not more than 4 weeks after the appropriate date specified in the paragraph; and

(b) paragraph (9) has effect as if for the words “at the time of supply” there were substituted the words “on each occasion on which an instalment is supplied”.

(14) A person who supplies a drug on a prescription (other than a health prescription or a veterinary prescription) must send the prescription or a copy of it to the Chief Pharmacist in accordance with arrangements specified by the Chief Pharmacist.

(15) However, paragraph (14) does not apply if the person who supplies the drug is a person responsible for the dispensing and supply of medicines at a hospital or care home.

18 Provisions as to supply of Schedule 2 drugs on prescription

(1) This Article applies where a person is asked to supply a Schedule 2 drug on prescription.

(2) The person must first ascertain if the person collecting the drug is –

(a) the patient or the patient’s representative; or

(b) a healthcare professional acting in his or her professional capacity on behalf of the patient.

(3) If the person collecting the drug is the patient or the patient’s representative, the person supplying the drug –

(a) may request evidence of that person’s identity; and

(b) may refuse to supply the drug until satisfied as to the identity of the person.

(4) If the person collecting the drug is a healthcare professional acting in his or her professional capacity on behalf of the patient, the person supplying the drug –

(a) must obtain the name and address of the healthcare professional; and

(b) must, unless acquainted with the healthcare professional, request evidence of his or her identity,

but may still supply the drug although not satisfied of the identity of the healthcare professional.

(5) In this Article –

“healthcare professional” means a doctor, a dentist, a pharmacist and a person registered under the Health Care (Registration) (Jersey) Law 1995;

“patient”, in respect of a prescription for a Schedule 2 drug, means the person named in the prescription as the person to whom the drug is to be supplied;

“patient’s representative” means a person sent by or on behalf of the patient not being a healthcare professional acting in his or her professional capacity.

19 Provisions as to supply of Schedule 4 drugs on prescription

(1) This Article applies where a person is asked to supply on prescription a Schedule 4 drug.

(2) The person must not supply the drug –

(a) before the appropriate date specified in the prescription; or

(b) except as provided by paragraph (4), more than 4 weeks after that date.

(3) In paragraph (2) “appropriate date”, in respect of a prescription, means –

(a) the date the prescription is signed, dated and issued by the person issuing it; or

(b) if the prescription specifies a date before which the drug specified in the prescription must not be supplied, the date so specified,

being whichever date is the later.

(4) If a prescription is for a total quantity of a drug to be dispensed by instalments, the person supplying the drug must not supply the drug except in accordance with the prescription.

(5) Where paragraph (4) applies, paragraph (2) has effect as if for the requirement contained in it there were substituted a requirement that the first instalment must be supplied not more than 4 weeks after the appropriate date specified in the paragraph.

20 Marking of bottles and other containers

(1) Except as provided by paragraphs (2) and (3), a person must not supply a controlled drug in a bottle, package or other container (“a container”) that does not comply with this Article.

(2) Paragraph (1) does not apply to the supply of –

(a) a Schedule 4 drug or a Schedule 5 drug;

(b) poppy-straw;

(ba) cannabinol or cannabinol derivatives falling within Article 2(5);

(d) a controlled drug for administration in a clinical trial or a medicinal test on animals; or

(e) an exempt product.[32]

(3) Nor does paragraph (1) apply to a Schedule 3 drug contained in or comprising a preparation that –

(a) is required for use as a buffering agent in chemical analysis;

(b) has present in it both a substance specified in paragraph 1 or paragraph 2 of Schedule 3 and a salt of that substance; and

(4) If a container contains a controlled drug that is not a preparation, it must be clearly marked with the amount of the drug it contains.

(5) If a container contains a controlled drug that is a preparation made up into tablets, capsules or other dosage units, it must be clearly marked with –

(a) the amount of each component (being a controlled drug) of the preparation in each dosage unit; and

(b) the number of dosage units in the container.

(6) If a container contains a controlled drug that is a preparation but is not made up into tablets, capsules or other dosage units, it must be clearly marked with –

(a) the total amount of the preparation in the container; and

(b) the percentage of each of its components that is a controlled drug.

(7) In paragraph (2)(d) –

“clinical trial” has the same meaning as is given to that expression by Article 32(1) of the Medicines (Jersey) Law 1995;

“medicinal test on animals” has the same meaning as is given to that expression by Article 33(4) of the Medicines (Jersey) Law 1995.

20A Prohibition of smoking of medicinal products related to cannabis[33]

(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.

21 Keeping of registers

(1) Except as provided by paragraph (2), a person –

(a) who is authorized by or under Article 4 or Article 6 to supply a Schedule 1 drug or Schedule 2 drug; and

(b) who supplies those drugs whether by way of administration or otherwise and whether to persons within or outside Jersey,

must keep a register in accordance with this Article.

(2) This Article does not apply to –

(a) a practitioner, pharmacist, nurse independent prescriber or veterinary surgeon in the case of a drug supplied to the practitioner, pharmacist, nurse independent prescriber or veterinary surgeon for destruction pursuant to Article 4(1)(b) or (c);

(b) a person licensed under Article 3 to supply a drug, where the licence so directs; or

(3) Entries in the register must be made in chronological sequence.

(4) Particulars must be entered of each quantity of a Schedule 1 drug or a Schedule 2 drug –

(a) obtained by the person; or

(b) supplied by the person.

(5) A separate part of the register or a separate register must be used for entries made in respect of each different formulation and strength of a Schedule 1 and a Schedule 2 drug.

(6) The register must have the following headings for drugs obtained by the person –

(a) Date supply received;

(b) Name and address from whom received;

(7) The register must have the following headings for drugs supplied by the person –

(a) Date supplied;

(b) Name/Address of person or firm supplied;

(d) Quantity supplied;

(e) Person collecting Schedule 2 controlled drugs (patient/patient’s rep/healthcare professional) and if healthcare professional, name and address;

(f) Was proof of identity requested of patient/patient’s rep (Yes/No);

(g) Was proof of identity of person collecting provided (Yes/No).[35]

(8) Entries in the register under the heading mentioned in paragraph (7)(e), (f) and (g) are only to be made in respect of a Schedule 2 drug.

(9) In the separate part of the register or the separate register used for each class of drug, a separate page must be used for each strength and each form of the drug and the head of each page must specify the class of the drug and its strength and form.

(10) Each entry in the register must be made –

(a) on the day on which the drug is obtained or supplied; or

(b) if this is not reasonably practicable, on the next day.

(11) An entry in the register must not be cancelled, obliterated or altered but may be corrected by way of a marginal note or footnote that specifies the date on which the correction was made.

(12) Each entry in the register and any correction of an entry –

(a) must be made in ink or otherwise so as to be indelible; or

(b) must be in a computerised form in which every entry or correction is attributable and capable of being audited.

(13) A person required to keep a register under this Article must keep a separate register for each premises at which the person carries on his or her business or occupation.

(14) But otherwise a person must not keep more than one register at one time in respect of each formulation and strength of a drug in respect of which the person is required to keep a separate part of a register or a separate register.

(15) However, a separate register may, with the written approval of the Minister, be kept by a person in respect of each department of the business carried on by the person.

(16) A register in which entries are currently being made must be kept at the premises to which it relates.

(17) A register may be used to record information additional to that required under this Article but must not be used for a purpose unrelated to this Order.

22 Record-keeping requirements in respect of ships

(1) This Article applies where a Schedule 2 drug is supplied to a person on a ship under Article 6(6)(a).

(2) Where this Article applies –

(a) an entry in the official log book required to be kept under the Shipping Law; or

(b) in the case of a ship that is not required to carry an official log book, a report signed by the master of the ship,

shall be taken to be a sufficient record of the supply if the entry or report specifies the drug supplied and, in the case of a report, it is delivered as soon practicable to the Medical Officer.

23 Record keeping by midwives

(1) This Article applies to a midwife who is authorized by Article 8 to have in his or her possession a Schedule 2 drug.

(2) The midwife must keep a book solely for the purpose of this Article.

(3) Each time the midwife obtains a supply of a Schedule 2 drug he or she must, enter in the book kept for the purpose of this Article –

(a) the date of the supply;

(b) details of the type of drug obtained;

(d) the name and address of the person from whom the drug was obtained; and

(e) details of the form in which it was obtained.

(4) Each time the midwife administers to a patient a Schedule 2 drug, he or she must enter in the book kept for the purpose of this Article –

(a) the date of the administration;

(b) the name and address of the patient;

(d) the amount administered; and

(e) the form in which it was administered.

(5) The midwife must make an entry required to be made under this Article as soon as practicable after obtaining or administrating the drug.

(6) A book kept for the purpose of this Article may be used to record information additional to that required under this Article but must not be used for a purpose unrelated to this Order.

24 Record keeping by registered ambulance paramedics

(1) This Article applies to a registered ambulance paramedic who is authorized by Article 9 to have in his or her possession a Schedule 2 drug.

(2) The registered ambulance paramedic must keep a book solely for the purpose of this Article.

(3) Each time the registered ambulance paramedic obtains a supply of a Schedule 2 drug he or she must enter in the book kept for the purpose of this Article –

(a) the date of the supply;

(b) details of the type of drug obtained;

(d) the name and address of the person from whom the drug was obtained; and

(e) details of the form in which it was obtained.

(4) Each time the registered ambulance paramedic administers to a person a Schedule 2 drug, he or she must enter in the book kept for the purpose of this Article –

(a) the date of the administration;

(b) if practical, the name and address of the person;

(d) the amount administered; and

(e) the form in which it was administered.

(5) The registered ambulance paramedic must make an entry required to be made under this Article as soon as practicable after obtaining or administration of the drug.

(6) A book kept for the purpose of this Article may be used to record information additional to that required under this Article but must not be used for a purpose unrelated to this Order.

25 Record-keeping requirements in respect of Schedules 3 and 4 drugs

(1) A person who is licensed under Article 3 (licence) to produce a Schedule 3 drug or a Schedule 4 drug must make a record of each quantity of the drug the person produces.

(2) A person who is authorized by or under the Law to import or export a Schedule 3 drug must make a record of each quantity of the drug the person imports or exports.

(3) Paragraph (2) shall not have effect in relation to a person licensed under the Law to import or export any drug where the licence so directs.

26 Prescription records for Schedules 2 and 3 drugs

(1) In this Article –

“record” means a record made –

(a) on a card; or

(b) in a computerised storage system,

of a type approved for the purpose by the Chief Pharmacist;

“relevant prescription” means a prescription for a specified drug;

“specified drug” means a Schedule 2 drug or a Schedule 3 drug.

(2) This Article applies to a doctor, dentist or registered independent prescriber who issues a relevant prescription.[36]

(3) A doctor, dentist or registered independent prescriber to whom this Article applies must keep in accordance with this Article a record of each relevant prescription that he or she issues.[37]

(4) Paragraph (3) does not apply if the doctor, dentist or registered independent prescriber is employed by the States Employment Board and is prescribing in the course of that employment, a specified drug that is to be dispensed at the pharmaceutical department of the general hospital.[38]

(5) The record must show to whom the relevant prescription was issued and must include –

(a) the date of issue of the prescription;

(b) the name of the drug prescribed;

(d) the total quantity prescribed; and

(e) the dosage and frequency of administration prescribed.

(6) The particulars described in paragraph (5) must be entered in the record –

(a) on the day on which the relevant prescription is issued; or

(b) if that is not reasonably practicable, on the next day.

(7) An entry in a record must not be cancelled, deleted, obliterated or altered but a note may be added to a record by way of correction that explains why the correction was necessary and when the note was added.

27 Documents to be kept in respect of Schedules 3 and 5 drugs

(1) A person who produces a Schedule 3 drug or a Schedule 5 drug must keep each invoice or other like record issued in respect of –

(a) each quantity of the drug obtained by the person; and

(b) each quantity of the drug supplied by the person.

(2) A person who is a wholesale dealer in a Schedule 3 drug or a Schedule 5 drug must keep each invoice or other like record issued in respect of –

(a) each quantity of the drug obtained by the person; and

(b) each quantity of the drug supplied by the person.

(3) A person who is a retail dealer in a Schedule 3 drug or a Schedule 5 drug must keep each invoice or other like record issued in respect of –

(a) each quantity of the drug obtained by the person; and

(b) each quantity of the drug supplied by the person.

(4) A person in charge of a hospital or nursing home who obtains a Schedule 3 drug from a retail dealer must keep each invoice or other like record issued in respect of each quantity of the drug obtained from the retail dealer.

(5) A person in charge of a laboratory who obtains a Schedule 3 drug from a retail dealer must keep each invoice or other like record issued in respect of each quantity of the drug obtained from the retail dealer.

(6) A person who issues a document that is required to be kept under this Article must ensure that it contains information sufficient to identify –

(a) the date of the transaction; and

(b) the person by whom and to whom the drug was supplied.

28 Preservation of registers, books and other documents

(1) A person who is required to make a record pursuant to Article 25 must preserve the record for at least 2 years from the date on which the record was made.

(2) A person who is required to keep a register or book pursuant to Article 21, 23(2), 24(2), 26 or 31(7) must preserve the register or book for at least 5 years from the date on which the last entry was made in it.

(3) A person who is required to keep an invoice or other like record pursuant to Article 27 must preserve the invoice or other like record for at least 2 years from the date on which it was issued.

(4) A doctor, dentist or registered independent prescriber who maintains a prescription record in respect of an individual must preserve the record for at least 5 years from the date on which the last entry was made in it.[39]

(5) A person who is required, pursuant to this Order, to keep a requisition, order or prescription on which a controlled drug is supplied must preserve the requisition, order or prescription for at least 2 years from the date on which the last delivery under it was made.

(6) However, paragraph (5) does not apply if Article 13(7)(b) or Article 17(14) applies.

29 Furnishing of information with respect to controlled drugs

(1) The Article applies to –

(a) a person authorized by or under this Order to produce a controlled drug;

(b) a person authorized by or under the Law to import or export a controlled drug;

(d) a retail dealer;

(e) a practitioner;

(f) a person in charge of a hospital or nursing home;

(g) a person in charge of a laboratory;

(h) a pharmacist;

(i) a nurse independent prescriber;

(j) a paramedic independent prescriber;

(k) a physiotherapist independent prescriber;

(l) a podiatrist independent prescriber;

(m) a therapeutic independent prescriber.[40]

(2) A person to whom this Article applies must on demand made by the Minister or by a person authorized in writing by the Minister –

(a) provide any information requested in respect of any controlled drug produced, obtained, supplied or destroyed by the person or in respect of any stock of controlled drugs in the person’s possession;

(b) produce any stock of controlled drugs in the person’s possession;

(c) produce any register, book or document required to be kept by the person pursuant to this Order and, if any such register, book, or document is kept in a computerised form, produce it in a legible form.

(3) Nothing in this Article is to be taken as requiring a person to provide a personal record –

(a) that a person has acquired or created in the course of the person’s profession or occupation; and

(b) that the person holds in confidence.

(4) In paragraph (3) “personal record” means a documentary or other record –

(a) that concerns an individual (whether living or dead) who can be identified from the record; and

(b) that relates to the person’s physical or mental health.

30 Furnishing of information to the Medical Officer

A doctor, dentist or registered independent prescriber must, on written demand made by the Medical Officer, produce any prescription record maintained by the doctor, dentist or registered independent prescriber in respect of an individual specified in the demand.[41]

31 Destruction of controlled drugs

(1) This Article applies to a person who is required to keep a record in respect of a Schedule 1 drug, a Schedule 2 drug, a Schedule 3 drug or a Schedule 4 drug under any provision of, or by any term or condition of a licence that has effect under this Order.

(2) The person must not destroy or cause such a drug to be destroyed except in the presence of and in accordance with any direction given by an authorized person.

(3) An authorized person may take a sample of the drug for analysis before it is destroyed.

(4) A person to whom this Article applies must record in the record mentioned in paragraph (1) –

(a) particulars of any controlled drugs destroyed by the person;

(b) the date of the destruction; and

and must have the record signed by the authorized person in whose presence the drugs were destroyed.

(5) If the master or owner of a ship has possession of a Schedule 2 drug that the master or owner no longer requires, the master or owner –

(a) must not destroy the drug or cause it to be destroyed; but

(b) must dispose of it to a police officer or to a person who may lawfully supply it.

(6) Paragraphs (2) and (4) do not apply to the destruction of a drug that has been supplied to a doctor, dentist, pharmacist, nurse independent prescriber or veterinary surgeon for destruction under Article 4(1)(b) or (c).[42]

(7) However, a doctor, dentist, pharmacist, nurse independent prescriber or veterinary surgeon must keep a register of any Schedule 1 drug or Schedule 2 drug that is returned to him or her for destruction.[43]

(8) A register kept pursuant to paragraph (7) must contain –

(a) the date of return of the drug;

(b) the name, form, strength and quantity of the drug;

(d) the patient’s name and address (if known);

(e) the date of destruction of the drug; and

(f) the name, position and signature of both the person destroying the drugs and the witness.

(9) In this Article “authorized person” means a person authorized by the Minister for the purposes of this Article.

PART 4

Savings and citation

32 Savings

(1) A licence issued under the Misuse of Drugs (General Provisions) (Jersey) Order 1989 and in force immediately before the revocation of the Order on 1st May 2009 continues in force as if it were a licence issued under this Order.

(2) A record, register, requisition, prescription or other document that was being preserved pursuant to the Order mentioned in paragraph (1) immediately before the revocation of the Order must continue to be preserved as if the obligation to preserve the record, register, requisition, prescription or other document had arisen under this Order but for a total period equal to the period prescribed by this Order.

33 Citation

This Order may be cited as the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

SCHEDULE 1[44]

(Article 1)

Schedule 1 Drugs

1 The following substances and products –

(a) Adinazolam (1-(8-chloro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepin-1-yl)-N,N-dimethylmethanamine)

Bromazolam(8-bromo-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)

Bufotenine

1-Cyclohexyl-4-(1,2diphenylethyl)piperazine (MT-45)

Cannabinol (not falling within Article 2(5) or within paragraph 10 of Schedule 2)

Cannabinol derivatives (not falling within Article 2(5) or within paragraph 10 of Schedule 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)

Cathinone

4’-chlorodiazepam (7-chloro-5-(4-chlorophenyl)-1-methyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

Clonazolam (6-(2-chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)

Coca leaf

Concentrate of poppy-straw

3,4-dichloroethylphenidate

3,4-Dichloromethylphenidate (3,4-DCMP)

3,4-dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921)

3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47,700)

Deschloroetizolam (2-ethyl-9-methyl-4-phenyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine)

Diclazepam (7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

Ethylnaphthidate

Ethylphenidate

Eticyclidine

Etryptamine

Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)

Flubromazepam (7-bromo-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)

Flunitrazolam (6-(2-fluorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)

4-fluoroethylphenidate

4-fluoromethylphenidate

Fonazepam (5-(2-fluorophenyl)-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

3-hydroxyphenazepam (7-bromo-5-(2-chlorophenyl)-3-hydroxy-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

Isopropylphenidate (IPP or IPPD)

Khat

Lysergamide

Lysergide and other N-alkyl derivatives of lysergamide

Meclonazepam (5-(2-chlorophenyl)-3-methyl-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

Mescaline

Methcathinone

Methylamphetamine

Methylmorphenate

Methylnaphthidate (HDMP-28)

Metizolam (4-(2-chlorophenyl)-2-ethyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine)

N-adamantyl-1-pentyl-1H-indazole-3-carboxamide (AKB-48)

N-adamantyl-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-AKB-48)

N-adamantyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide (STS-135)

N-benzyl-ethylphenidate

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-AB-PINACA)

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA)

Nifoxipam (5-(2-fluorophenyl)-3-hydroxy-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one)

Nitrazolam (1-methyl-8-nitro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)”;

Norfludiazepam (7-chloro-5-(2-fluorophenyl)-1,3-dihydro-1,4-benzodiazepine-2-one)

Propylphenidate

Psilocin

Pyrazolam (8-bromo-1-methyl-6-(2-pyridinyl)-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)

Quinolin-8-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate (5F-PB-22)

Quinolin-8-yl-1-(cyclohexylmethyl)-1H-indole-3-carboxylate (BB-22)

Quinolin-8-yl-1-pentyl-1H-indole-3-carboxylate (PB-22)

Raw opium

Rolicyclidine

Tenocyclidine

4-Bromo-2,5-dimethoxy- a -methylphenethylamine

N,N-Diethyltryptamine

N,N-Dimethyltryptamine

2,5-Dimethoxy-a, 4-dimethylphenethylamine

2-((Dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol (also known as O-desmethyltramadol)

2,4-dimethylazetidinyl{(6aR,9R)-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinolin-9-yl}methanone (LSZ)

N-Hydroxy-tenamphetamine

4-Methyl-aminorex

4-methylmethylphenidate

4-Methyl-5-(4methylphenyl)-4,5-dihydrooxazol-2-amine (4,4’-DMAR)

(6aR,9R)-4-acetyl-N,N-diethyl-7-methyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ALD-52)

(6aR,9R)-N,N-diethyl-7-allyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (AL-LAD)

(6aR,9R)-N,N-diethyl-7-ethyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (ETH-LAD)

(6aR,9R)-N,N-diethyl-7-propyl-4,6,6a,7,8,9-hexahydroindolo[4,3-fg]quinoline-9-carboxamide (PRO-LAD);

(b) any compound (not being a compound for the time being specified in sub-paragraph (a)) structurally derived from tryptamine or from a ring-hydroxy tryptamine by modification in any of the following ways, that is to say –

(i) by substitution at the nitrogen atom of the sidechain to any extent with alkyl or alkenyl substituents, or by inclusion of the nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure,

(ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain with alkyl or alkenyl substituents,

(iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioalkyl, alkylenedioxy, or halide substituents,

(iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent;

Allyl(a-methyl-3,4-methylenedioxyphenethyl)amine

2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol

2-Amino-1-(3,4-dimethoxyphenyl)ethanol

Benzyl(a-methyl-3,4-methylenedioxyphenethyl)amine

4-Bromo-b,2,5-trimethoxyphenethylamine

N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine

Cyclopropylmethyl(a-methyl-3,4-methylenedioxyphenethyl)amine

2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)ethylamine

2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)-1-methylethylamine

2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine

2-(1,4-Dimethoxy-2-naphthyl)ethylamine

2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine

N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine

2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine

2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine

a,a-Dimethyl-3,4-methylenedioxyphenethylamine

a,a-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine

Dimethyl(a-methyl-3,4-methylenedioxyphenethyl)amine

N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine

4-Iodo-2,5-dimethoxy-a-methylphenethyl(dimethyl)amine

2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine

2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-methylethylamine

2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine

2-Methoxyethyl(a-methyl-3,4-methylenedioxyphenethyl)amine

2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine

b-Methoxy-3,4-methylenedioxyphenethylamine

1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine

1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine

2-(a-Methyl-3,4-methylenedioxyphenethylamino)ethanol

a-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine

N-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine

O-Methyl-N-(a-methyl-3,4-methylenedioxyphenethyl)hydroxylamine

a-Methyl-4-(methylthio)phenethylamine

b,3,4,5-Tetramethoxyphenethylamine

b,2,5-Trimethoxy-4-methylphenethylamine;

(d) any compound (not being methoxyphenamine or a compound specified in sub-paragraph (a)) structurally derived from phenethylamine, an N-alkylphenethylamine, a methylphenethylamine, an N-alkyl- a-methylphenethylamine, a-ethylphenethylamine, or an N-alkyl- a-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents;

(e) any compound (not being a compound specified in Schedule 2) structurally derived from fentanyl by modification in any of the following ways –

(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle,

(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups,

(iii) by substitution in the piperidine ring with alkyl or alkenyl groups,

(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups,

(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group,

(vi) by replacement of the N-propionyl group by another acyl group;

(f) any compound (not being a compound specified in Schedule 2) structurally derived from pethidine by modification in any of the following ways –

(i) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted,

(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted,

(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups,

(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group,

(v) by formation of an N-oxide or of a quaternary base;

(fa) any compound (not being benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine) structurally derived from mescaline, 4-bromo-2, 5-dimethoxy-α-methylphenethylamine, 2, 5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine, or a compound specified in sub-paragraph (c) or (d), by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent;

(g) 1-benzylpiperazine;

(h) any compound structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in either of the following ways –

(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl substituents,

(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl substituents;

(i)

(j)

(k)

(l) the following substances –

[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1, 2, 3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone

3-Dimethylheptyl-11-hydroxyhexahydrocannabinol

[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl] oxy-5, 6, 6a, 7, 8, 9, 10, 10a-octahydrophenanthridin-1-yl] acetate

9-(Hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol;

(m) any compound structurally derived from 3-(1-naphthoyl)indole, 3-(2-naphthoyl) indole, 1H-indol-3-yl-(1-naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(n) any compound structurally derived from 3-(1-naphthoyl)pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(o) any compound structurally derived from 1-(1-naphthylmethylene)indene or 1-(2-naphthylmethylene)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(p) any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;

(pa) any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent;

(pb) any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;

(pc) any compound structurally derived from 3-(1-adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent;

(pd) any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent;

(q) any compound (not being bupropion, cathinone, diethylpropion, pyrovalerone or a compound for the time being specified in sub-paragraph (a)) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways, that is to say –

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents,

(ii) by substitution at the 3-position with an alkyl substituent,

(iii) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure;

(r) any compound structurally derived from 2-aminopropan-1-one by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the compound is further modified in any of the following ways, that is to say –

(i) by substitution in the ring system to any extent with alkyl, alkoxy, haloalkyl or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents,

(ii) by substitution at the 3-position with an alkyl substituent,

(iii) by substitution at the 2-amino nitrogen atom with alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure;

(s) Any compound (not being pipradrol) structurally derived from piperidine, pyrrolidine, azepane, morpholine or pyridine by substitution at a ring carbon atom with a diphenylmethyl group, whether or not the compound is further modified in any of the following ways, that is to say –

(i) by substitution in any of the phenyl rings to any extent with alkyl, alkoxy, haloalkyl or halide groups,

(ii) by substitution at the methyl carbon atom with an alkyl, hydroxyalkyl or hydroxy group,

(iii) by substitution at the ring nitrogen atom with an alkyl, alkenyl, haloalkyl or hydroxyalkyl group;

(t) any compound (not being a compound specified in sub-paragraph (c)) structurally derived from 1-benzofuran, 2, 3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by substitution in the 6-membered ring with a 2-ethylamino substituent whether or not further substituted in the ring system to any extent with alkyl, alkoxy, halide or haloalkyl substituents and whether or not substituted in the ethylamino side -chain with one or more alkyl substituents;

(u) 1-phenylcyclohexylamine or any compound (not being eticyclidine, ketamine, phencyclidine, rolicyclidine, tenocyclidine or tiletamine) structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by modification in any of the following ways, that is to say –

(i) by substitution at the nitrogen atom to any extent by alkyl, alkenyl or hydroxyalkyl groups, or replacement of the amino group with a 1-piperidyl, 1-pyrrolidyl or 1-azepyl group, whether or not the nitrogen containing ring is further substituted by one or more alkyl groups,

(ii) by substitution in the phenyl ring to any extent by amino, alkyl, hydroxy, alkoxy or halide substituents, whether or not further substituted in the phenyl ring to any extent,

(iii) by substitution in the cyclohexyl or cyclohexanone ring by one or more alkyl substituents,

(iv) by replacement of the phenyl ring with a thienyl ring;

(v) any compound (not being clonitazene, etonitazene, nabilone, zafirlukast, or a compound for the time being specified in sub-paragraphs (l) to (pd)) structurally related to 1-pentyl-3-(1-naphthoyl)indole (JWH-018), in that the four sub-structures, that is to say the indole ring, the pentyl substituent, the methanone linking group and the naphthyl ring, are linked together in a similar manner, whether or not any of the sub-structures have been modified, and whether or not substituted in any of the linked sub-structures with one or more univalent substituents and where the modifications of the sub-structures are limited to any the following, that is to say –

(i) replacement of the indole ring with indane, indene, indazole, pyrrole, pyrazole, imidazole, benzimidazole, or pyrazolo(3,4-b)pyridine,

(ii) replacement of the pentyl substituent with alkyl, alkenyl, benzyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, 2-(4-morpholinyl)ethyl, or (tetrahydropyran-4-yl)methyl,

(iii) replacement of the methanone linking group with an ethanone, carboxamide, carboxylate, methylene bridge or methine group,

(iv) replacement of the 1-naphthyl ring with 2-naphthyl, phenyl, benzyl, adamantyl, cycloalkyl, cycloalkylmethyl, cycloalkylethyl, bicyclo[2.2.1]heptanyl, 1,2,3,4-tetrahydronaphthyl, quinolinyl, isoquinolinyl, 1 amino-1-oxopropan-2-yl, 1-hydroxy-1-oxopropan-2-yl, or piperazinyl.

2 Any stereoisomeric form of a substance specified in paragraph 1.

3 Any ester or ether of a substance specified in paragraph 1 (not being 2-((dimethylamino)methyl)-1-(3-hydroxyphenyl)cyclohexanol).

3A Any ester or ether of a substance specified in paragraph 2.

4 Any salt of a substance specified in any of paragraphs 1 to 3.

5 Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 4 not being a preparation specified in Schedule 5.

SCHEDULE 2[45]

(Article 1)

Schedule 2 Drugs

1 The following substances and products –

Acetorphine

Alfentanil

Allylprodine

Alphacetylmethadol

Alphameprodine

Alphamethadol

Alphaprodine

Amineptine

Amphetamine

Anileridine

Benzethidine

Benzylmorphine (3-benzylmorphine)

Betacetylmethadol

Betameprodine

Betamethadol

Betaprodine

Bezitramide

Carfentanil

Clonitazene

Cocaine

4-Cyano-2-dimethylamino-4,4-diphenylbutane

4-Cyano-1-methyl-4-phenylpiperidine

Desomorphine

Dextromoramide

Diamorphine

Diampromide

Diethylthiambutene

Difenoxin

Dihydrocodeinone O-carboxymethyloxime

Dihydroetorphine

Dihydromorphine

Dimenoxadole

Dimepheptanol

Dimethylthiambutene

Dioxaphetyl butyrate

Diphenoxylate

Dipipanone

Dronabinol

Drotebanol

Ecgonine and any derivative of ecgonine which is convertible to ecgonine or to cocaine

Ethylmethylthiambutene

Etonitazene

Etorphine

Etoxeridine

Fentanyl

Furethidine

Hydrocodone

Hydromorphinol

Hydromorphone

Hydroxypethidine

Isomethadone

Ketamine

Ketobemidone

Levomethorphan

Levomoramide

Levophenacylmorphan

Levorphanol

Lisdexamphetamine

Lofentanil

Medicinal opium

Metazocine

Methadone

Methadyl acetate

Methyldesorphine

Methyldihydromorphine,(6-methyldihydromorphine)

1-Methyl-4-phenylpiperidine-4-carboxylic acid

2-Methyl-3-morpholino-1,1-diphenylpropanecarboxylic acid

a-Methylphenethylhydroxylamine

Metopon

Morpheridine

Morphine

Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives

Myrophine

Nabilone

Nicomorphine

N-methyl-1-(thiophen-2-yl)propan-2-amine (methiopropamine or MPA)

Noracymethadol

Norlevorphanol

Normethadone

Normorphine

Norpipanone

Oripavine

Oxycodone

Oxymorphone

Pethidine

Phenadoxone

Phenampromide

Phenazocine

Phencyclidine

Phenomorphan

Phenoperidine

4-Phenylpiperidine-4-carboxylic acid ethyl ester

Piminodine

Piritramide

Proheptazine

Properidine

Racemethorphan

Racemoramide

Racemorphan

Remifentanil

Sufentanil

Tapentadol

Thebacon

Thebaine

Tilidate

Trimeperidine

Zipeprol.

2 Any stereoisomeric form of a substance specified in paragraph 1 not being dextromethorphan or dextrorphan.

3 Any ester or ether of a substance specified in paragraph 1 or paragraph 2, not being a substance specified in paragraph 6.

4 Any salt of a substance specified in any of paragraphs 1 to 3.

5 Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 4, not being a preparation specified in Schedule 5.

6 The following substances and products –

Acetyldihydrocodeine

Buprenorphine

Codeine

Dextropropoxyphene

Diethylpropion

Dihydrocodeine

Ethylmorphine (3-ethylmorphine)

Fenethylline

3-Fluorophenmetrazine

Glutethimide

Lefatamine

Mecloqualone

Methaqualone

Methylphenidate

Nicocodine

Nicodicodine (6-nicotinoyldihydrocodeine)

Norcodeine

Pentazocine

Phenmetrazine

Phentermine

Pholcodine

Propiram

Quinalbarbitone.

7 Any steroeoisomeric form of a substance specified in paragraph 6.

8 Any salt of a substance specified in paragraph 6 or paragraph 7.

9 Any preparation or other product containing a substance or product specified in any of paragraphs 6 to 8, not being a preparation specified in Schedule 5.

10 A cannabis based product for medicinal use in humans, being a preparation or other product which –

(a) is or contains cannabis, cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or its stereoisomers);

(b) is produced for medicinal use in humans; and

(i) a medicinal product which is manufactured in compliance with 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, substituted, extended or applied from time to time by any other EU provision, or as that Regulation otherwise has effect in the EU from time to time by virtue of any judgment of the European Court, or

(ii) a substance or preparation for use as an ingredient in, or in the production of an ingredient of, a medicinal product which is manufactured in compliance with that Directive.

SCHEDULE 3[46]

(Article 1)

SCHEDULE 3 Drugs

1 The following substances, namely –

(a) Benzphetamine

7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one

Cathine

Chlorphentermine

Ethchlorvynol

Ethinamate

Flunitrazepam

Mazindol

Mephentermine

Meprobamate

Methylphenobarbitone

Methyprylone

Phendimetrazine

Pipradrol

Temazepam

Tramadol ((±)-trans-2-((dimethylamino)methy1)-1-(3-methoxyphenyl)cyclohexanol)

(b) any 5,5 disubstituted barbituric acid not being quinalbarbitone.

2 Any ester or ether of pipradrol.

3 Any stereoisomeric form of a substance specified in paragraph 1 or 2 not being phenylpropanolamine.

4 Any salt of a substance specified in any of paragraphs 1 to 3.

5 Any preparation or other product containing a substance specified in any of paragraphs 1 to 4, not being a preparation specified in Schedule 5.

SCHEDULE 4[47]

(Article 1)

SCHEDULE 4 Drugs

1 The following substances and products –

Alprazolam

Aminorex

Bromazepam

Brotizolam

Camazepam

Chlordiazepoxide

Clobazam

Clonazepam

Clorazepic acid

Clotiazepam

Cloxazolam

Delorazepam

Diazepam

Estazolam

Ethyl loflazepate

Etizolam

Fencamfamin

Fenproporex

Fludiazepam

Flurazepam

Halazepam

Haloxazolam

4-hydroxybutanoic acid (4-hydroxy-n-butyric acid; gamma-hydroxybutyric acid)

Ketazolam

Loprazolam

Lorazepam

Lormetazepam

Medazepam

Mefenorex

Mesocarb

Midazolam

Nimetazepam

Nitrazepam

Nordazepam

Oxazepam

Oxazolam

Pemoline

Pinazepam

Prazepam

Propylhexedrine

Pyrovalerone

Remimazolam

Tetrazepam

Triazolam

Zaleplon

Zolpidem

Zopiclone

N-Ethylamphetamine.

2 The following substances –

5α-Androstane-3, 17-diol

4-Androstene-3, 17-dione

5-Androstene-3, 17-diol

Androst-4-ene-3, 17-diol

1-Androstenediol

1-Androstenedione

5-Androstenedione

Atamestane

Bolandiol

Bolasterone

Bolazine

Boldenone

Boldione

Bolenol

Bolmantalate

Calusterone

4-Chloromethandienone

Clostebol

Danazol

Desoxymethyltestosterone

Drostanolone

Enestebol

Epitiostanol

Ethyloestrenol

Fluoxymesterone

Formebolone

Furazabol

Gabapentin (1-(aminomethyl)cyclohexaneacetic acid)

Gestrinone

3-Hydroxy-5α-androstan-17-one

Mebolazine

Mepitiostane

Mesbolone

Mestanolone

Mesterolone

Methandienone

Methandriol

Methenolone

Methyltestosterone

Metribolone

Mibolerone

Nandrolone

19-Nor-4-Androstene-3, 17-dione

19-Nor-5- Androstene-3, 17-diol

19-Norandrostenedione

19-Norandrosterone

19-Noretiocholanolone

Norboletone

Norclostebol

Norethandrolone

Ovandrotone

Oxabolone

Oxandrolone

Oxymesterone

Oxymetholone

Prasterone

Pregabalin ((S)-3-(aminomethyl)-5-methylhexanoic acid)

Propetandrol

Prostanozol

Quinbolone

Roxibolone

Silandrone

Stanolone

Stanozolol

Stenbolone

Tetrahydrogestrinone

Testosterone

Thiomesterone

Trenbolone.

3 Any compound (not being Trilostane or a compound specified in paragraph 2) structurally derived from 17 hydroxyandrostan-3-one or from 17-hydroxy-estran-3-one by modification –

(a) by further substitution at position 17 by a methyl or ethyl group;

(b) by substitution to any extent at one or more positions 1, 2, 4, 6, 7, 9, 11, or 16, but at no other position;

(c) by unsaturation in the carbocyclic ring system to any extent, provided that there are no more than 2 ethylenic bonds in any one carbocyclic ring; or

(d) by fusion of ring A with a heterocyclic system.

4 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 paragraph 2 or paragraph 3.

5 Chorionic Gonadotrophin (HCG)

Non-human chorionic gonadotrophin

Somatotropin

Somatrem

Somatropin

Zeranol

Zilpaterol.

6 Clenbuterol.

7 Any stereoisomeric form of a substance specified in any of paragraphs 1 to 6.

8 Any salt of a substance specified in any of paragraphs 1 to 7.

9 Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 8 not being a preparation specified in Schedule 5.

10 A liquid formulation –

(a) containing a botanical extract of cannabis –

(i) with a concentration of not more than 30 milligrams of cannabidiol per millilitre, and not more than 30 milligrams of delta-9-tetrahydrocannabinol per millilitre, and

(ii) where the ratio of cannabidiol to delta-9-tetrahydrocannabinol is between 0.7 and 1.3;

(b) which is dispensed through a metered dose pump as a mucosal mouth spray; and

(c) which was approved for marketing by the Medicines and Healthcare Products Regulatory Agency of the United Kingdom on 16th June 2010.

SCHEDULE 5

(Article 1)

SCHEDULE 5 Drugs

(1) Any preparation of one or more of the substances to which this paragraph applies, not being a preparation designed for administration by injection, when compounded with one or more other active or inert ingredients and containing a total of not more than 100 mg of the substance or substances (calculated as base) per dosage unit or with a total concentration of not more than 2.5% (calculated as base) in undivided preparations.

(2) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, dihydrocodeine, ethylmorphine, nicocodine, nicodicodine (6-nicotinoyldihydrocodeine), norcodeine, pholcodine and their respective salts.

3 Any preparation of medicinal opium or of morphine containing (in either case) not more than 0.2% of morphine calculated as anhydrous morphine base, being a preparation compounded with one or more other active or inert ingredients in such a way that opium or, as the case may be, the morphine, cannot be recovered by readily applicable means or in a yield that would constitute a risk to health.

4 Any preparation of dextropropoxyphene, being a preparation designed for oral administration, containing not more than 135 mg of dextropropoxyphene (calculated as base) per dosage unit or with a total concentration of not more than 2.5% (calculated as base) in undivided preparations.

5 Any preparation of difenoxin containing, per dosage unit, not more than 0.5 mg of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of the dose of difenoxin.

6 Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 mg of diphenoxylate calculated as base, and a quantity of atropine sulphate equivalent to at least 1% of the dose of diphenoxylate.

7 Any preparation of propiram containing, per dosage unit, not more than 100 mg of propiram calculated as base and compounded with at least the same amount (by weight) of methylcellulose.

8 Any powder of ipecacuanha and opium comprising –

10% opium in powder,

10% ipecacuanha root, in powder, well mixed with 80% of any other powdered ingredient containing no controlled drug.

9 The following substances namely –

Methohexitone sodium

Phenobarbitone

Phenobarbitone sodium

Thiopentone sodium

and any preparation containing any of the above substances.

10 Any mixture containing one or more of the preparations specified in paragraphs 1 to 9, being a mixture of which none of the other ingredients is a controlled drug.

SCHEDULE 6[48]

(Article 2(4))

SCHEDULE 6 Drugs

1 Gamma–butyrolactone including –

(a) any salt of gamma–butyrolactone; and

(b) any preparation or other product containing gamma–butyrolactone or a substance specified in sub-paragraph (a).

2 1,4–butanediol including –

(a) any substance which is an ester or ether or both an ester and ether of 1,4‑butanediol;

(b) any salt of 1,4–butanediol or of a substance specified in sub-paragraph (a); and

Endnotes

Table of Legislation History

Legislation	Year and No	Commencement
Misuse of Drugs (General Provisions) (Jersey) Order 2009	R&O.23/2009	1 May 2009
Misuse of Drugs (General Provisions) (Amendment) (Jersey) Order 2009	R&O.115/2009	23 November 2009
Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010	L.6/2010	16 May 2010
Misuse of Drugs (Miscellaneous Amendments) (Jersey) Order 2010	R&O.94/2010	17 September 2010
Misuse of Drugs (Miscellaneous Amendments) (No. 2) (Jersey) Order 2012	R&O.106/2012	21 September 2012
Misuse of Drugs (Miscellaneous Amendments) (No. 3) (Jersey) Order 2013	R&O.75/2013	17 June 2013
Misuse of Drugs (Miscellaneous Amendments) (No. 4) (Jersey) Order 2013	R&O.166/2013	20 December 2013 – as to amendments made by Article 4(1) to (16) 1 April 2014 – as to amendment made by Article 4(17)
Misuse of Drugs (Miscellaneous Amendments) (No. 5) (Jersey) Order 2014	R&O.93/2014	9 July 2014
Misuse of Drugs (Miscellaneous Amendments) (No. 6) (Jersey) Order 2016	R&O.20/2016	24 February 2016
Misuse of Drugs (Miscellaneous Amendments) (No. 7) (Jersey) Order 2018	R&O.147/2018	1 January 2019
Misuse of Drugs (Miscellaneous Amendments) (No. 8) (Jersey) Order 2019	R&O.49/2019	27 June 2019 – Article 2(1)–(6) 26 July 2019 – Article 2(7)
Misuse of Drugs (Miscellaneous Amendments) (No. 9) (Jersey) Order 2021	R&O.145/2021	1 December 2021
Official Analyst (Jersey) Law 2022	L.30/2022	12 August 2022
Misuse of Drugs Law and Orders (Jersey) Amendment Order 2024	R&O.46/2024	7 August 2024

Table of Renumbered Provisions

Original	Current
32(1)	Spent, omitted
32(2)	32(1)
32(3)	32(2)
33(1)	33
33(2)	Spent, omitted

Table of Endnote References

[1] Article 1(1) amended by L.6/2010, R&O.106/2012, R&O.166/2013, R&O.145/2021

[2] Article 1(1A) inserted by R&O.145/2021

[3] Article 2 substituted by R&O.106/2012

[4] Article 2(5) inserted by R&O.49/2019, amended by L.30/2022

[5] Article 4(1) amended by R&O.166/2013, R&O.145/2021

[6] Article 5(2) amended by R&O.166/2013, R&O.145/2021

[7] Article 5(2A) inserted by R&O.145/2021

[8] Article 5(2B) inserted by R&O.145/2021

[9] Article 5(2C) inserted by R&O.145/2021

[10] Article 5(2D) inserted by R&O.145/2021

[11] Article 5(3) amended by R&O.166/2013, substituted by R&O.145/2021

[12] Article 6(2A) inserted by R&O.166/2013

[13] Article 6(2B) inserted by R&O.166/2013

[14] Article 6(2C) inserted by R&O.145/2021

[15] Article 6(2D) inserted by R&O.145/2021

[16] Article 6(2E) inserted by R&O.145/2021

[17] Article 6(2F) inserted by R&O.145/2021

[18] Article 6(4) amended by L.6/2010, R&O.166/2013, R&O.145/2021, L.30/2022

[19] Article 6(5) amended by R&O.166/2013, R&O.145/2021

[20] Article 6(6) amended by R&O.166/2013

[21] Article 7(2) amended by R&O.166/2013, R&O.145/2021

[22] Article 7(3) amended by R&O.166/2013, R&O.145/2021

[23] Article 7(4) amended by R&O.166/2013, R&O.145/2021

[24] Article 7(5) amended by R&O.166/2013

[25] Article 8(1) editorial change, “posses” deleted, “possess” inserted instead

[26] Article 9(1) editorial change, “posses” deleted, “possess” inserted instead

[27] Article 12(1) amended by R&O.166/2013

[28] Article 13(4) amended by R&O.166/2013, R&O.145/2021

[29] Article 13(6) amended by R&O.166/2013, R&O.145/2021

[30] Article 15(1) amended by R&O.49/2019

[31] Article 17(2) amended by R&O.145/2021

[32] Article 20(2) amended by R&O.49/2019

[33] Article 20A inserted by R&O.147/2018

[34] Article 21(2) amended by R&O.166/2013

[35] Article 21(7) editorial change to sub-paragraph (c), “posses” deleted, “possess” inserted instead

[36] Article 26(2) amended by R&O.166/2013, R&O.145/2021

[37] Article 26(3) amended by R&O.166/2013, R&O.145/2021

[38] Article 26(4) amended by R&O.166/2013, R&O.145/2021

[39] Article 28(4) amended by R&O.166/2013, R&O.145/2021

[40] Article 29(1) amended by R&O.166/2013, R&O.145/2021

[41] Article 30 amended by R&O.166/2013, R&O.145/2021

[42] Article 31(6) amended by R&O.166/2013

[43] Article 31(7) amended by R&O.166/2013

[44] Schedule 1 substituted by R&O.115/2009, amended by R&O.94/2010, R&O.106/2012, R&O.75/2013, R&O.166/2013, R&O.93/2014, R&O.20/2016, R&O.147/2018, R&O.49/2019, R&O.46/2024

[45] Schedule 2 substituted by R&O.115/2009, amended by R&O.106/2012, R&O.166/2013, R&O.93/2014, R&O.20/2016, R&O.147/2018, R&O.49/2019, R&O.145/2021

[46] Schedule 3 substituted by R&O.106/2012, amended by R&O.166/2013

[47] Schedule 4 substituted by R&O.106/2012, amended by R&O.93/2014, R&O.20/2016, R&O.49/2019, R&O.46/2024

[48] Schedule 6 added by R&O.106/2012

Page Last Updated: 10 Dec 2024

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Misuse of Drugs (General Provisions) (Jersey) Order 2009

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