The Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2024

Made: 19th December 2024

Coming into operation: 15th January 2025

The Department of Health, makes the following Regulations in exercise of the powers conferred by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971[^f00001] as adapted by sections 7(9), 31(4) and 38 of that Act and now vested in it[^f00002] and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Misuse of Drugs (Amendment No. 2) Regulations (Northern Ireland) 2024 and shall come into operation on 15th January 2025.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002

2

• (1) The Misuse of Drugs Regulations (Northern Ireland) 2002[^f00004] are amended as follows.

• (2) In paragraph 1(a) of Schedule 1 (Controlled Drugs subject to the requirements of Regulations 14, 15, 16, 18, 19, 20, 23, 26 and 27), insert in the appropriate places the following—

AP-237 (1-[4-([2E]-3-phenyl-2-propen-1-yl)-1-piperazinyl]-1-butanone) (bucinnazine); AP-238 (1-[2,6-dimethyl-4-[2E]-3-phenyl-2-propen-1-yl]-1-piperazinyl-1-propanone); Azaprocin (1-[3-[(E)-3-phenyl-2-propen-1-yl]-3,8-diazabicyclo[3.2.1]octan-8-yl]propan-1-one); Bentazepam (5-phenyl-1,3,6,7,8,9-hexahydro-2H-[1]benzothieno[2,3-e][1,4]diazepin-2-one); Bretazenil (tert-butyl-8-bromo-11,12,13,13a-tetrahydro-9-oxo-9H-imidazo[1,5-a]-pyrrolo[2,1-c][1,4]benzodiazepine-1-carboxylate); Clobromazolam (8-bromo-6-(2-chlorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine); Cloniprazepam (5-(2-chlorophenyl)-1-(cyclopropylmethyl)-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one); Desalkylgidazepam (7-bromo-5-phenyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one); Deschloroclotizolam (2-chloro-9-methyl-4-phenyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine); Difludiazepam (7-chloro-5-(2,6-difluorophenyl)-1-methyl-3H-1,4-benzodiazepin-2-one); Flubrotizolam (2-bromo-4-(2-fluorophenyl)-9-methyl-6H-thieno[3,2f][1,2,4]triazolo[4,3a][1,4]diazepine); Fluclotizolam (2-chloro-4-(2-fluorophenyl)-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine); Fluetizolam (2-ethyl-4-(2-fluorophenyl)-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine); Gidazepam (7-bromo-2,3-dihydro-2-oxo-5-phenyl-1H-1,4-benzodiazepine-1-acetic acid hydrazide); Methylclonazepam (5-(2-chlorophenyl)-1-methyl-7-nitro-3H-1,4-benzodiazepin-2-one); para-methyl-AP-237 (1-[4-[2E]-3-(4-methylphenyl)-2-propen-1-yl]-1-piperazinyl-1-butanone); para-nitroazaprocin (1-[3-[(E)-3-(4-nitrophenyl)-2-propen-1-yl]-3,8-diazobicyclo[3.2.1]octan-8-yl)propan-1-one); Rilmazafone (5-([(2-aminoacetyl)amino]methyl)-1-[4-chloro-2-(2-chlorobenzoyl)phenyl]-N,N-dimethyl-1H-1,2,4-triazole-3-carboxamide); Thionordazepam (7-chloro-5-phenyl-1,3-dihydro-2H-1,4-benzodiazepin-2-thione); 4’-Chloro-deschloroalprazolam (6-(4-chlorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine); 2-Methyl-AP-237 (1-[2-methyl-4-[2E]-3-phenyl-2-propen-1-yl]-1-piperazinyl-1-butanone);

• (3) In the entry for Methoxyphenidine in paragraph 1(a) of Schedule 1, at the end insert “(1-[1-(2-methoxyphenyl)-2-phenylethyl]piperidine) (methoxphenidine)”.

• (4) In Schedule 1, after paragraph 1(r) insert—

(s) any compound (not being a compound for the time being specified in sub-paragraph (a) above) with a maximum molecular mass of 500 atomic mass units and structurally derived from 2-(2-benzyl-benzimidazol-1-yl)ethanamine by modification in any of the following ways, that is to say— (i) by substitution at the nitrogen of the ethanamine to any extent by alkyl substituents containing up to three carbon atoms or alkenyl substituents containing up to three carbon atoms or by inclusion of the nitrogen atom (and no other atoms of the side chain) in a cyclic structure; (ii) by substitution in the phenyl ring of the benzyl system to any extent by alkyl or haloalkyl containing up to six carbon atoms, alkoxy or haloalkoxy containing up to five carbon atoms, acetyloxy, hydroxy, cyano, halogen, thioalkyl containing up to five carbon atoms or alkylsulphonyl containing up to five carbon atoms; (iii) by substitution at the 5- or 6- positions of the benzimidazole system by nitro, acetyl, cyano, methoxy, trifluoromethyl, trifluoromethoxy or halogen substituents; (iv) by substitution at the benzylic carbon by a methyl group; (v) by replacement of the benzylic carbon by a nitrogen, oxygen or sulphur atom; (vi) by substitution in the phenyl ring of the benzyl system by an ethoxy group linked back to the phenyl ring to form a dihydrobenzofuran structure; (vii) by replacement of the phenyl ring of the benzyl system by methylenedioxyphenyl.

• (5) In paragraph 1 of Part 1 of Schedule 4 (Controlled Drugs subject to the requirements of Regulations 22, 23, 26 and 27) after “Triazolam” insert—

Xylazine

Signed

Sealed with the Official Seal of the Department of Health on 19th December 2024.

Michael O’Neill — A senior officer of the Department of Health

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Misuse of Drugs Regulations (Northern Ireland) 2002 (S.R. 2002 No. 1) (“the 2002 Regulations”).

Regulation 2(2) adds twenty-one substances (four acyl piperazine opioids, two chemically bridged acyl piperazine derivatives, and fifteen novel benzodiazepines and related compounds) to Schedule 1 to the 2002 Regulations.

Regulation 2(3) adds an additional common name and the full International Union of Pure and Applied Chemistry name to the entry for methoxyphenidine, which is already included in Schedule 1 to the 2002 Regulations.

Regulation 2(4) adds a range of 2-benzyl benzimidazole variants to Schedule 1 to the 2002 Regulations.

Regulation 2(5) adds xylazine to Part 1 of Schedule 4 to the 2002 Regulations.

The Schedule in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed and dictates the controls that the drug is subject to, such as the record-keeping, labelling and destruction requirements in relation to that drug.

Footnotes

[^f00001]: 1971 c. 38, as amended by the Police Reform and Social Responsibility Act 2011 (c. 13).

[^f00002]: S.R. & O. (N. I.) No. 1973 No. 504, Article 5(a) and S.I. 1999/283 (N.I. 1), Article 3(6).

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 2002 No. 1, amended by SR 2015 No. 227 and 2024 No. 36. There are other amending instruments but none are relevant.

Editorial notes

[^key-75c44300a94f00e6f82c378b259446a6]: Reg. 1 in operation at 15.1.2025, see reg. 1(1)

[^key-63d7df01cd33820dc8d79174a791f05a]: Reg. 2 in operation at 15.1.2025, see reg. 1(1)