The Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2024

Made: 6th March 2024

Coming into operation: 27th March 2024

The Department of Health, makes the following Order in exercise of the powers conferred by section 7(4) and (5) of the Misuse of Drugs Act 1971[^f00001] as adapted by section 7(9) 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 7(7) of that Act.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order (Northern Ireland) 2024 and shall come into operation on 27th March 2024.

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

Amendment of the Misuse of Drugs (Designation) Order (Northern Ireland) 2001

2

• (1) The following amendments are made to Part 1 of Schedule 1 to the Misuse of Drugs (Designation) Order (Northern Ireland) 2001[^f00004] (which specifies Controlled Drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies).

• (2) In paragraph 1(a) —

• (a) after “Bromazolam (8-bromo-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)” insert “Brorphine”;

• (b) after “1,4-Butanediol” insert “Butonitazene”;

• (c) after “Clonazolam (6-(2-Chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Clonitazene”;

• (d) after “Concentrate of poppy-straw” insert “Cumyl-PeGaClone”;

• (e) after “Diclazepam (7-Chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one)” insert—

Diphenidine Ephenidine Ethyleneoxynitazene

• (f) after “Etizolam” insert—

Etodesnitazene (etazene) Etonitazene

• (g) after “Flubromazolam (8-Bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4] benzodiazepine)” insert “Flunitazene”;

• (h) after “Isopropylphenidate (IPP or IPPD)” insert “Isotonitazene”;

• (i) after “Methcathinone” insert “Methoxyphenidine”;

• (j) after “Metizolam (4-(2-Chlorophenyl)-2-ethyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4] diazepine)” insert—

Metodesnitazene (metazene) Metonitazene

• (k) after “Propylphenidate” insert “Protonitazene”;

• (l) after “1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45)” insert—

N-Desethyl etonitazene N-Desethylisotonitazene N-Desethyl protonitazene

• (m) after “4-Methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4’-DMAR)” insert—

N-Piperidinyl-etonitazene (etonitazepipne) N-Pyrrolidino-etonitazene (etoniazepyne) N-Pyrrolidino protonitazene

Signed

Sealed with the Official Seal of the Department of Health on 6th March 2024.

Cathy Harrison — A senior officer of the Department of Health

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This Order amends the Misuse of Drugs (Designation) Order (Northern Ireland) 2001 (S.R. 2001 No. 431) (“the Order”).

Regulation 2 adds twenty-one substances (including seventeen synthetic opioids, sixteen of which are nitazenes) to Part 1 of Schedule 1 to the Order. Section 7(3) of the Misuse of Drugs Act 1971 (c. 38) requires the Department of Health to make regulations to allow drugs controlled under that Act to be used for medicinal purposes. Section 7(3), however, does not apply to any drug which is designated by order under section 7(4) of that Act. Controlled drugs are designated where the Department of Health is of the opinion that it is in the public interest for production, supply and possession of that drug to be either wholly unlawful or unlawful except for research or other special purposes, or for medicinal use of the drug to be unlawful except under licence. Schedule 1 to the Order specifies the list of controlled drugs to which section 7(4) applies.

Footnotes

[^f00001]: 1971 c. 38, as amended by the Police Reform and Social Responsibility Act 2011 (c. 13), Sch 17, para 7.

[^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. 2001 No. 431, relevant amending Orders are S.R. 2019 No. 207, S.R. 2018 Nos. 174 and 3, S.R. 2015 Nos. 228 and 54, S.R. 2014 Nos. 262, 159 and 20, S.R. 2013 No. 77, S.R. 2012 No. 212, S.R. 2011 No. 154, S.R. 2010 Nos. 246 and 149, S.R. 2009 No. 389, S.R. 2005 No. 359 and S.R. 2021 No. 231.

Editorial notes

[^key-9baf2683c94b912b1dc7aa146c55de9f]: Art. 1 in operation at 27.3.2024, see art. 1(1)

[^key-4e4ba090a793578dd6eafc0267711b70]: Art. 2 in operation at 27.3.2024, see art. 1(1)