Amendment of the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 20159

1

Schedule 1 to the 2015 Order (which specifies the controlled drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies) is amended as follows.

2

In paragraph 1(a) of Part 110—

a

after “Cannabinol” insert “(not being the product specified in paragraph 10(1) or (2))”;

b

after “Cannabinol derivatives not being dronabinol or its stereoisomers” insert “(and not being the product specified in paragraph 10(1) or (2))”;

c

for “Cannabis (not being the substance specified in paragraph 4 of Part 2 of this Schedule)”, substitute “Cannabis (not being the substance specified in paragraph 9 or product specified in paragraph 10(1) or (2))”; and

d

after “Cannabis resin” insert “(not being the product specified in paragraph 10(1) or (2))”.

3

In Part 2 (which specifies controlled drugs excepted from Part 1), after paragraph 9 insert—

10

1

A cannabis-based product for medicinal use in humans.

2

A product which is—

a

specified in Part 1 as a consequence of the application of paragraphs 2 to 5 to a preparation or other product (not being the substance specified in paragraph 9) which is or contains cannabis, cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or its stereoisomers); and

b

produced for medicinal use in humans.

3

In this paragraph—

  • “cannabis-based product for medicinal use in humans” means a preparation or other product (not being the substance specified in paragraph 9), which—

    1. a

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

    2. b

      is produced for medicinal use in humans; and

    3. c

      is—

      1. i

        a medicinal product, or

      2. ii

        a substance or preparation for use as an ingredient of, or in the production of an ingredient of, a medicinal product; and

  • “medicinal product” has the same meaning as in the Human Medicines Regulations 201211.

4

In this Schedule, “dronabinol” does not include any substance which—

a

has the international non-proprietary name dronabinol (recommended by the World Health Organisation); and

b

is derived from cannabis, cannabis resin or their constituents,

and stereoisomers of dronabinol are to be construed accordingly.