The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018 No. 1055

Amendment of the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015

9.—(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 1(1)—

(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—

(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

(c)

is—

(i)

a medicinal product, or

(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 2012(2).

(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.”.

(1)

Paragraph 1 has been amended by S.I. 2017/632.

(2)

S.I. 2012/1916. See the definition of “medicinal product” in regulation 2.