The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023

• Citation: S.I. 2023/1099
• Sections: 8

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 and come into force on 8th November 2023.

(2) In these Regulations “ the 2001 Regulations ” means the Misuse of Drugs Regulations 2001 .

(3) These Regulations extend to England and Wales and Scotland.

Section 2 Amendment of the Misuse of Drugs Regulations 2001

The 2001 Regulations are amended in accordance with regulations 3 to 8 below.

Section 3 Amendment of regulation 2

In regulation 2(1) (interpretation), insert the following definitions in the appropriate places—

“ medical purposes ” means the purposes of preventative medicine, medical diagnosis, medical research or the provision of medical care and treatment;

“ nitrous oxide ” includes any preparation or other product containing nitrous oxide;

Section 4 Amendment of regulation 4

In regulation 4 (exceptions for drugs in Schedules 4 and 5 and poppy straw)—

(a) in paragraph (1) after “Schedule 5” insert “except nitrous oxide” ;

(b) in sub-paragraph (b) of paragraph (3) after “Schedule 5” insert “except nitrous oxide” .

Section 5 New regulation 4C

After regulation 4B (exceptions for gamma-butyrolactone and 1,4-butanediol), insert—

Exemptions for nitrous oxide

(4C)

(1) The application of section 3(1) (which prohibits the importation and exportation of controlled drugs) of the Act, in so far as it creates an offence, and the application of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979 , in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Act, are hereby excluded in the cases of importation or exportation of nitrous oxide except where a person imports or exports the substance and—

(a) intends to wrongfully inhale it; or

(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.

(2) Notwithstanding the provisions of section 4(1)(a) (which prohibits the production of controlled drugs) of the Act, any person may produce nitrous oxide except where the person—

(a) intends to wrongfully inhale it; or

(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.

(3) Notwithstanding the provisions of section 4(1)(b) (which prohibits the supply of controlled drugs) of the Act any person may—

(a) supply, including by way of administration, nitrous oxide, except where the person knows, or is reckless as to whether, it is likely to be wrongfully inhaled by a person; or

(b) offer to supply nitrous oxide, except where the person knows, or is reckless as to whether, if the substance were supplied in accordance with the offer, it would be likely to be wrongfully inhaled by any person.

(4) Notwithstanding the provisions of section 5(1) (which prohibits the possession of controlled drugs) of the Act any person may possess nitrous oxide except where the person—

(a) intends to wrongfully inhale it; or

(b) intends to supply it to another person for its wrongful inhalation by any person.

(5) In this regulation references to wrongful inhalation mean any inhalation other than—

(a) for medical or dental purposes; or

(b) of nitrous oxide which has been released into the atmosphere.

Section 6 Amendment of regulation 7

In regulation 7(1) (administration of drugs in Schedules 2, 3, 4 and 5), after “Schedule 5” insert “except nitrous oxide” .

Section 7 Amendment of regulation 10

In regulation 10 (possession of drugs in Schedules 2, 3 and 4)—

(a) in the heading, for “and 4” substitute “, 4 and nitrous oxide” ;

(b) after sub-paragraph (e) of paragraph (1), insert—

(f) a person specified in sub-paragraph (f) of regulation 8(2) may have nitrous oxide in his possession,

(c) in paragraph (3), after “have” insert “nitrous oxide or” ;

(d) in sub-paragraph (a) of paragraph (4), after “possession” insert “nitrous oxide or” .

Section 8 Amendment of Schedule 5

In Schedule 5 (controlled drugs excepted from the prohibition on importation, exportation and possession and subject to the requirements of regulations 24 and 26)—

(a) in the heading, after “possession” insert “(apart from nitrous oxide)” ;

(b) after paragraph 10 insert—

(11) Nitrous oxide.