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81 J. Crim. L. 3 (2017)

handle is hein.journals/jcriml2017 and id is 1 raw text is: 



                                                                 The   Journal of
                                                                   Criminal Law

                                                                        The journal of Criminal Law
                                                                            2017, Vol. 81(1) 3-4
Crim     inal Law         Legislation         Update                      ©K The Author(s) 2017
                                                                         Reprints and permissions:
                                                                 sagepub.co.ukl/journalsPermissions.nav
                                                                    DOI: 10.1177/0022018316689149
As  at 22   December 2016                                             journals.sagepub.com/home/cl
                                                                                $SAGE

Joanne   Clough
Northumbria University, UK




Misuse   of  Drugs   Act   1971  (Temporary Class Drug) (No 2) Order 2016
Article 2 of the Misuse of Drugs Act 1971 (Temporary Class Drug) (No 2) Order 2016 (SI 2016/1126)
specifies those substances and products as drugs which are subject to temporary control under s. 2A(1) of
the Misuse of Drugs Act 1971. The substances and products specified in article 2 are N-methyl-1-
(thiophen-2-yl)propan-2-amine related materials which are being misused as new psychoactive
substances. These substances and products were made the subject of temporary control by the Misuse
of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015 but this Order expired on 26 November
2016. This Order (SI 2016/1126) continues the controls which the 2015 Order had put in place.
   Article 3 of this Order (SI 2016/1126) provides that the Misuse of Drugs (Safe Custody) Regulations
1973 and the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 apply to these
substances and products. It also states that the Misuse of Drugs Regulations 2001 and the Misuse of
Drugs Regulations (Northern Ireland) 2002 apply to these substances and products as if they were
specified in Schedule 1 to each of the relevant Regulations.
   In accordance with s. 2A(6) of the Misuse of Drugs Act 1971, the specified substances and products
will cease to be subject to temporary control after the expiry of one year or on the coming into force of an
Order in Council under s. 2(2) of that Act, whichever is earlier, listing the specified substances and
products in Part 1, 2 or 3 of Schedule 2 to that Act. These changes took effect on 27 November 2016.


Misuse of Drugs Act 1971 (Amendment) Order 2016
This Order (SI 2016/1109) brings a specified list of drugs under the control of the Misuse of Drugs Act
1971 (MDA   1971). Article 3 of the Order brings a range of synthetic cannabinoids under permanent
control as Class B drugs under the MDA 1971, excluding those synthetic cannabinoids which are already
controlled under the Act as Class B drugs, two other compounds which are already controlled as Class A
drugs (clonitazene and etonitazene) and several other compounds that have legitimate medical uses
(acemetacin, atorvastatin, bazedoxifene, indometacin, losartan, olmesartan, proglumetacin, telmisartan,
viminol and zafirlukast). Article 4 ofthe Order brings the anabolic steroid known as Dienedione (estra-4,
9-diene-3,17-dione) under permanent control as a Class C drug. These changes came into effect on the
28th day after the day which it was made (made on 16 November 2016).


Misuse of Drugs (Designation) (Amendment) (England, Wales
and   Scotland) Order 2016
Section 7(3) of the Misuse of Drugs Act 1971 (MDA 1971) requires regulations to be made to allow
drugs which are subject to control under that Act to be used for medical purposes. Section 7(3) does not

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