differences in UK schedules and classes?

specialspack

specialspack

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under UK drug laws, there are two different classifications, "classes" A, B, C etc under the Misuse of Drugs Act 1971, and "schedules" 1, 2, 3 etc under the Misuse of Drugs Regulations, 2001.

The MDA makes references to penalties for possession, supply etc, whereas as far as i can see, the MDR does not.

What is the status of drugs that are scheduled, but are not classified? eg 5-meo-dmt? what are the penalties etc associated with them?

there is a full list of scheduled and classified drugs here:

http://www.homeoffice.gov.uk/docs/cdlist.pdf
 
If the drug is scheduled then it must have also be classified. Scheduling only applies to classified drugs. The schedule allows classified drugs to be used in some circumstances, the schedule defines those circumstances.

I'm guessing that 5-meo-dmt is infact illegal, take a look through:

http://www.hmso.gov.uk/si/si2001/20013997.htm

and note:

"(b) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;"

It seems that you'd need to consult a chemist rather than a lawyer to be able to work that one out ;)
 
if you look at the pdf link i posted above, you will see that there are a several drugs in the list that have schedules but no class:
N-Methylhomoveratrylamine, N-Omega- Methyltryptamine, P.Bromophenethylamine, 4-Methyl-2,5-dimethoxyamphetamine (DOM), 5-Methoxydimethyltryptamine, to list a few...

These drugs are scheduled but NOT classified, contrary to what Jase said about schedules only applying to classified drugs.

anyone shed any light on this?
 
Also, looking at these documents, the 2001 amendment which jase linked which makes most phenethylamines schedule 1, doesnt seem to mention making them class A, yet they appear as both schedule 1 an class A on the pdf doc i originally linked....
 
Its a drop off on the PDF, those drugs are controlled. That list is not an accurate or complete list.

I'm guessing that the drugs you specified have been directly scheduled (by name) in the "Misuse of Drugs Regulations, 2001.", but indirectly mentioned (that "designer" line I showed you) in the MDA.

The drugs will almost certainly be Class A. Its hard going trying to apply all the ammendments to work out where in the MDA those lines were inserted and thus be able to work out the classification.
 
hmmmm.... not sure i quite follow you there, jase. there are many drugs on that list that dont have a class, but the list as a whole is a list of controlled drugs.. are you saying that their classes have just been left of by mistake? that seems like an awful lot of error in a government document. the alternative is that they dont have a specific class..

i have seen nothing anywhere which says that schedule 1 drugs are automatically class A, although i guess this might be the case...

If you look here:
http://www.hmso.gov.uk/si/si2001/draft/20018702.htm

which i got from erowid, you will see at the explanatory note at the bottom it says
"The thirty-six substances are phenethylamine derivatives which are not covered by the definition in paragraph 1(c) of Part I of Schedule 2 to the 1971 Act. Thirty-five of the substances are added as Class A drugs; and á-Methylphenethylhydroxylamine is added as a Class B drug."
This is the only mention of classes in the whole document... i presume this is draft of the stat. inst. that you linked me, no.3997.. where all reference in the explanatory note to classes has been removed...
 
What I'm saying is that whoever made the list went through the MDA1971 and pulled out drug names. Thats all well and good, but that only gets you a limited set of substances, to get the full list you need to know something about chemistry, as you would need to be able to interepret and work out all the possibilities for entries such as this:

"(b) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;"

If drug xxx-yyy-zzz is covered by the above, then it will not be explicitly listed in the MDA. If xxx-yyy-zzz has medical use, and gets to be non-schedule-1 then it will be mentioned in the MDR. So a civil service muppet picking out drug names to produce the list would not find it in the MDA.

i have seen nothing anywhere which says that schedule 1 drugs are automatically class A, although i guess this might be the case...
Click to expand...

MDA controlled drugs are automatically Schedule 1, unless they've been specifically scheduled otherwise. Remember the purpose of the MDR is to allow controlled drugs to have a legal medical use. Therefore if a drug is scheduled in MDR then it has to also be classified under the MDA.

are you saying that their classes have just been left of by mistake? that seems like an awful lot of error in a government document. the alternative is that they dont have a specific class..
Click to expand...

That list is not definitive, the MDA1971 is the definitive document. This is a just a list of commonly encountered drugs.
 
ok, I accept that you need to follow the chemical general terms to work out whether something is covered by the MDR (2001) - where your statement above is drawn from. But lets suppose drug X is covered by this.

what im trying to get it is, if a drug is covered by said regulation, and is therefore a schedule 1, 2 or whatever, does that therefore automatically make it a class A, B or C? If not, are there specific penalties listed for possesion/supply etc of scheduled drugs?

"MDA controlled drugs are automatically Schedule 1, unless they've been specifically scheduled otherwise. Remember the purpose of the MDR is to allow controlled drugs to have a legal medical use. Therefore if a drug is scheduled in MDR then it has to also be classified under the MDA."

Right. But what I'm asking is the other way around - are MDR scheduled drugs automatically Class A?

oh but actually im being a total dumbass, because the statement about tryptamines is in BOTH the MDA and the MDR... my confusion was arising from the fact that I thought it was just in the MDR. Sorry.

Which raises an interesting point, in that since the statement is the same in both the MDA and MDR,
"(b) any compound (not being a compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;"
i wonder why whoever was compiling that list only included 5-meo-dmt (for example as a schedule 1 drug, and not a class A, as it isnt named specifically in the MDR...
 
The following is a list of the most commonly encountered drugs currently controlled under the Misuse of Drugs legislation showing their respective classifications under both the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001. Although it is extensive, the list is not exhaustive and in the event of a substance not being listed below. Reference should also be made to the notes in Parts I, II, III and IV of Schedule 2 of the Misuse of Drugs Act 1971 and in Schedules 1 to 5 of The Misuse of Drugs Regulations 2001. Reference may also be made to Licensing Section who hold a more detailed list of drugs in Schedules 1 and 2 and to the Laboratory of the Government Chemist.
 
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