Summary
1. This circular draws attention to the contents of the above Statutory Instruments (SIs), S.I. 2010/1207, S.I. 2010/1143 and S.I. 2010/1144 which come into force on 16 April 2010.
2. The Misuse of Drugs Act 1971 (Amendment) Order 2010 classifies 4- methylmethcathinone, also known as mephedrone, and other cathinone derivatives (except buproprion and those already controlled under the Act, including cathinone itself) as controlled drugs under Schedule 2 to the Misuse of Drugs Act 1971. These substances are subject to control as Class B drugs under Part 2 of that Schedule.
3. The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2010 designates these substances as drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies, essentially because they have no recognised medicinal use.
4. The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2010 (the “2010 Regulations”) place these drugs in Schedule 1 to the Misuse of Drugs Regulations 2001 which means essentially that it will be unlawful to possess, supply, produce, import or export the drugs except under licence.
5. .The codes for recording offences relating to these drugs by the police and the courts for statistical purposes within the Home Office Recorded Crime and Ministry of Justice Court Appearance Database (CAD) – which includes cautions – are set out in Annex A.. Methcathinone which is already controlled as a Class B drug should no longer be coded under “other Class B” but under the new codes. Cathinone and the 2 cathinone derivatives already controlled as Class C drugs - diethylpropion and pyrovalerone - should continue to be coded under “other Class C drugs”.