Misuse of Drugs Act 1977

Controlled drugs.

2

2. (1) In this Act “ controlled drug” means any substance, product or preparation (other than a substance, product or preparation specified in an order under subsection (3) of this section which is for the time being in force) which is either specified in the Schedule to this Act or is for the time being declared pursuant to subsection (2) of this section to be a controlled drug for the purposes of this Act.

(2) The Government may by order declare any substance, product or preparation (not being a substance, product or preparation specified in the Schedule to this Act) to be a controlled drug for the purposes of this Act and so long as an order under this subsection is in force, this Act shall have effect as regards any substance, product or preparation specified in the order as if the substance, product or preparation were specified in the said Schedule.

(3) The Government may by order declare that the provisions of this Act shall not apply in relation to a substance, product or preparation specified both in the order and in the Schedule to this Act, and so long as an order under this subsection is in force, this Act shall not apply in relation to a substance, product or preparation specified in the order.

(4) The Government may by order amend or revoke an order under this section (including an order made under this subsection).

Annotations:

Editorial Notes:

E16

Power pursuant to subs. (2) exercised (21.11.2017) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2017 (S.I. No. 531 of 2017).

E17

Power pursuant to subs. (2) exercised (16.12.2014) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2014 (S.I. No. 571 of 2014).

E18

Power pursuant to subs. (2) exercised (1.11.2011) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2011 (S.I. No. 551 of 2011), in effect as per art. 2.

E19

Power pursuant to subs. (2) exercised (11.05.2010) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2010 (S.I. No. 199 of 2010), in effect as per art. 2.

E20

Power pursuant to subs. (2) exercised (31.03.2009) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2009 (S.I. No. 121 of 2009).

E21

Supply of samples and advertisement of controlled drugs under this section prohibited (23.07.2007) by Medicinal Products (Control of Advertising) Regulations 2007 (S.I. No. 541 of 2007), regs. 10 and 22(2), in effect as per reg. 2.

E22

Power pursuant to subs. (2) exercised (31.01.2006) by Misuse of Drugs Act 1977 (Controlled Drugs)(Declaration) Order 2006 (S.I. No. 55 of 2006), in effect as per art. 1(2).

E23

Power pursuant to subs. (2) exercised (9.11.1993) by Misuse of Drugs Act, 1977 (Controlled Drugs) (Declaration) Order 1993 (S.I. No. 328 of 1993).

E24

Power pursuant to subs. (2) exercised (29.09.1987 and 1.05.1988) by Misuse of Drugs Act, 1977 (Controlled Drugs) (Declaration) Order 1987 (S.I. No. 251 of 1987), in effect as per art. 2.

E25

Previous affecting provision: power pursuant to subs. (2) exercised (1.03.2004) by Misuse of Drugs Act, 1977 (Controlled Drugs) (Declaration No. 4) Order 2004 (S.I. No. 78 of 2004), in effect as per art. 2; revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(2)(b).

E26

Previous affecting provision: power pursuant to subs. (2) exercised (4.02.2003) by Misuse of Drugs Act, 1977 (Controlled Drugs (Declaration No 3) Order 2003 (S.I. No. 43 of 2003); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(2)(a).

E27

Previous affecting provision: supply of samples and advertisement of controlled drugs under this section prohibited (16.03.1993) by Medical Preparations (Advertising) Regulations 1993 (S.I. No. 76 of 1993), regs. 5 and 14(3); revoked (23.07.2007) by Medicinal Products (Control of Advertising) Regulations 2007 (S.I. No. 541 of 2007), reg. 3, in effect as per reg. 2.