Misuse of Drugs Act 1971


The Misuse of Drugs Act 1971 is an act of the Parliament of [the United Kingdom]. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against [Illicit Traffic in Narcotic Drugs and Psychotropic Substances].
Offences under the act include:
  • Possession of a controlled drug unlawfully
  • Possession of a controlled drug with intent to supply it
  • Supplying or offering to supply a controlled drug
  • Allowing premises you occupy or manage to be used unlawfully for the purpose of producing or supplying controlled drugs
The act establishes the Home Secretary as the principal authority in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only medicines, and cannabis may be grown under licence for 'industrial purposes'. The , created under the 1971 Act, are about licensing of production, possession and supply of substances classified under the act. These created drug 'schedules', under which the supply of drugs are controlled.
The act creates three classes of controlled substances, A, B, and C, and ranges of penalties for illegal or unlicensed possession and possession with intent to supply are graded differently within each class. The lists of substances within each class can be amended by Order in Council, so the Home Secretary can list new drugs and upgrade, downgrade or delist previously controlled drugs with less of the bureaucracy and delay associated with passing an act through both Houses of Parliament.
Critics of the act such as David Nutt say that its classification is not based on how harmful or addictive the substances are, and that it is unscientific to omit substances like tobacco and alcohol.

List of controlled drugs

These drugs are known in the UK as controlled drug, because this is the term by which the act itself refers to them. In more general terms, however, many of these drugs are also controlled by the Medicines Act 1968, there are many other drugs which are controlled by the Medicines Act but not by the Misuse of Drugs Act, and some other drugs are controlled by other laws.
The act sets out four separate categories: Class A, Class B, Class C and temporary class drugs. Substances may be removed and added to different parts of the schedule by statutory instrument, provided a report of the Advisory Council on the Misuse of Drugs has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council's findings.
In reality the potential harm has little bearing on the class, which has led to dissatisfaction with drug laws.
Substances may be removed and added to different parts of the schedule by statutory instrument, provided a report of the ACMD has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council's findings. This list has in practice been modified a great number of times, sometimes removing substances, but more commonly adding some; for example, many benzodiazepines became Class C drugs in 1985, and many cathinones became Class B drugs in 2010.
Glossary of terminology used in this list
anabolic steroids – hormones that build muscle tissue

benzodiazepines – a class of sedative/anxiolytic drugs

cannabinoids – drugs that bind to cannabinoid receptors

arylcyclohexamines – dissociatives which act on the NMDA receptors

opioids – drugs that bind to opioid receptors

phenethylamines – psychedelics based on phenethylamine

sedatives – drugs that lower arousal

stimulants – drugs that heighten arousal

tryptamines – psychedelics based on tryptamine

Class A drugs

1. The following substances:
Name as specified
in the act
Brand or
street name
Drug typeYear
added
Notes and comments
Acetorphineopioid1971primarily used to sedate elephants, giraffes and rhinos
Alfentanilopioid1984
Allylprodineopioid1971
Alphacetylmethadolopioid1971synthetic
Alphameprodineopioid1971
Alphamethadolopioid1971
Alphaprodineopioid1971
Anileridineopioid1971
Benzethidineopioid1971
Benzylmorphineopioid1971
Betacetylmethadolopioid1971
Betameprodineopioid1971
Betamethadolopioid1971
Betaprodineopioid1971
BezitramideBurgodinopioid1971
BufoteninToad skin toxintryptamine1971found in the skins of psychoactive toads, especially Bufo alvarius
CarfentanilWildnilopioid1986Strongest known opioid; 10,000 times more potent than morphine, 100 times more potent than fentanyl. Used as a tranquilliser for large game.
Clonitazeneopioid1971
Coca leafErythroxylum1971the plant from which cocaine is derived
CocaineCoke, crack, rock, girl, Charlie, sniff, snow, packet, blow, whiff, gear, bugle, toot, bag, the Devil's dandruff, marching powderTropane alkaloid1971
DesomorphineKrokodil opioid1971Primarily used in Russia and Ukraine. Its full chemical name is dihydrodesoxymorphine, and is a 3,6 diester salt of morphine
DextromoramidePalfiumopioid1971
Diampromideopioid1971
Diethylthiambuteneopioid1971
DifenoxinRoskiesopioid1975
Dihydrocodeinone O-carboxymethyloximeopioid1971
Dihydroetorphineopioid 2003Semi-synthetic opioid; derivative of etorphine
DihydromorphineParamorphanopioid1971
Dimenoxadolopioid1971
Dimepheptanolopioid1971An analogue of methadone
Dimethylthiambuteneopioid1971
Dioxaphetyl butyrateopioid1971
Diphenoxylateopioid1971
Dipipanoneopioid1971
Drotebanolopioid1973
Ecgonineprecursor1971"and any derivative of ecgonine which is convertible to ecgonine or to cocaine"
Ethylmethylthiambuteneopioid1971
Eticyclidinearylcyclohexylamine1984
Etonitazeneopioid1971
Etorphineopioid19711,000–3,000 times more potent than morphine, veterinary use only for large game
Etoxeridineopioid1971
EtryptamineTryptamine1998
FentanylActiq, Duragesic, Sublimazeopioid1971Approximately 100 times the strength of morphine
Furethidineopioid1971
HydrocodoneVicodin, Norco, Lortabopioid1971
Hydromorphinolopioid1971
HydromorphoneDilaudid, Palladone, Hymorphan, drug store heroinopioid1971
Hydroxypethidineopioid1971
Isomethadoneopioid1971Simple positional isomer of Methadone
Ketobemidoneopioid1971
Levomethorphanopioid1971
Levomoramideopioid1971The totally inactive isomer of dextromoramide
Levophenacylmorphanopioid1971
LevorphanolLevo-Dromoranopioid1971
Lofentanilopioid1986
Lysergamideergoline1971A precursor to LSD
Lysergic acid diethylamideLSD, acidergoline1971"Lysergide and other N-alkyl derivatives of lysergamide"
MescalineMescalphenethylamine1971found naturally in types of cactus; cacti themselves not illegal
MDMAMD, Ecstasy, Molly, or Mandy phenethylamine1977Not specifically named but covered by the ban of alkylenedioxy-substituted phenethylamines
MDAphenethylamine1977Not specifically named but covered by the ban of alkylenedioxy-substituted phenethylamines
Metazocineopioid1971
MethadoneMethadose, Dolophineopioid1971Used in opioid replacement therapy to treat addiction
Methadyl acetateopioid1971used in treating opioid addiction, structurally related to methadone
MethamphetamineDesoxyn, crystal meth, meth, ice, glass, tina, crank, gak, and othersstimulant2006Moved from class B to class A in 2006
Methyldesorphineopioid1971
Methyldihydromorphineopioid1971
Metoponopioid1971
MorphineMS, dope, hard stuff, Miss Emma, junk, Mister Blue, God's drug, dreameropioid1971Derivative of the opium poppy and powerful narcotic painkiller
Morphine diacetateH, heroin, smack, dope, boy, junk, black tar, skag, heroopioid19713,6 diester salt of morphine, morphine prodrug
Morphine methobromideopioid1971"morphine N-oxide and other pentavalent nitrogen morphine derivatives"
Myrophineopioid1971
Nicomorphineopioid19713,6 diester salt of morphine
Noracymethadolopioid1971
Norlevorphanolopioid1971
Normethadoneopioid1971
Normorphineopioid1971
NorpipanoneHexalgonmethadol1971
OpiumLaudanum, Pantoponopioid mixture1971milky secretion of the opium poppy – banned "whether raw, prepared or medicinal"
OxycodoneOxyContin, Percocetopioid1971Widely used strong pain killer
OxymorphoneNumorphan, Opanaopioid1971
PethidineMeperidine, Demerol, Dolantineopioid1971
Phenadoxoneopioid1971
Phenampromideopioid1971
Phenazocineopioid1971Discontinued in 2001
PhencyclidineAngel dust, PCParylcyclohexylamine1979
Phenomorphanopioid1971
Phenoperidineopioid1971
Piminodineopioid1971
PiritramideDipidoloropioid1971
Poppy-strawPapaver somniferum1971"Poppy-straw and concentrate of poppy-straw."
Proheptazineopioid1971
Properidineopioid1971
PsilocinTryptamine1971Psychoactive ingredient found in most psychedelic mushrooms; includes the prodrug psilocybin.
Psilocybin mushroomMagic mushrooms, shroomsfungi2005"Fungus that contains psilocin or an ester of psilocin."
Racemethorphanopioid mixture1971Racemic mixture of Dextromethorphan and Levomethorphan
Racemoramideopioid mixture1971
Racemorphanopioid mixture1971
Remifentanilopioid2003Strong painkiller; cannot be used without plasma infusion equipment
RolicyclidinePCPyarylcyclohexylamine1984Very similar to phencyclidine
SufentanilSufentaopioid1983
TenocyclidineTCParylcyclohexylamine1984Very similar to phencyclidine, but considerably more potent
TapentadolNucyntaopioid2009Dual action as a norepinephrine reuptake inhibitor
ThebaconAcediconeopioid1971
Thebaineopioid1971
TilidateValtranopioid1983
Trimeperidineopioid1971
2,5-Dimethoxy-4-bromoamphetamineDOBphenethylamine1975a drug of the DOx family
4-Cyano-2-dimethylamino-4,4-diphenylbutaneopioid 1971Methadone intermediate
4-Cyano-1-methyl-4-phenyl-piperidineopioid 1971Intermediate chemical in generation of the opioid, Pethidine
N,N-DiethyltryptamineDET, T-9tryptamine1971
N,N-DimethyltryptamineDMT, Changatryptamine1971Intense psychedelic drug
2,5-Dimethoxy-4-methylamphetamineDOMphenethylamine1971a drug of the DOx family.
N-Hydroxy-tenamphetamineMDOHstimulant1990
1-Methyl-4-phenylpiperidine-4-carboxylic acidPethidinic acidprecursor1971
2-Methyl-3-morpholino-1,1-diphenylpropanecarboxylic acidopioid 1971Converted in the body into the opioid Moramide
4-Methyl-aminorexIcestimulant1990
4-Methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amineSerotoni, 4,4'-DMARstimulant2015
1-Cyclohexyl-4-(1,2-diphenylethyl)piperazineMT-45opioid2015
4-Phenylpiperidine-4-carboxylic acid ethyl esterNorpethidineopioid 1971Commonly used in the production of Pethidine, although it has little opioid activity in its own right

any compound structurally derived from tryptamine or from a ring-hydroxy tryptamine by modification.
a number of phenethylamine derivatives.
compounds structurally derived from phenethylamine an N-alkylphenethylamine, a methylphenethylamine, an N-alkyl-α-methylphenethylamine, an ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by certain modifications.
compounds structurally derived from fentanyl by certain modifications.
compounds structurally derived from pethidine by certain modifications.
any compound with a maximum molecular mass of 500 atomic mass units and structurally derived from 2-ethanamine.
any compound structurally derived from mescaline, 4-bromo-2,5-dimethoxy-α-methylphenethylamine, 2,5-dimethoxy-α,4-dimethylphenethylamine, N-hydroxytenamphetamine, or a compound specified in sub-paragraph or above, by substitution at the nitrogen atom of the amino group with a benzyl substituent, whether or not substituted in the phenyl ring of the benzyl group to any extent.
2. Any stereoisomeric of a class A substance, excluding dextromethorphan or dextrorphan.
3. Any ester or ether of a class A substance.
4. Any salt of a class A substance.
5. Any preparation or other product containing a class A substance
6. Any preparation of a class B substance designed for administration by injection.

Class B drugs

1. The following substances:
Name as specified
in the act
Brand or
street name
Drug type
Year
added
Notes and comments
Acetyldihydrocodeineopioid1971
AmphetamineAdderall, Speed, whizzstimulant1971
CodeinePurple drank, Lean, Wockopioid1971legal without prescription in quantities of up to 12.8 mg per dosage unit or 15 mg/5 ml in oral solution and only in combination with other drug. UK Codeine law
Cannabinol and derivativescannabinoid, psychoactive2009downgraded from class A to class C in 2004 and upgraded to class B in 2009
CannabisCannabis, Green, Hash, Marijuana, Pot, Puff, Gas, Bud, Skunk, Ganja, Weed cannabinoid, psychedelic2009All cannabis varieties, including those grown as hemp, are controlled under the act, not just drug varieties
Downgraded from class B to class C in 2004 and upgraded to class B in 2009
DihydrocodeineParacodine, Synalgos DCopioid1971legal in amounts up to 30 mg prescribed by doctor in tablet form and compounded with an adjunct non-opioid such as paracetamol.
EthylmorphineCodethylineopioid1971
GlutethimideDoridensedative1985
KetamineKetalar, Special K, Ket, Kenny, Kenneth, horse tranquillisersedative2006, moved to class B in 2014Used by Doctors on Air Ambulance duties to provide pain relief for serious or life-threatening injuries in extreme circumstances, when casualty sedation is required prior to a potential RSI.
Lefetaminestimulant1985
LisdexamfetamineElvanse in the UK, Vyvanse in the USstimulant2014
Mecloqualonesedative1984
a-Methylphenethylhydroxylamine2001
MethaqualoneLudes, Mandrake, Mandrax, Quaaludesedative1984
Methcathinonestimulant1998
Methoxetaminedissociative2013
4–MethylmethcathinoneMCAT, Mephedrone, Meow Meow, Bath Saltsstimulant2010
MethyloneM1stimulant2010
MethylphenidateRitalin, Concertastimulant1971
Methylphenobarbitonesedative1984
NaphyroneNRG-1stimulant2010
Nicocodeineopioid1971
Nicodicodineopioid1973
Norcodeineopioid1971
PentazocineTalwin, Fortalopioid1985
PhenmetrazinePreludinstimulant1971
Pholcodineopioid1971
Propiramopioid1973
Zipeprolopioid1998

Compounds structurally derived from 2–amino–1–phenyl–1–propanone by certain modifications.
Compounds structurally derived from 2–aminopropan–1–one by certain modifications.
any 5,5 disubstituted barbituric acid.
and
A number of categories of synthetic cannabinoids.
1-Phenylcyclohexylamine or compounds structurally derived from 1-phenylcyclohexylamine or 2-amino-2-phenylcyclohexanone by certain modifications.
Any compound structurally derived from 1-benzofuran, 2,3-dihydro-1-benzofuran, 1H-indole, indoline, 1H-indene, or indane by certain modifications.
2. Any stereoisomeric form of a class B substance.
3. Any salt of a class B substance.
4. Any preparation or other product containing a class B substance, exluding those designed for administration by injection which are class A.

Class C drugs

1. The following substances:
Name as specified
in the act
Brand or
street name
Drug typeYear
added
Notes and comments
AdinazolamDeracynbenzodiazepine2017
AlprazolamXanaxbenzodiazepine1985
Aminorexstimulant1998
BenzphetamineDidrexstimulant1971metabolised into amphetamine and methamphetamine
BromazepamLexotanbenzodiazepine1985
BrotizolamLendorminbenzodiazepine1998
BuprenorphineSubutex, Buprenexopioid1989used for opioid replacement therapy to treat addiction
Camazepambenzodiazepine1985
Cathinestimulant1986Khat, the plant in which Cathine originates, is now also illegal in the UK
Cathinonestimulant1986Khat, the plant in which Cathinone originates, is now also illegal in the UK
ChlordiazepoxideLibriumbenzodiazepine1985
ChlorphentermineApsedonstimulant1971
ClobazamFrisiumbenzodiazepine1985
Clorazepic acidTranxènebenzodiazepine1985
ClonazepamRivotril, Klonopinbenzodiazepine1985
ClotiazepamClozanbenzodiazepine1985
Cloxazolambenzodiazepine1985
Delorazepambenzodiazepine1985
DextropropoxypheneDarvon, Depronalopioid1983
DiazepamValiumbenzodiazepine1985
Diethylpropionstimulant1984
EstazolamProSombenzodiazepine1985
EthchlorvynolPlacidylsedative1985
Ethinamatesedative1985
Etilamfetaminestimulant1986
Ethyl loflazepatebenzodiazepine1985
Fencamfaminestimulant1971Removed from the schedule in 1973, added to the schedule again in 1986
Fenethyllinestimulant1986
Fenproporexstimulant1986
Fludiazepambenzodiazepine1985
FlunitrazepamRohypnolbenzodiazepine1985
FlurazepamDalmane, Staurodormbenzodiazepine1985
GabapentinNeurontinGabapentinoid2019
gamma-ButyrolactoneGBLsedative2009Metabolised to GHB in the body. Classified in December 2009
Halazepambenzodiazepine1985
Haloxazolambenzodiazepine1985
Ketazolambenzodiazepine1985
LoprazolamDormonoctbenzodiazepine1985
LorazepamAtivanbenzodiazepine1985
LormetazepamNoctamid, Lorametbenzodiazepine1985
Mazindolstimulant1985
Medazepambenzodiazepine1985
Mefenorexstimulant1986amphetamine derivative, metabolises to amphetamine
Mephenterminestimulant1971
MeprobamateMiltownsedative1985
Mesocarbstimulant1998used to counteract the effects of benzodiazepines
Methyprylonesedative1985
MidazolamVersedbenzodiazepine1990
Nitrous oxideWhippets, balloons, 'loons, NOSPsychedelic2023
Nimetazepambenzodiazepine1985
NitrazepamMogadonbenzodiazepine1985
NordazepamCalmdaybenzodiazepine1985
OxazepamSerestabenzodiazepine1985
Oxazolambenzodiazepine1985
Pemolinestimulant1989
PhendimetrazineBontrilstimulant1971
PhentermineFastin, Ionaminstimulant1985
Pinazepambenzodiazepine1985
Pipradrolstimulant1971
Propylhexedrinestimulant1971legalised in 1995
PrazepamLysanxiabenzodiazepine1985
PregabalinLyricagabapentinoid2019
Pyrovaleronestimulant1986
TemazepamRestoril, jelliesbenzodiazepine1985becomes class A when prepared for injection
Tetrazepambenzodiazepine1985
Tramadolopioid2014Also functions as a weak SNRI.
TriazolamHalcionbenzodiazepine1985
ZaleplonSonatanonbenzodiazepine2014
ZolpidemAmbiennonbenzodiazepine2003
ZopicloneImovanenonbenzodiazepine2014

Compounds structurally derived from 17-hydroxyandrostan-3-one or from 17-hydroxyestran-3-one by certain modifications, excluding Trilostane or a compounds listed above.
1–benzylpiperazine or compounds structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by certain modifications.
any substance which is an ester and/or ether of a substance specified in or above.
The act contains several references to "derivatives" of compounds but the extent of this term is not fully clarified. Where unspecified it is thought to indicate derivatives which can be made from the specified compound in a single synthetic step, although such a definition would indicate that alkyllysergamide analogues would be uncontrolled. Where the derivatives are specified to be "structural derivatives" there is precedent that the statute applies whenever the structure could be converted to the specified derivatives in any number of synthetic steps.

Penalties

The penalties for drug offences depend on the class of drug involved. These penalties are enforced against those who do not have a valid prescription or licence to possess the drug in question. Thus, it is not illegal for someone to possess heroin, a Class A drug, so long as it was administered to them legally.
Class A drugs attract the highest penalty, and imprisonment is both "proper and expedient". The maximum penalties possible are as follows:
OffenceCourtClass AClass B / Temporary classClass C
PossessionMagistrates6 months / £5000 fine3 months / £2500 fine3 months / £500 fine
PossessionCrown7 years / unlimited fine5 years / unlimited fine2 years / unlimited fine
Supply and possession
with intent to supply
Magistrates6 months / £5000 fine6 months / £5000 fine3 months / £2000 fine
Supply and possession
with intent to supply
CrownLife / unlimited fine14 years / unlimited fine14 years / unlimited fine

International cooperation

The act makes it a crime to assist in, incite, or induce, the commission of an offence, outside the UK, against another nation's corresponding law on drugs. A corresponding law is defined as another country's law "providing for the control and regulation in that country of the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs" or another drug control treaty to which the UK and the other country are parties. An example might be lending money to a United States drug dealer for the purpose of violating that country's Controlled Substances Act.

Schedules

The acts allow and regulate the use of some Controlled Drugs by various classes of persons acting in their professional capacity. The Royal Pharmaceutical Society maintains a live database of the legal classification of medicines. Special responsibilities are placed upon pharmaceutical wholesalers, pharmacies and doctors in the stocking, distribution, issuing of prescriptions, supply and disposal of items listed under the first three of the schedules. The regulations have been further tightened since Dr. Harold Shipman used diamorphine to murder hundreds of his patients during the late 20th century.

Schedule 1 - CD Lic

Drugs which are not used medically, and thus their possession and supply is prohibited; e.g. DMT and LSD except when licensed by the Home Office to carry out research.

Schedule 2 - CD

Substances subject to the full controlled drug requirements; e.g. Cannabis, diamorphine, pethidine, cocaine, methadone, methylphenidate, dextroamphetamine, fentanyl and oxycodone. Under the Act, a prescription for these drugs need to show full details including the form and strength of the preparation, with the total quantity written out in both words and figures. It is an offence for a doctor to issue an incomplete prescription or for a pharmacist to dispense a controlled drug unless all the required details are given.
It is the prescriber's responsibility to minimize the risk of dependence or misuse by ensuring that such drugs are not started for a particular patient without good cause, that the dose is not increased to the point where dependency is more likely, and to avoid being an unwitting source of supply for addicts. The quantities of controlled drugs prescribed should match the likely needs of the patients until the next clinical review and prescription forms should be secured against theft.
Requirements for safe custody in pharmacies apply to all Schedule 2 Controlled Drugs except quinalbarbitone.
The safe custody requirements ensure that pharmacists and doctors holding stock of controlled drugs must store them in securely fixed double-locked steel safety cabinets. In addition to traditional written registers, which must be bound, contain separate entries for each drug, and be written in ink with no use of correction fluid, electronic controlled drugs registers are now also permitted under the Misuse of Drugs Regulations 2001. These electronic systems must comply with specific regulatory standards to ensure the accurate recording and tracking of controlled substances, and there are . Disposal of expired stock must be witnessed by a designated inspector.
Until 2005 prescriptions for most schedule 2 and 3 drugs required certain details to be handwritten by the prescriber, unless he or she held a handwriting exemption certificate. The Shipman Inquiry however, found that this was one of the weaknesses in the audit system. Whereas computer generated prescriptions automatically left an audit trail which was easy to follow, handwritten prescriptions did not, even though all filed prescriptions are eventually sent to a central UK depositary. Therefore, good practice now calls for these prescriptions to be computer generated.

Schedule 3 - CD No Reg

Include drugs subject to the same prescription requirements as Schedule 2 drugs, but without the requirement to maintain registers. With the exception of phenobarbitone or related drugs for treatment of epilepsy, no Sch 3 drug can be given as an emergency supply.
Safe custody is currently only required for Tenuate Dospan, buprenorphine products, temazepam and flunitrazepam. Neither phenobarbitone nor midazolam require safe custody. Other Sch 3 drugs can be stored in the general dispensary.

Schedule 4

Controlled drug prescription requirements and safe custody requirements do not apply. Included drugs are Benzodiazepines, other than temazepam, flunitrazepam or midazolam, and androgenic and anabolic steroids. However CD Benz products- which also include mild stimulants such as mesocarb and fencamfamine, formerly prescribed as anorectics- are illegal to supply or possess without prescription and all Sch 4 drugs cannot be legally supplied without medical authority.
As of April 2014 "Sativex", the cannabis derived medicine prescribed for spasticity due to Multiple Sclerosis, is listed as a Schedule 4 Part 1 drug, whereas before that date it was a Schedule 1 drug requiring reporting and recording protocols.

Schedule 5 - CD Inv P & CD Inv POM

Includes items which, because of their strength, are exempt from all requirements other than the need to retain invoices for two years.

History

The Drugs (Prevention of Misuse) Act 1964 controlled amphetamines in the United Kingdom in advance of international agreements and was later used to control LSD.
Before 1971, the UK had a relatively liberal drugs policy and it was not until United Nations influence had been brought to bear that controlling incidental drug activities was employed to effectively criminalise drugs use. It is noted that bar the smoking of opium and cannabis; section 8, part d, under the Misuse of Drugs Act 1971 was not an offence. Section 8 of the Misuse of Drugs Act 1971 was amended by regulation 13 of Misuse of Drugs Regulations 1985 and section 38 of the Criminal Justice and Police Act 2001.
These amendments were, however, repealed in 2005 by Schedule 1 of the Drugs Act 2005.
The current section 8 covers:
people knowingly allowing premises they own, manage, or have responsibility for, to be used by any other person for:
  • administration or use of any controlled drug
  • supply of any controlled drug
  • the production or cultivation of controlled drugs,.

    Criticism and controversy

Notable criticism of the act includes:
The Transform Drug Policy Foundation offers rational criticism of the harms caused by the Government's current prohibitionist drug policy. The Drug Equality Alliance has launched legal actions against the UK Government's partial and unequal administration of the Act's discretionary powers, making particular reference to the arbitrary exclusion of alcohol and tobacco on the subjective grounds of historical and cultural precedents contrary to the Act's policy and objects.
Following the release of the Cambridge Two – Ruth Wyner and John Brock – who had been convicted under Section 8 of the Act in 1999, a campaign calling for an overhaul of the Act was backed by Michael Winner, Julie Christie, and Tom Stoppard in response to the original conviction.
Classification of cannabis has become especially controversial. In 2004, cannabis was reclassified from class B to class C, in accordance with advice from the ACMD. In 2009, it was returned to class B, against ACMD advice.
In February 2009 the UK government was accused by its most senior expert drugs adviser, Professor David Nutt, of making a political decision with regard to drug classification in rejecting the scientific advice to downgrade ecstasy from a class A drug. The ACMD report on ecstasy, based on a 12-month study of 4,000 academic papers, concluded that it is nowhere near as dangerous as other class A drugs such as heroin and crack cocaine, and should be downgraded to class B. The advice was not followed. Jacqui Smith, then Home Secretary, was also widely criticised by the scientific community for bullying Professor David Nutt into apologising for his comments that, in the course of a normal year, more people died from falling off horses than died from taking ecstasy. Professor Nutt was later sacked by Alan Johnson, with Johnson saying: "It is important that the government's messages on drugs are clear and as an adviser you do nothing to undermine public understanding of them. I cannot have public confusion between scientific advice and policy and have therefore lost confidence in your ability to advise me as Chair of the ACMD."
In May 2011, a report named Taking Drugs Seriously was released by Demos. It discusses several issues with the current system, since its enactment in 1971. It states that the constant presence of new drugs will make it difficult for the government to keep up with the latest situation – more than 600 drugs are now classified under the act. Comparison levels of harm previously demonstrated by David Nutt show that alcohol and tobacco were among the most lethal, while some class A drugs, such as MDMA, LSD, and magic mushrooms, were among the least harmful.

Use of controlled substances for research

A common misunderstanding amongst researchers is that most national laws allows the use of small amounts of a controlled substance for non-clinical / non-in vivo research without licences. A typical use case might be having a few milligrams or microlitres of a controlled substance within larger chemical collections for in vitro screening. Researchers often believe that there is some form of "research exemption" for such small amounts. This incorrect view may be further re-enforced by R&D chemical suppliers often stating and asking scientists to confirm that anything bought is for research use only.
A further misconception is that the Misuse of Drugs Act simply lists a few hundred substances and compliance can be achieved via checking a CAS number, chemical name or similar identifier. However, the reality is that in most cases all ethers, esters, salts and stereo isomers are also controlled and it is impossible to simply list all of these. The act contains several "generic statements" or "chemical space" laws, which aim to control all chemicals similar to the "named" substance, these provide detailed descriptions similar to Markushes, a good example of a few of these are found in the Misuse of Drugs Act 1971 order 2013.
Due to this complexity in legislation the identification of controlled chemicals in research is often carried out computationally, either by in house systems maintained a company's sample logistics department or by the use of commercial software solutions. Automated systems are often required as many research operations can often have chemical collections running into 10Ks of molecules at the 1–5 mg scale, which are likely to include controlled substances, especially within medicinal chemistry research, even if the core research of the company is not narcotic or psychotropic drugs. These may not have been controlled when created, but they have subsequently been declared controlled, or fall within chemical space close to known controlled substances.
There are no specific research exemptions in the Misuse of Drugs Act 1971. However, the associated Misuse of Drugs Regulations 2001 does exempt products containing less than 1 mg of a controlled substance so long as a number of requirements are met, including that it cannot be recovered by readily applicable means, does not pose a risk to human health and is not meant for administration to a human or animal.
Although this does at first seem to allow research use, in most circumstances the sample, by definition, is "recoverable" – in order to prepare it for use the sample is "recovered" into an assay buffer or solvent such as DMSO or water. In 2017 the Home Office also confirmed that the 1 mg limit applies to the total of all preparations across the entire container in the case of sample microtitre plates. Given this, most companies and researchers choose not to rely on this exemption.
However, according to Home Office licensing, "University research departments generally do not require licences to possess and supply drugs in schedules 2, 3, 4 part I, 4 part II and schedule 5, but they do require licences to produce any of those drugs and to produce, possess and/or supply drugs in schedule 1".