Source · Select Committees · Home Affairs Committee
Recommendation 6
6
Rejected
Paragraph: 29
Commission the ACMD to review drug classification and scheduling systems, with regular updates.
Recommendation
We recommend that the Home Office commission the ACMD to review whether the most commonly used controlled drugs in the UK are correctly classified under the 1971 Act and correctly scheduled under the 2001 Regulations based on the scientific evidence available. The Home Office must reform the classification system and the scheduling system based on the findings of that review. We recommend the ACMD conduct updated assessments every 10 years, or in circumstances where a review is required, to take into account the emerging scientific evidence on controlled drugs.
Government Response Summary
The government rejects the recommendation for a broad, commissioned review of drug classifications and scheduling, stating it has no plans for such a review and is largely satisfied with current controls, noting the ACMD can also self-commission reviews.
Paragraph Reference:
29
Government Response
Rejected
HM Government
Rejected
The Government does not accept this recommendation and has no plans to commission a broad review of the classification and scheduling of controlled drugs under the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001. Apart from psychedelics, which are addressed below, the Committee’s report does not identify specific drugs, of which it has particular concern about the classification, nor does it share the evidence for those concerns. The most commonly used drugs in England and Wales are cannabis, powder cocaine, nitrous oxide, ketamine and ecstasy.4 The Government is satisfied that the current legislative controls for these drugs are appropriate, with the exception of nitrous oxide which we have introduced legislation to control as a Class C drug under the Misuse of Drugs Act 1971 and schedule as a Schedule 5 drug under the Misuse of Drugs Regulations 2001, due to an increase in health- related and social harms associated with the substance. The Government keeps drugs controls under review, and frequently seeks and acts on advice from the ACMD on the appropriate classification and scheduling of substances. An example of recent reviews include: • In November 2018, a definition of ‘Cannabis-Based Products for Medicinal Use’ was created and added to Schedule 2 to the Misuse of Drugs Regulations 2001. This enabled products falling under this definition, in accordance with medicines legislation, to be rescheduled. • In June 2020, Epidyolex, a cannabis-based medicine, was rescheduled to Schedule 5 under the Misuse of Drugs Regulations 2001. • In April 2022, Gamma-Hydroxybutyric Acid, Gamma-Butyrolactone and 1,4-Butanediol were moved from Class C to Class B under the Misuse of Drugs Act 1971. • In February 2023, the Government accepted the ACMD’s advice to move two compounds (Etonitazene and Clonitazene) from Schedule 2 to Schedule 1 under the Misuse of Drugs Regulations 2001. The ACMD can also self-commission and choose to examine topic areas it believes to be of importance without a formal commission from government. In 2019 this included a workstream investigating young people’s drug use5 and currently includes a workstream investigating drug use in ethnic minority groups.6