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Misuse of Drugs (Jersey) Law 1978: Amendments: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 9 April 2019

Decision Reference:

Decision Summary Title :

Misuse of Drugs (Jersey) Law 1978 - Various amendments regarding the classification and control of substances

Date of Decision Summary:

1st April 2019

Decision Summary Author:

 

Chief Pharmacist

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Misuse of Drugs (Jersey) Law 1978 - Various amendments regarding the classification and control of substances

Date of Written Report:

1st April 2019

Written Report Author:

Chief Pharmacist

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Misuse of Drugs (Jersey) Law 1978 - Various amendments regarding the classification and control of substances

Decision(s):

The Minister endorsed the recommendations of the Misuse of Drugs Advisory Council and accordingly determined that amendments to the Misuse of Drugs (Jersey) Law 1978, as amended, should be prepared.

Reason(s) for Decision:

The Misuse of Drugs Advisory Council has recommended changes to the control of some substances under the provisions of the Misuse of Drugs (Jersey) Law 1978 and the removal of a requirement for prescribers to notify the Medical Officer of Health of persons they suspect are addicted to certain substances.

Resource Implications:

None

Action required:

The Law Draftsman to be requested to prepare the necessary amendment on the basis of a drafting brief to be provided by the Chief Pharmacist.

Signature:

 

 

Position:

 

Date Signed:

Date of Decision (If different from Date Signed):

 

Hide report
Misuse of Drugs (Jersey) Law 1978: Amendments: Law drafting instructions

STATES OF JERSEY

 

HEALTH AND COMMUNITY SERVICES DEPARTMENT

 

Misuse of Drugs (Jersey) Law 1978

 

Various amendments regarding the classification and control of substances

 

 

  1. Issue

 

The Minister is requested to consider bringing a range of substances under the control, or further control, of the Misuse of Drugs (Jersey) Law 1978.

 

 

  1. Introduction

 

The Misuse of Drugs Advisory Council (MDAC) is established in accordance with Article 2 of the Misuse of Drugs (Jersey) Law 1978 and has a duty to advise the Minister on measures, which in its opinion, should be taken to prevent the misuse of drugs and/or to deal with the social problems connected with drug abuse.

 

 

  1. Substances recommended for control under the Misuse of Drugs (Jersey) Law 1978

 

The MDAC has given consideration to proposals to bring a range of substances under the control, or further control, of the misuse of drugs legislation due to their potential to cause harm. The specific substances are as follows:

 

 

3.1.        Gabapentin and pregabalin

 

Gabapentin and pregabalin are drugs used to treat epilepsy but misuse of these drugs has been associated with avoidable deaths.

 

The UK Advisory Council on the Misuse of Drugs (ACMD) reported that while both gabapentin and pregabalin have medicinal uses as anticonvulsant drugs, with a well-defined role in managing a number of disabling, long-term conditions, the harms associated with these compounds are commensurate with those of other substances controlled under misuse of drugs legislation and the potential for abuse is similar to other Class C substances such as tramadol.

 

The ACMD identified a number of harms, noting that, when the drugs were used in combination with other depressants, that they could cause drowsiness, sedation, respiratory failure, and death. Pregabalin causes a ‘high’ or elevated mood in users; the side effects may include chest pain; wheezing, and vision changes. Some users have reported that the effects from gabapentin can be similar to taking a stimulant drug, such as an amphetamine. Both substances have been linked to drug related deaths.

 

 

The UK Government decided to control gabapentin and pregabalin as a Class C controlled substances

 

The MDAC has considered the UK Government’s decision and has concluded that gabapentin and pregabalin be controlled in Jersey. The MDAC therefore recommends that gabapentin and pregabalin be controlled as a Class C substances under the Misuse of Drugs (Jersey) Law 1978 and placed in Schedule 4 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

 

3.2.        3-Fluorophenmetrazine

 

3-Fluorophenmetrazine (also known as 3-FPM, 3-FPH and PAL-593) is a stimulant and fluorinated analogue of phenmetrazine that has been sold online as a designer drug. Phenmetrazine, a stimulant drug with actions similar to those of dexamfetamine, is controlled as a Class B substance under the provisions of the Misuse of Drugs (Jersey) Law 1978

 

The MDAC recommends that 3-fluorophenmetrazine should be controlled in the same way as phenmetrazine as a Class B substance and placed in Schedule 2 to the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

 

 

  1. CBD preparations containing small amounts of THC

 

Cannabis and cannabis resin are plant products containing a wide range of chemicals generally termed cannabinoids. The most significant of these in terms of psychoactive effect is Δ9–tetrahydrocannabinol (THC). Recently there has been increased popular interest in some of the other major cannabinoids, particularly cannabidiol (CBD). A number of health claims have been attributed to consumption of this compound which is generally accepted not to have any significant psychoactive effects.

 

As pure compounds THC is controlled as a Class A substance under the Misuse of Drugs (Jersey) Law 1978 whereas CBD is not controlled.

 

There are now numerous CBD products being marketed and sold as dietary supplements. These products are designed for the administration of CBD but almost always contain trace amounts of THC. It is virtually impossible to remove all trace amounts of THC which makes many of these products subject to control under misuse of drugs legislation unless they qualify as an exempt product as defined in the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

 

The MDAC has considered whether or not it would be appropriate to permit small quantities of THC to be present in CBD products. Such quantities would be so small so as not to constitute a risk to health.

 

The MDAC has concluded that it would be reasonable and proportionate to permit small amounts of THC and other cannabinoids to be present in CBD products sold as food supplements in accordance with the following definition:

 

Any preparation of cannabidiol which –

 

a)     has its ingredients clearly labelled,

b)     contains not more than 3% cannabinol and/or cannabinol derivatives relative to its cannabidiol content, by weight

 

c)     does not contain any other controlled drug,

 

d)     does not contain any plant material visible to the naked eye.", and

 

e)     has the matter in paragraph (b) attested by an official certificate of analysis, or by the States Analyst.

 

Any CBD preparation meeting the above requirements should be exempted from controls on importation, possession, supply, administration. However, exportation should still be unlawful except when in accordance with a licence issued under the provisions of misuse of drugs legislation.

 

 

  1. Notification of Addicts

 

The Misuse of Drugs (Addicts) (Jersey) Order 1980 currently imposes a requirement for prescribers to notify the Medical Officer of Health if they consider, or have reasonable grounds to consider, that a person they see is addicted to certain specified controlled drugs.

 

An equivalent requirement was removed in the UK several years ago and the MDAC recommend that this requirement is now removed from Jersey legislation.

 

 

  1. Recommendation

 

The Minister is requested to approve the recommendations of the Misuse of Drugs Advisory Council as described above and direct the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman

 

 

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