Statutory Instruments
2005 No. 1653
DANGEROUS DRUGS
The Misuse of Drugs (Amendment) (No. 2) Regulations 2005
Made
22nd June 2005
Laid before Parliament
23rd June 2005
Coming into force
18th July 2005
The Secretary of State, in exercise of the powers conferred upon him by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971( 1 ), having consulted the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations 2005 and shall come into force on 18th July 2005.
Amendment of the Misuse of Drugs Regulations 2001
2. —(1)The Misuse of Drugs Regulations 2001( 2 ) shall be amended as follows.
(2) After regulation 4 insert—
“ Exceptions for drugs in Schedule 1
4A. —(1) Section 5(1) of the Act (which prohibits the possession of controlled drugs) shall not have effect in relation to a fungus (of any kind) which contains psilocin or an ester of psilocin ( 3 ) where that fungus—
(a) is growing uncultivated;
(b) is picked by a person already in lawful possession of it for the purpose of delivering it as soon as is reasonably practicable into the custody of a person lawfully entitled to take custody of it and it remains in that person’s possession for and in accordance with that purpose;
(c) is picked for either of the purposes specified in paragraph (2) and is held for and in accordance with the purpose specified in paragraph (2)(b), either by the person who picked it or by another person; or
(d) is picked for the purpose specified in paragraph (2)(b) and is held for and in accordance with the purpose in paragraph (2)(a), either by the person who picked it or by another person.
(2) The purposes specified for the purposes of this paragraph are—
(a) the purpose of delivering the fungus as soon as is reasonably practicable into the custody of a person lawfully entitled to take custody of it; and
(b) the purpose of destroying the fungus as soon as is reasonably practicable. ” .
(3) In schedule 1, after “Etryptamine” insert “Fungus (of any kind) which contains psilocin or an ester of psilocin”.
Paul Goggins
Parliamentary Under Secretary of State
Home Office
22nd June 2005
1971 c. 38 . Section 22 of that Act was amended by section 177(1) of, and paragraph 12 of Schedule 4 to, the Customs and Excise Management Act 1979 (c. 2) .
S.I. 2001/3998 , to which there are amendments not relevant to these Regulations.
The Drugs Act 2005 (c. 17) in section 21 inserts into Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 a fungus (of any kind) which contains psilocin or an ester of psilocin and thereby classifies such a fungus a Class A drug.