Jersey R & O
6778
Misuse of Drugs
(Jersey) Law, 1978.
____________
MISUSE OF DRUGS
(GENERAL PROVISIONS) (JERSEY) ORDER, 1980.
____________
ARRANGEMENT OF ARTICLES
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Article
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PART I
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GENERAL
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1.
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Interpretation.
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PART II
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EXEMPTIONS FROM CERTAIN
PROVISIONS OF THE LAW
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2.
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Exemption
from First Schedule drugs and poppy-straw.
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3.
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Provisions
as to licences.
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4.
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General
authority to possess drugs.
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5.
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Administration
of First, Second and Third Schedule drugs.
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6.
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Production
and supply of First and Second Schedule drugs.
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7.
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Production
and supply of Third Schedule drugs.
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8.
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Possession
of Second and Third Schedule drugs.
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9.
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Exemption
for midwives in respect of pethidine.
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10.
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Cultivation
under licence of cannabis plant.
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PART III
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REQUIREMENTS AS TO DOCUMENTATION
AND RECORD KEEPING
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11.
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Documents
to be obtained by supplier of controlled drugs.
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12.
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Form
of prescriptions.
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13.
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Provision
as to supply on prescription.
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14.
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Marking
of bottles and other containers.
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15.
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Keeping
of registers.
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16.
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Requirements
as to registers.
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17.
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Record-keeping
requirements in particular cases.
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18.
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Preservation
of registers, books and other documents.
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19.
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Preservation
of records relating to First Schedule drugs.
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PART IV
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MISCELLANEOUS
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20.
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Destruction
of controlled drugs.
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21.
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Savings
and transitional provisions.
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PART V
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CITATION AND COMMENCEMENT
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22.
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Citation
and commencement.
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First
Schedule
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–
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Controlled drugs excepted from the prohibition on importation,
exportation and possession and subject to the requirements of Article 19.
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Second
Schedule
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–
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Controlled drugs subject to the requirements of Articles 11, 12,
13, 14, 15, 16, 17 and 20.
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Third
Schedule
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–
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Controlled drugs subject to the requirements of Articles 11, 12,
13 and 14.
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Fourth
Schedule
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–
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Controlled drugs subject to the requirements of Articles 11, 12,
13, 14, 15, 16 and 20.
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Fifth
Schedule
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–
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Form of Register.
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Misuse of Drugs
(Jersey) Law, 1978
____________
MISUSE OF DRUGS
(GENERAL PROVISIONS) (JERSEY) ORDER, 1980
____________
THE
PUBLIC HEALTH COMMITTEE,
in pursuance of Articles 4, 5, 6, 10, 11, 21 and 25 the Misuse of Drugs
(Jersey) Law, 1978, and after consultation with the
Advisory Council on the Misuse of Drugs, hereby orders as follows –
PART I
GENERAL
INTERPRETATION
1.-(1) In this Order, unless the context
otherwise requires –
“certified
midwife” means a person authorised to exercise the profession of midwife
in the Island under the ‘Loi (1922) sur la Santé Publique
(Sages-Femme)’;
“the
Committee” means the Public Health Committee;
“health
prescription” means a prescription issued under the Health Insurance
(Jersey) Law, 1967;
“the
Law” means the Misuse of Drugs (Jersey) Law, 1978;
“the
Medical Officer” means the Medical Officer of Health appointed under
Article 10 of the ‘Loi (1934) sur la Santé Publique’ or a duly qualified medical
practitioner acting under his direction for the purposes of this Order;
“the
Merchant Shipping Acts” means the Merchant Shipping Acts 1894 to 1971;
“nursing
officer” means the senior nurse responsible for a particular hospital or
nursing home and includes any male nurse occupying a similar position;
“prescription”
means a prescription issued by a doctor for the medical treatment of a single
individual, by a dentist for the dental treatment of a single individual or by
a veterinary surgeon or veterinary practitioner for the purposes of animal
treatment;
“register”
means a bound book and does not include any form of loose-leaf register or card
index;
“registered
premises” means premises registered under Part II of the Pharmacy,
Poisons and Medicines (Jersey) Law, 1952;
“retail
dealer” means a person lawfully conducting a retail pharmacy business;
“sister or
acting sister” in relation to a hospital or nursing home includes any
male nurse occupying a similar position;
“wholesale
dealer” means a person who carries on the business of selling drugs to
persons who buy to sell again.
(2) References in this
Order to a numbered Article or Schedule shall, unless the context otherwise
requires, be construed as references to the Article so numbered in, or the
appropriate Schedule to, this Order.
(3) References in this
Order to any other enactment shall be construed as references to that enactment
as amended or extended by or under any other enactment.
(4) This Order shall be
construed as one with the Law.
PART II
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE LAW
EXEMPTION FOR
FIRST SCHEDULE DRUGS AND POPPY-STRAW
2.-(1) Paragraph (1) of Article 4 and paragraph
(1) of Article 6 of the Law (which prohibit the importation, exportation and
possession of controlled drugs) shall not have effect in relation to the
controlled drugs specified in the First Schedule.
(2) Article 5 and paragraph
(1) of Article 6 of the Law (which prohibit the production, supply and
possession of controlled drugs) shall not apply to poppy-straw.
PROVISIONS AS TO
LICENCES
3. Where
any person is authorised by licence issued by the Committee under this Article
and for the time being in force to produce, supply, offer to supply or have in
his possession any controlled drug, it shall not by virtue of Article 5 or
paragraph (1) of Article 6 of the Law be unlawful for that person to produce,
supply, offer to supply or have in his possession that drug in accordance with
the terms of the licence and in compliance with any conditions attached
thereto.
GENERAL AUTHORITY
TO POSSESS DRUGS
4. Any
of the following persons may have any controlled drugs in his possession
–
(a) a person in the employ of the
Crown or any administration of the States or a police officer when acting in
the course of his duty as such;
(b) a person engaged in the
business of a carrier when acting in the course of that business;
(c) a person engaged in the work
of any laboratory to which the drug has been sent for forensic examination when
acting in the course of his duty as a person so engaged;
(d) a person engaged in conveying
the drug to a person authorised by this Order to have it in his possession.
ADMINISTRATION OF
FIRST, SECOND AND THIRD SCHEDULE DRUGS
5.-(1) Any person may administer to another any
drug specified in the First Schedule.
(2) A doctor or dentist may
administer to a patient any drug specified in the Second or Third Schedule.
(3) Any person, other than
a doctor or dentist, may administer to a patient in accordance with the
directions of a doctor or dentist, any drug specified in the Second or Third
Schedule.
PRODUCTION AND
SUPPLY OF FIRST AND SECOND SCHEDULE DRUGS
6.-(1) A practitioner or pharmacist, acting in
his capacity as such, may manufacture or compound any drug specified in the
First or Second Schedule.
(2) A person lawfully
conducting a retail pharmacy business and acting in his capacity as such may,
at the registered premises at which he carries on that business, manufacture or
compound any drug specified in the First or Second Schedule.
(3) Any of the following
persons –
(a) a practitioner;
(b) a pharmacist;
(c) a person lawfully conducting
a retail pharmacy business;
(d) the nursing officer or acting
nursing officer of a hospital or nursing home which is under the administration
of the States;
(e) in the case of such a drug
supplied to her by a person responsible for the dispensing and supply of
medicines at the hospital or nursing home, the sister or acting sister for the
time being in charge of a ward, theatre or other department in such a hospital
or nursing home as aforesaid;
(f) a person who is in
charge of a laboratory the recognized activities of which consist in, or
include, the conduct of scientific education or research and which is attached
to a hospital or to any other institution approved for the purpose by the
Committee;
(g) an official analyst within
the meaning of the Food and Drugs (Jersey) Law, 1966;
(h) an authorised officer, within
the meaning of the Food and Drugs (Jersey) Law, 1966;
(j) an inspector within the
meaning of Article 28 of the Pharmacy, Poisons and Medicines (Jersey) Law,
1952;
may, when acting
in his capacity as such, supply or offer to supply any drug specified in the
First or Second Schedule to any person who may lawfully have that drug in his
possession:
Provided that
nothing in this paragraph shall authorize –
(i) the nursing
officer or acting nursing officer of a hospital or nursing home, having a
pharmacist responsible for the dispensing and supply of medicines, to supply or
offer to supply any drug;
(ii) a sister or acting
sister for the time being in charge of a ward, theatre or other department to
supply any drug otherwise than for administration to a patient in that ward,
theatre or department in accordance with the directions of a doctor or dentist.
(4) The owner of a ship, or
the master of a ship which does not carry a doctor on board as part of her
complement, may supply or offer to supply any drug specified in the First or
Second Schedule to –
(a) any member of the crew;
(b) any person who may lawfully
supply that drug; or
(c) any person authorised to be
in possession of the drug for the purpose of destruction.
PRODUCTION AND
SUPPLY OF THIRD SCHEDULE DRUGS
7.-(1) A practitioner or pharmacist, acting in
his capacity as such, may manufacture or compound any drug specified in the
Third Schedule.
(2) A person lawfully
conducting a retail pharmacy business and acting in his capacity as such may,
at the registered premises at which he carries on that business, manufacture or
compound any drug specified in the Third Schedule.
(3) Any of the following
persons, that is to say –
(a) a practitioner;
(b) a pharmacist;
(c) a person lawfully conducting
a retail pharmacy business;
(d) the nursing officer or acting
nursing officer of a hospital or nursing home;
(e) in the case of such a drug
supplied to her by a person responsible for the dispensing and supply of
medicines at the hospital or nursing home, the sister or acting sister for the
time being in charge of a ward, theatre or other department in a hospital or
nursing home;
(f) a person in charge of a
laboratory the recognized activities of which consist in, or include, the
conduct of scientific education or research;
(g) an official analyst within
the meaning of the Food and Drugs (Jersey) Law, 1966;
(h) an
authorised officer within the meaning of the Food and Drugs (Jersey) Law, 1966;
(j) an
inspector within the meaning of Article 28 of the Pharmacy, Poisons and
Medicines (Jersey) Law, 1952;
may, when acting
in his capacity as such, supply or offer to supply any drug specified in the
Third Schedule to any person who may lawfully have that drug in his possession:
Provided that
nothing in this paragraph shall authorize –
(i) the nursing
officer or acting nursing officer of a hospital or nursing home, having a
pharmacist responsible for the dispensing and supply of medicines, to supply or
offer to supply any drug;
(ii) a sister or acting
sister for the time being in charge of a ward, theatre or other department to
supply any drug otherwise than for administration to a patient in that ward,
theatre or department in accordance with the directions of a doctor or dentist.
(4) The owner of a ship, or
the master of a ship which does not carry a doctor on board as part of her
complement, may supply or offer to supply any drug specified in the Third
Schedule to any member of the crew or to any person who may lawfully supply
that drug.
POSSESSION OF
SECOND AND THIRD SCHEDULE DRUGS
8.-(1) Any person specified in paragraph (3) of
Article 6 may have in his possession any drug specified in the Second Schedule
for the purpose of acting in his capacity as a person so specified.
(2) Any person specified in
paragraph (3) of Article 7 may have in his possession any drug specified in the
Third Schedule for the purpose of acting in his capacity as a person so
specified.
(3) A person may have in
his possession any drug specified in the Second or Third Schedule for
administration for medical, dental or veterinary purposes in accordance with the
directions of a practitioner:
Provided that
this paragraph shall not have effect in the case of a person to whom the drug
has been supplied by or on the prescription of a doctor if –
(a) that person was then being
supplied with any controlled drug by or on the prescription of another doctor
and failed to disclose that fact to the first mentioned doctor before the
supply by him or on his prescription; or
(b) that person or any other
person on his behalf made a declaration or statement, which was false in any
particular, for the purpose of obtaining the supply or prescription.
(4) The owner of a ship, or
the master of a ship which does not carry a doctor on board as part of her
complement, may have in his possession any drug specified in the Second or Third
Schedule so far as is necessary for the purpose of compliance with the Merchant
Shipping Acts.
(5) The master of a foreign
ship which is in a port in the Island may have in his possession any drug
specified in the Second or Third Schedule so far as is necessary for the
equipment of the ship.
EXEMPTION FOR
MIDWIVES IN RESPECT OF PETHIDINE
9.-(1) Subject to the provisions of this
Article a certified midwife may –
(a) so far as is necessary for
the practice of her profession or employment as a midwife, have pethidine in
her possession;
(b) so far as necessary as
aforesaid, administer pethidine.
(2) Nothing in paragraph
(1) of this Article shall authorise a midwife to have in her possession
pethidine which has been obtained otherwise than on a midwife’s supply
order signed by the Medical Officer.
(3) Where, by virtue of
this Article, a midwife has pethidine in her possession which is no longer
required by her, she shall forthwith deliver it into the custody of the Medical
Officer.
(4) In this Article
“midwife’s supply order” means an order in writing specifying
the name and occupation of the midwife obtaining the pethidine, the purpose for
which it is required and the total quantity to be obtained.
CULTIVATION UNDER
LICENCE OF CANNABIS PLANT
10. Where
any person is authorised by a licence of the Committee issued under this
Article and for the time being in force to cultivate plants of the genus
Cannabis, it shall not be unlawful for that person to cultivate any such plant
in accordance with the terms of the licence and in compliance with any
conditions attached thereto.
PART III
REQUIREMENTS AS TO DOCUMENTATION AND RECORD KEEPING
DOCUMENTS TO BE
OBTAINED BY SUPPLIER OF CONTROLLED DRUGS
11.-(1) Where a person (hereafter in this
paragraph referred to as “the supplier”), not being a practitioner,
supplies a controlled drug otherwise than on a prescription, the supplier shall
not deliver the drug to a person who –
(a) purports to be sent by or on
behalf of the person to – whom it is supplied (hereafter in this paragraph
referred to as “the recipient”); and
(b) is not authorised by any
provision of this Order other than the provisions of sub-paragraph (d) of Article 4 to have that drug in
his possession,
unless that
person produces to the supplier a statement in writing signed by the recipient
to the effect that he is empowered by the recipient to receive that drug on
behalf of the recipient, and the supplier is reasonably satisfied that the
document is a genuine document.
(2) Where a person
(hereafter in this paragraph referred to as “the supplier”)
supplies a controlled drug, otherwise than on a prescription or by way of
administration, to any of the persons specified in paragraph (3) of this
Article, the supplier shall not deliver the drug–
(a) until he has obtained a
requisition in writing which –
(i) is signed by the
person to whom the drug is supplied (hereafter in this paragraph referred to as
“the recipient”);
(ii) states the name,
address and profession or occupation of the recipient;
(iii) specifies the purpose for
which the drug supplied is required and the total quantity to be supplied; and
(iv) where appropriate, satisfies
the requirements of paragraph (4) of this Article;
(b) unless he is reasonably
satisfied that the signature is that of the person purporting to have signed
the requisition and that that person is engaged in the profession or occupation
specified in the requisition.
(3) The persons referred to
in paragraph (2) of this Article are–
(a) a practitioner;
(b) the nursing officer or acting
nursing officer of a hospital or nursing home;
(c) a person who is in charge of
a laboratory the recognized activities of which consists in, or include, the
conduct of scientific education or research;
(d) the owner of a ship, or the
master of a ship which does not carry a doctor on board as part of her
complement;
(e) the master of a foreign ship
in a port in the Island.
(4) A requisition furnished
for the purposes of paragraph (2) of this Article shall –
(a) where furnished by the
nursing officer or acting nursing officer of a hospital or nursing home, be
signed by a doctor or dentist employed or engaged in that hospital or nursing
home;
(b) where furnished by the master
of a foreign ship, contain a statement, signed by the medical officer, that the
quantity of the drug to be supplied is the quantity necessary for the equipment
of the ship.
(5) Where the person
responsible for the dispensing and supply of medicines at any hospital or
nursing home supplies a controlled drug to the sister or acting sister for the
time being in charge of any ward, theatre or other department in that hospital
or nursing home (hereafter in this paragraph referred to as “the
recipient”) he shall –
(a) obtain a requisition in
writing, signed by the recipient, which specifies the total quantity of the
drug to be supplied; and
(b) mark the requisition in such
manner as to show that it has been complied with,
and any
requisition obtained for the purposes of this paragraph shall be retained in
the dispensary at which the drug was supplied and a copy of the requisition or
a note of it shall be retained or kept by the recipient.
(6) Nothing in this Article
shall have effect in relation to drugs specified in the First Schedule or to
poppy- straw.
FORM OF
PRESCRIPTIONS
12.-(1) Subject to the provisions of this
Article, a person shall not issue a prescription containing a controlled drug
other than a drug specified in the First Schedule unless the prescription
complies with the following requirements, that is to say, it shall –
(a) be in ink or otherwise so as
to be indelible and be signed by the person issuing it with his usual signature
and dated by him;
(b) insofar as it specifies the
information required by sub-paragraphs (e)
and (f) of this paragraph to be
specified, be written by the person issuing it in his own handwriting;
(c) except in the case of a
health prescription, specify the address of the person issuing it;
(d) have written thereon, if
issued by a dentist, the words “for dental treatment only” and, if
issued by a veterinary surgeon or a veterinary practitioner, the words
“for animal treatment only”;
(e) specify the name and address
of the person for whose treatment it is issued or, if it is issued by a
veterinary surgeon or veterinary practitioner, of the person to whom the controlled
drug prescribed is to be delivered;
(f) specify the dose to be
taken and –
(i) in the case of a
prescription containing a controlled drug which is a preparation, the form and,
where appropriate, the strength of the preparation, and either the total quantity
(in both words and figures) of the preparation or the number (in both words and
figures) of dosage units, as appropriate, to be supplied;
(ii) in any other case, the
total quantity (in both words and figures) of the controlled drug to be
supplied;
(g) in the case of a prescription
for a total quantity intended to be dispensed by instalments, contain a
direction specifying the amount of the instalments of the total amount which
may be dispensed and the intervals to be observed when dispensing.
(2) For the purposes of
this Article the dosage, strength and quantity of a drug shall be specified in
the metric system.
PROVISIONS AS TO
SUPPLY ON PRESCRIPTION
13.-(1) A person shall not supply a controlled
drug other than a drug specified in the First Schedule on a prescription
–
(a) unless the prescription
complies with the provisions of Article 12;
(b) unless the address specified
in the prescription as the address of the person issuing it is an address
within the Bailiwick;
(c) unless
he either is acquainted with the signature of the person by whom it purports to
be issued and has no reason to suppose that it is not genuine, or has taken
reasonably sufficient steps to satisfy himself that it is genuine;
(d) before the date specified in
the prescription;
(e) subject to the provisions of
paragraph (3) of this Article, later than four weeks after the date specified
in the prescription.
(2) Subject to the
provisions of paragraph (3) of this Article, a person dispensing a prescription
containing a controlled drug other than a drug specified in the First Schedule
shall, at the time of dispensing it, mark thereon the date on which it is
dispensed and, unless it is a health prescription, shall retain it on the
premises on which it was dispensed.
(3) In the case of a
prescription containing a controlled drug other than a drug specified in the
First Schedule, which contains a direction that specified instalments of the
total amount may be dispensed at stated intervals, the person dispensing it
shall not supply the drug otherwise than in accordance with that direction and
–
(a) paragraph (1) of this Article
shall have effect as if for the requirement contained in sub-paragraph (e) thereof there were substituted a
requirement that the occasion on which the first instalment is dispensed shall
not be later than four weeks after the date specified in the prescription;
(b) paragraph (2) of this Article
shall have effect as if for the words “at the time of dispensing
it” there were substituted the words “on each occasion on which an
instalment is dispensed”.
MARKING OF
BOTTLES AND OTHER CONTAINERS
14.-(1) Subject to the provisions of paragraph
(2) of this Article, no person shall supply a controlled drug otherwise than in
a bottle, package or other container which is plainly marked –
(a) in the case of a controlled
drug other than a preparation, with the amount of the drug contained therein;
(b) in the case of a controlled
drug which is a preparation –
(i) made up into
tablets, capsules or other dosage units, with the amount of each component
(being a controlled drug) of the preparation in each dosage unit and the number
of dosage units in the bottle, package or other container;
(ii) not made up as
aforesaid, with the total amount of the preparation in the bottle, package or
other container and the percentage of each of its components which is a
controlled drug.
(2) Nothing in this Article
shall have effect in relation to the drugs specified in the First Schedule or
to poppy-straw or in relation to the supply of a controlled drug by or on the
prescription of a practitioner.
KEEPING OF
REGISTERS
15.-(1) Subject to the provisions of paragraph
(3) of this Article and of Article 17, every person authorised by or under
Article 3 or 6 to supply any drug specified in the Second or Fourth Schedule
shall comply with the following requirements, that is to say –
(a) he shall, in accordance with
the provisions of this Article and of Article 16, keep a register and shall
enter therein in chronological sequence in the form specified in Part I or Part
II of the Fifth Schedule, as the case may require, or in such other form as may
be approved in writing by the Committee, particulars of every quantity of a
drug specified in the Second or Fourth Schedule obtained by him and of every
quantity of such a drug supplied (whether by way of administration or
otherwise) by him whether to persons within or outside the Bailiwick;
(b) he shall use a separate
register or separate part of the register for entries made in respect of each
class of drug, and each of the drugs specified in paragraphs 1, 3 and 5 of the
Second Schedule and paragraphs 1 and 3 of the Fourth Schedule together with its
salts, and any preparation or other product containing it or any of its salts
shall be treated as a separate class, so however that any stereoisomeric form
of a drug or its salts shall be classed with that drug.
(2) The foregoing
provisions of this Article shall not have effect in relation to –
(a) a person licensed under
Article 3 to supply any drug, where the licence so directs; or
(b) the sister or acting sister
for the time being in charge of a ward, theatre or other department in a
hospital or nursing home.
REQUIREMENTS AS
TO REGISTERS
16. Any
person required to keep a register under Article 15 shall comply with the following
requirements, that is to say –
(a) the class of drugs to which
the entries on any page of any such register relate shall be specified at the
head of that page;
(b) every entry required to be
made under Article 15 in such a register shall be made on the day on which the
drug is obtained or, as the case may be, on which the transaction in respect of
the supply of the drug by the person required to make the entry takes place or,
if that is not reasonably practicable, on the day next following that day;
(c) no cancellation, obliteration
or alteration of any such entry shall be made, and a correction of such an
entry shall be made only by way of marginal note or footnote which shall
specify the date on which the correction is made;
(d) every such entry and every
correction of such an entry shall be made in ink or otherwise so as to be
indelible;
(e) such a register shall not be
used for any purpose other than the purposes of this Order;
(f) the person so required
to keep such a register shall on demand made by the Committee or by any person
authorised in writing by the Committee in that behalf –
(i) furnish such
particulars as may be requested in respect of the obtaining or supplying by him
of any drug specified in the Second or Fourth Schedule, or in respect of any
stock of such drugs in his possession;
(ii) for the purpose of
confirming any such particulars, produce any stock of such drugs in his
possession;
(iii) produce the said register and
such other books or documents in his possession relating to any dealings in
drugs specified in the Second or Fourth Schedule as may be requested;
(g) a separate register shall be
kept in respect of each premises at which the person required to keep the
register carries on his business or occupation, but subject to that not more
than one register shall be kept at one time in respect of each class of drug in
respect of which he is required to keep a separate register, so, however, that
& separate register may, with the approval of the Committee in writing, be
kept in respect of each department of the business carried on by him;
(h) every such register in which
entries are currently being made shall be kept at the premises to which it
relates.
RECORD-KEEPING
REQUIREMENTS IN PARTICULAR CASES
17.-(1) Where a drug specified in the Second
Schedule is supplied in accordance with sub-paragraph (a) of paragraph (4) of Article 6 to a member of the crew of a
ship, an entry in the official log book required to be kept under the Merchant
Shipping Acts or, in the case of a ship which is not required to carry such an
official log book, a report signed by the master of the ship, shall,
notwithstanding anything in this Order be a sufficient record of the supply if
the entry or report specifies the drug supplied and, in the case of a report,
it is delivered as soon as may be to the Medical Officer.
(2) A midwife authorised by
Article 9 to have pethidine in her possession shall –
(a) on each occasion on which she
obtains a supply of pethidine, enter in a book kept by her and used solely for the
purposes of this paragraph the date, name and address of the person from whom
the drug was obtained, the amount obtained and the form in which it was
obtained; and
(b) on administering pethidine to
a patient, enter in the said book as soon as practicable the name and address
of the patient, the amount administered and the form in which it was
administered.
PRESERVATION OF
REGISTERS, BOOKS AND OTHER DOCUMENTS
18.-(1) All registers and books required to be
kept in pursuance of Article 15 or paragraph (2) of Article 17 shall be
preserved for a period of five years from the date on which the last entry
therein is made.
(2) Every requisition,
order or prescription (other than a health prescription) on which a controlled
drug is supplied in pursuance of this Order shall be preserved for a period of
two years from the date on which the last delivery under it was made.
PRESERVATION OF
RECORDS RELATING TO FIRST SCHEDULE DRUGS
19.-(1) A producer of any drug specified in the
First Schedule and a wholesale dealer in any such drug shall keep every invoice
or other like record issued in respect of each quantity of such a drug obtained
by him and in respect of each quantity of such a drug supplied by him.
(2) A retail dealer in any
drug specified in the First Schedule shall keep every invoice or other like
record issued in respect of each quantity of such a drug obtained by him.
(3) Every document kept in
pursuance of this Article shall be preserved for a period of two years from the
date on which it was issued:
Provided that the
keeping of a copy of the document made at any time during the said period of
two years shall be treated for the purposes of this paragraph as if it were the
keeping of the original document.
PART IV
MISCELLANEOUS
DESTRUCTION OF
CONTROLLED DRUGS
20.-(1) No person who is required by any
provision of, or by any term or condition of a licence having effect under this
Order to keep records with respect to a drug specified in the Second or Fourth
Schedule shall destroy such a drug or cause such a drug to be destroyed except
in the presence of and in accordance with any directions given by a person
authorised (whether personally or as a member of a class) for the purposes of
this paragraph by the Committee (hereafter in this Article referred to as an
“authorised person”).
(2) An authorised person
may, for the purpose of analysis, take a sample of any drug specified in the
Second or Fourth Schedule which is to be destroyed.
(3) Where a drug specified
in the Second or Fourth Schedule is destroyed in pursuance of paragraph (1) of
this Article by or at the instance of a person who is required by any provision
of, or by any term or condition of a licence having effect under this Order to
keep a record in respect of the obtaining or supply of that drug, that record
shall include particulars of the date of destruction and the quantity destroyed
and shall be signed by the authorised person in whose presence the drug is
destroyed.
(4) Where the master or
owner of a ship has in his possession a drug specified in the Second Schedule
which he no longer requires, he shall not destroy the drug or cause it to be
destroyed but shall dispose of it to a police officer or to a person who may
lawfully supply it.
SAVINGS AND
TRANSITIONAL PROVISIONS
21.-(1) Any licence for the purposes of
paragraph (1) of Article 8 of the Dangerous Drugs (Amendment) (Jersey) Law,
1965 (which makes it an offence to
cultivate any cannabis plant except under licence) and in force immediately
before the repeal of that Law shall continue in force for the same period of
time as if that Law had not been repealed and shall have effect as if it had
been issued for the purposes of Article 10.
(2) Any licence issued for
the purposes of any provision of the Dangerous Drugs (General Provisions)
(Jersey) Order, 1966 (hereafter referred to as
“the Order of 1966”) and in force immediately before the repeal of
the said Law of 1965 shall, insofar as it authorises any person to do anything
which could be authorised by a licence issued under Article 3, continue in
force for the same period of time as if that Law had not been repealed and
shall have effect as if it had been issued for the purposes of Article 3 of
this Order.
(3) Any register, record
book, prescription or other document required to be preserved under the Order
of 1966 shall, notwithstanding the repeal of the said Law of 1965, be preserved
for the same period of time as if that Law had not been repealed.
(4) In the case of a
prescription issued before the coming into operation of this Order, paragraph
(1) of Article 13 of this Order shall have effect as if –
(a) in the case of a prescription
containing a controlled drug specified in the Schedule to the Drugs (Prevention
of Misuse) (Jersey) Law, 1964, immediately before the repeal of
that Law, sub-paragraphs (a) and (b) of that paragraph were omitted; and
(b) in any other case, for the
said sub-paragraphs (a) and (b) there were substituted the words
“unless the prescription complies with the provisions of the Dangerous
Drugs (General Provisions) (Jersey) Order, 1966 relating to
prescriptions”.
PART V
CITATION
AND COMMENCEMENT
CITATION AND
COMMENCEMENT
22.-(1) This Order may be cited as the Misuse of
Drugs (General Provisions) (Jersey) Order, 1980.
(2) This Order shall come
into force on the first day of May, 1980.
By Order of the
Public Health Committee,
E.J.M. POTTER,
Greffier of the
States
17th March, 1980.
SCHEDULES
FIRST SCHEDULE
(Articles 2, 5,
6, 11, 12, 13, 14 and 19)
CONTROLLED DRUGS
EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND POSSESSION AND
SUBJECT TO THE REQUIREMENTS OF ARTICLE 19
1.-(1) Any preparation of one or more of the
substances to which this paragraph applies, not being a preparation designed
for administration by injection, when compounded with one or more other active
or inert ingredients and containing a total of not more than 100 milligrammes
of the substance or substances (calculated as base) per dosage unit and with a
total concentration of not more than 2.5 per cent. (calculated as base) in
undivided preparations.
(2) The substances to which
this paragraph applies are acetyldihydrocodeine, codeine, dihydrocodeine, ethyl-morphine,
nicocodine, nicodicodine (6-nicotinoyl-dihydrocodeine), norcodeine, pholcodine
and their respective salts.
2. Any
preparation of cocaine containing not more than 0.1 per cent. of cocaine
calculated as cocaine base, being a preparation compounded with one or more
other active or inert ingredients in such a way that the cocaine cannot be
recovered by readily applicable means or in a yield which would constitute a
risk to health.
3. Any
preparation of medicinal opium or of morphine containing (in either case) not
more than 0.2 per cent. of morphine calculated as anhydrous morphine base,
being a preparation compounded with one or more other active or inert
ingredients in such a way that the opium or, as the case may be, the morphine,
cannot be recovered by readily applicable means or in a yield which would
constitute a risk to health.
4. Any
preparation of diphenoxylate containing, per dosage unit, not more than 2.5
milligrammes of diphenoxylate calculated as base, and a quantity of atropine
sulphate equivalent to at least 1 per cent. of the dose of diphenoxylate.
5. Any
powder of ipecacuanha and opium comprising–
|
10 per cent. opium, in powder,
|
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10 per
cent. ipecacuanha root, in powder,
|
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well mixed with
|
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80 per cent. of any other powdered ingredient containing no
controlled drug.
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6. The
following substances, namely –
|
Methohexitone sodium
|
|
Phenobarbitone
|
|
Phenobarbitone
sodium
|
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Thiopentone sodium
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and any
preparation containing any of the above substances.
7. Any
mixture containing one or more of the preparations specified in paragraphs 1 to
6, being a mixture of which none of the other ingredients is a controlled drug.
8. Any
preparation of a substance to which paragraph 9 applies, not being a
preparation designed for administration by injection, when compounded with one
or more active ingredients and containing not more than 10 milligrammes of
substance per unit dosage, or, in the case of a preparation for rectal
administration, not more than 100 milligrammes of substance per unit dosage.
9. The
substances to which paragraph 8 applies are–
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Amylobarbitone
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Butalbital
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Secbutobarbitone.
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SECOND SCHEDULE
(Articles 5, 6,
8, 15, 17 and 20)
CONTROLLED DRUGS
SUBJECT TO THE REQUIREMENTS OF ARTICLES 11, 12, 13, 14, 15, 16, 17 AND 20
1. The
following substances and products, namely –
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Acetorphine.
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Hydrocodone.
|
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Allylprodine.
|
Hydromorphinol.
|
|
Alphacetylmethadol.
|
Hydromorphone.
|
|
Alphameprodine.
|
Hydroxypethidine.
|
|
Alphamethadol.
|
Isomethadone.
|
|
Alphaprodine.
|
Ketobemidone.
|
|
Anileridine.
|
Levomethorphan.
|
|
Benzethidine.
|
Levomoramide.
|
|
Benzylmorphine
(3-benzyl-morphine).
|
Levophenacylmorphan.
|
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Levorphanol.
|
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Betacetylmethadol.
|
Medicinal opium.
|
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Betameprodine.
|
Metazocine.
|
|
Betamethadol.
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Methadone.
|
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Betaprodine.
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Methadyl acetate.
|
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Bezitramide.
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Methyldesorphine.
|
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Clonitazene.
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Methyldihydromorphine
(6-methyldihyromorphine).
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Cocaine.
|
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Desomorphine.
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Metopon.
|
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Dextromoramide.
|
Morpheridine.
|
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Diamorphine.
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Morphine.
|
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Diampromide.
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Morphine methobromide, morphine N-oxide and other pentavelent nitrogen
morphine derivatives.
|
|
Diethylthiambutene.
|
|
Dihydrocodeinone O-carboxymethyloxime.
|
|
Dihydromorphine.
|
Myrophine.
|
|
Dimenoxadole.
|
Nicomorphine.
|
|
Dimepheptanol.
|
Noracymethadol.
|
|
Dimethylthiambutene.
|
Norlevorphanol.
|
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Dioxaphetyl
butyrate.
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Normethadone.
|
|
Diphenoxylate.
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Normorphine.
|
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Dipipanone.
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Norpipanone.
|
|
Drotebanol (3,
4-dimethoxy-17-methylmorphinan-6b, 14-diol).
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Oxycodone.
|
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Oxymorphone.
|
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Ecgonine, and any derivative of
ecgonine which is convertible to ecgonine or to cocaine.
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Pethidine.
|
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Phenadoxone.
|
|
Ethylmethylthiambutene.
|
Phenampromide.
|
|
Etonitazene.
|
Phenazocine.
|
|
Etorphine.
|
Phencyclidine.
|
|
Etoxeridine.
|
Phenomorphan.
|
|
Fentanyl.
|
Phenoperidine.
|
|
Furethidine.
|
Piminodine.
|
|
Proheptazine.
|
4-Cyano-1-methyl-4-phenyl-piperidine.
|
|
Properidine.
|
|
Racemethorphan.
|
1-Methyl-4-phenyl-piperidine-4-carboxylic
acid.
|
|
Racemoramide.
|
|
Racemorphan.
|
|
|
Thebacon.
|
2-Methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid.
|
|
Thebaine.
|
|
Trimeperidine.
|
|
4-Cyano-2-dimethylamino-4,
4-diphenylbutane.
|
4-Phenylpiperidine-4-carboxylic
acid ethyl ester.
|
2. Any
stereoisomeric form of a substance specified in paragraph 1 not being
dextromethorphan or dextrorphan.
3. Any
ester or ether of a substance specified in paragraph 1 or 2, not being a
substance specified in paragraph 5.
4. Any
salt of a substance specified in any of paragraphs 1 to 3.
5. The
following substances and products, namely–
|
Acetyldihyrocodeine.
|
|
Amphetamine.
|
|
Codeine.
|
|
Dexamphetamine.
|
|
Dihydrocodeine.
|
|
Ethylmorphine
(3-ethylmorphine).
|
|
Methaqualone.
|
|
Methylamphetamine.
|
|
Methylphenidate.
|
|
Nicocodine.
|
|
|
|
Norcodeine.
|
|
Phenmetrazine.
|
|
|
|
Propiram.
|
6. Any
stereoisomeric form of a substance specified in paragraph 5.
7. Any
salt of a substance specified in paragraph 5 or 6.
8. Any
preparation or other product containing a substance or product specified in any
of paragraphs 1 to 7, not being a preparation specified in the First Schedule.
THIRD SCHEDULE
(Articles 5, 7
and 8)
CONTROLLED DRUGS
SUBJECT TO THE REQUIREMENTS OF ARTICLES 11, 12, 13 AND 14
1. The
following substances, namely–
|
Benzphetamine.
|
|
Chlorphentermine.
|
|
Mephentermine.
|
|
Phendimetrazine.
|
|
Pipradrol.
|
2. Any
5,5 disubstituted barbituric acid.
3. Any
stereoisomeric form of a substance specified in paragraph 1.
4. Any
salt of a substance specified in paragraphs 1, 2 or 3.
5. Any
preparation or other product containing a substance specified in any of
paragraphs 1 to 4, not being a preparation specified in the First Schedule.
FOURTH SCHEDULE
(Articles 15 and
20)
CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF ARTICLES 11, 12, 13, 14, 15, 16
AND 20
1. The
following substances and products, namely–
(a) Bufotenine
Cannabinol
Cannabinol derivatives
Cannabis and cannabis resin
Coca leaf
Concentrate of poppy-straw
Lysergamide
Lysergide and other N-alkyl derivatives of lysergamide
Mescaline
Psilocin
Raw opium
4-Bromo-2,5-dimethoxy-a-methylphenethylamine
N, N-Diethyltryptamine
N, N-Dimethyltryptamine
2,5-Dimethoxy-a, 4-dimethylphenethylamine
(b) any compound (not being a
compound for the time being specified in sub-paragraph (a) above) structurally derived from tryptamine or from a
ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain
with one or more alkyl substituents but no other substituent;
(c) any compound (not being
methoxyphenamine or a compound for the time being specified in sub-paragraph (a) above) structurally derived from
phenethylamine, an N-alkylphenethylamine,
a-methylphenethylamine, an Nalkyl-a-methyl-phenethylamine, a-ethylphenethylamine, or an N-alkyl-a-ethylphenethylamine by
substitution in the ring to any extent with alky, alkoxy, alkylenedioxy or
halide substituents, whether or not further substituted in the ring by one or
more other univalent substituents.
2. Any
stereoisomeric form of a substance specified in paragraph 1.
3. Any
ester or ether of a substance specified in paragraph 1 or 2.
4. Any
salt of a substance specified in any of paragraphs 1 to 3.
5. Any
preparation or other product containing a substance or product specified in any
of paragraphs 1 to 4, not being a preparation specified in the First Schedule.
FIFTH SCHEDULE
(Article 15)
FORM OF REGISTER
PART I
Entries to be
made in case of obtaining drugs
|
Date on which supply received
|
Name
|
Address
|
Amount obtained
|
Form in
which obtained
|
|
of person or firm from whom
obtained
|
|
|
|
|
|
|
|
|
|
|
|
|
PART II
Entries to be made in case of supply of drugs
|
Date on which the transaction was
effected
|
Name
|
Address
|
Particulars as to licence or authority
of person or firm supplied to be in possession
|
Amount supplied
|
Form in which supplied
|
|
of person or firm supplied
|
|
|
|
|
|
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