Drug Scheduling

Regulation 3 of the Misuse of Drugs Regulations 2001 provides that 'Schedules 1 to 5 shall have effect for the purpose of specifying the controlled drugs to which certain provisions of these Regulations apply.' Schedule 1, for example, is headed 'CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 19, 20, 23, 26 AND 27' and lists drugs (such as raw opium derivatives and other listed substances) subject to the most restrictive regulatory controls, including on destruction, safe custody and who may lawfully possess them; Schedule 5, by contrast, covers preparations subject to minimal controls. This five-tier schedule system is distinct from the three-tier Class A/B/C classification under s.2 of the Misuse of Drugs Act 1971, which provides that 'the expressions "Class A drug", "Class B drug" and "Class C drug" mean any of the substances and products for the time being specified respectively in Part I, Part II and Part III' of Schedule 2 to the 1971 Act.

In practice the two systems work side by side: a drug's Class (A, B or C) under the 1971 Act primarily drives the maximum penalty for unlawful possession or supply, while its Schedule (1 to 5) under the 2001 Regulations governs who may lawfully handle it and under what conditions — for example whether a doctor may prescribe it on an ordinary prescription, whether it must be kept in a locked safe, and what records a pharmacist or practitioner must keep. A drug such as diamorphine (heroin) is Class A but Schedule 2, meaning it can be lawfully prescribed and dispensed subject to strict controls, whereas cannabis is Class B and, depending on the specific product, is regulated as a Schedule 1 or Schedule 2 drug.