The Misuse of Drugs Act: A Guide for Forensic Scientists

THE MISUSE OF DRUGS ACT

A Guide for Forensic Scientists

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THE MISUSE OF DRUGS ACT

A Guide for Forensic Scientists

L.A. KING

Forensic Science Service, London Laboratory London, UK

Print ISBN: 0-85404-625-9

EPUB ISBN: 978-1-78801-829-6

A catalogue record for this book is available from the British Library

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Preface

The primary role of the forensic drug chemist is to examine items submitted by law enforcement agencies and to determine if controlled (scheduled) substances are present. If that process required no more than a comparison of analytical results with a table of controlled drugs then there would be little need for this book. In reality, the forensic scientist is also required to place analytical findings in a wider context and to offer expert opinion in a court of law. All legislation is liable to interpretation; and the Misuse of Drugs Act 1971 is no exception. Indeed, because of its technical nature and the high political profile of drug abuse, this Act has undergone more scrutiny than most.

As an example of technical complexity in the Act, consider generic definitions. Some examples can be found in the international drug conventions, but the UK legislation takes them to a sophisticated level. The well-known controlled drug MDMA, a member of the ‘Ecstasy’ group of so-called entactogenic stimulants, is more formally known as 3,4-methylenedioxymethylamphetamine or fully systematically as N-methyl-1-(3,4-methylenedioxyphenyl)propan-2-amine. Yet none of these terms nor any other direct synonym will be found in the Act. One will likewise search in vain for ‘heroin’, ‘LSD’ or ‘THC’. Alternatively, what is one to make of the following name: 2-(5-methoxy-2,2-dimethyl-2,3-dihydrobenzo-[b]furan-6-yl)-1-methylethylamine? Even an experienced chemist might struggle to recognise this immediately as a relative of MDMA. Yet that name and over thirty more like it were added to the Act in 2001. In this book, these ‘new’ phenethylamines, which are not covered by the current generic definitions, are described in some detail. Beyond the Act, a further level of complexity is introduced by the Misuse of Drugs Regulations 2001, which modify the provisions of the Act in certain situations.

This book is aimed not only at forensic scientists but also at police and customs officers, lawyers and all those who come into contact with the Misuse of Drugs Act. It is intended to clarify the many scientific complexities in the Act. For chemists, the extensive use of molecular structures in the text allows a complete and easier comprehension of the chemical background to the legislation, but they are not essential for a broad understanding. It is not a guide to general aspects of the law, stated cases, sentencing policy or related legislation, although some of these are dealt with briefly in Appendices. Also excluded is any general discussion of chemical analysis, but specific problem areas are briefly mentioned where they have a bearing on interpretation. No account is provided of the social dimension to drug abuse, epidemiology, pharmacology or toxicology, but the interested reader is directed to the Bibliography. A number of possible changes to the Misuse of Drugs Act and the Misuse of Drugs Regulations are included in Chapter 9. These future developments are largely concerned with technical issues, although the recent suggestion that cannabis and cannabis resin might be re-classified could have major implications for the administration of justice. This guide does not include any strategic view of drug control; there is no discussion of the arguments for or against legalisation or decriminalisation of some or all drugs. Finally, it is beyond the scope of this book to provide any recommendations on the presentation of evidence in court or how analytical results should be set out in reports and statements. Although intended as a guide to the United Kingdom law, many of the provisions of the Misuse of Drugs Act originate in international treaties and have a wider relevance.

I am particularly grateful for the support of the Secretariat of the Home Office Advisory Council on the Misuse of Drugs. Together with fellow members of the Council and its subcommittees, they have provided much stimulating discussion, resolved numerous problems and illuminated the darker corners of the Misuse of Drugs Act. Dr Mike Griffin and Professor Geoffrey Phillips kindly reviewed a draft manuscript and offered valuable comments. I would also like to thank many former colleagues in the Forensic Science Service and other laboratories, members of the legal profession and law enforcement officers for their challenging questions and helpful comments over many years.

This book is dedicated to my wife, Diane.

Leslie A. King

Hampshire

April, 2002

Contents

Chapter 1

Introduction

1.1 Drug Abuse

1.2 UK Drug Control Legislation Before 1971

1.3 The United Nations Conventions

1.4 Principles of Current UK Legislation

1.5 European Initiatives

1.6 Abbreviations

Chapter 2

Schedule 2 to the Act

Chapter 3

Generic Controls: Miscellaneous

3.1 Salts

3.2 Esters and/or Ethers

3.2.1 Introduction

3.2.2 Esters

3.2.3 Ethers

3.3 Stereoisomerism

3.3.1 Introduction

3.3.2 Stereoisomerism in Controlled Drugs

Chapter 4

Generic Controls: Substance-specific

4.1 Cannabinols

4.2 Ecgonine Derivatives

4.3 Lysergide and Derivatives of Lysergamide

Chapter 5

Generic Controls: Group-specific

5.1 Overview

5.2 Phenethylamines

5.3 Tryptamines

5.4 Fentanyls

5.5 Pethidines

5.6 Barbiturates

5.7 Anabolic Steroids

Chapter 6

Nomenclature

6.1 British Approved Names and International Non-proprietary Names

6.2 Synonyms and Common Terms

6.3 Redundancy

6.4 Derivatives

6.4.1 The Meaning of ‘Derivative’ in the Act

6.4.2 Dialkyl Derivatives

6.4.3 The Meaning of ‘Structurally Derived From’

6.4.4 Homologues

6.5 ‘Phenethylamines’, ‘Phenylethylamines’ and ‘Amphetamines’

Chapter 7

‘Designer’ Drugs

7.1 Historical Background

7.2 ‘New’ Tryptamines

7.2.1 Overview

7.2.2 ‘TIHKAL’

7.2.3 The Control Status of TIHKAL Substances

7.3 ‘New’ Ring-substituted Phenethylamines

7.3.1 Introduction

7.3.2 Methylthioamphetamine

7.3.3 Structural Classification

7.4 Side-chain Derivatives of Phenethylamine

7.4.1 N -substituted Phenethylamines

7.4.2 Ring-substituted ‘Cathinones’

7.4.3 Other Phenylalkylamines

7.5 Other Potential Designer Drugs

Chapter 8

Miscellaneous Issues

8.1 Drugs Removed, Reinstated or Reclassified

8.2 Definition of Cannabis

8.3 Production of Crack Cocaine

8.4 Medicinal Products