Misuse of Drugs Act

HOME OFFICE CIRCULAR NO. 29/1996
MISUSE OF DRUGS ACT 1971 (MODIFICATION) ORDER 1996
MISUSE OF DRUGS (AMENDMENT) REGULATIONS 1996

This Circular sets out changes to the misuse of drugs legislation made by the two above-named instruments which came into force on 1 September 1996.

2. The combined effect of the two instruments (copies of which
are attached) will be to bring under the control of the misuse
of drugs legislation the following anabolic and/or androgenic
substances which are liable to misuse by athletes and
bodybuilders for their muscle increasing and masculinizing

properties:-

48 anabolic and androgenic steroids;
any other anabolic steroid falling within a generic definition of such substances; esters and ethers of the above substances;
1 adrenoceptor stimulant (clenbuterol) ; and 5 polypeptide hormones (more commonly known as growth hormones).

3. The above-mentioned substances (which will be referred to
collectively as anabolic substances in the remainder of this
circular) will be subject to the same controls – except for
one difference – as those which apply to controlled drugs
currently listed in Schedule 4 to the Misuse of Drugs
Regulations 1985 (SI 1985 No. 2066), as amended. The one
difference is that, unlike for other Schedule 4 drugs, any
S363 person importing or exporting an anabolic substance will
require a Home Office import/export licence unless the
substance is being imported or exported in the form of a
medicinal product for administration to himself. The new
controls are set out in more detail below.
The Misuse of Drugs Act 1971 (Modification)
Order 1996 (SI 1996 No.1300)

4. The Order amends the list of drugs controlled under the
Misuse of Drugs Act 1971. It adds to the list of Class C drugs
specified in Part III of Schedule 2 to the 1971 Act the
following drugs:-
atamestane, bolandiol, bolasterone, bolazine,
boldenone, bolenol, bolmantalate, calusterone,
4-chloromethandienone, clostebol, drostanolone,
enestebol, epitiostanol, ethyloestrenol,
fluoxymesterone, formebolone, furazabol, mebolazine,
mepitiostane, mesabolone, mestanolone, mesterolone,
methandienone, methandriol, methenolone,
methyltestosterone, metribolone, mibolerone,
nandrolone, norboletone, norclostebol,
norethandrolone, ovandrotone, oxabolone,
oxandrolone, oxymesterone, oxyraetholone, prasterone,
propetandrol, quinbolone, roxibolone, silandrone,
stanolone, stanozolol, stenbolone, testosterone,
thiomesterone and trenbolone;
– any drug falling within the following generic
definition:-
any compound (not being Trilostane or a compound for
the time being specified in the above sub-paragraph)
structurally derived from 17-hydroxyandrostan-3-one
or from 17-hydroxyestran-3-one by modification in
any of the following ways, that is to say,
(i) by further substitution at position 17 by a
methyl or ethyl group;
(ii) by substitution to any extent at one or more of positions 1, 2, 4, 6, 7, 9, 11 or 16, but at no other position;
(iii) by unsaturation in the carbocyclic ring system to any extent, provided that there are no more than two ethylenic bonds in any one carbocyclic ring;
(iv) by fusion of ring A with a heterocyclic system;
any substance which is an ester or ether (or, where more than one hydroxyl function is available, both an ester and an ether) of a substance specified in the above sub-paragraphs;
clenbuterol;
chorionic gonadotrophin (HCG); non-human chorionic
gonadotrophin; somatotropin; somatrem; and
somatropin.

5. The maximum penalties available for offences involving
Class C drugs are specified in Schedule 4 to the Act (as
amended).

The Misuse of Drugs (Amendment) Regulations 1996(SI 1996 NO.1597)

6. The amending regulations replace the existing Schedule 4 to
the Misuse of Drugs Regulations 1985 (SI 1985 No.2066), as
amended, with a new two-part Schedule 4. They add the
substances listed in paragraph 4 above to Part I and put the
existing Schedule 4 drugs (essentially benzodiazepine
tranquillisers) into Part II.
Part I of Schedule 4 – (anabolic substances)

7. The anabolic substances listed in Part I of Schedule 4 –
like the substances listed in Part II (ie the existing
Schedule 4 drugs) – are exempted from the general prohibition
on possession of controlled drugs under section 5(1) of the
1971 Act when they are in the form of a medicinal product (ie
there are no restrictions on their simple possession when they
are in the form of a medicinal product).

8. However, whilst the existing Schedule 4 drugs (those now in
Part II) are excluded from the application of offences arising
from the general prohibition on importation and exportation of
controlled drugs under section 3(1) of the 1971 Act, the
anabolic substances are not entirely excluded.

9. A Home Office import or export licence is required for the
importation and exportation of these substances unless they
are imported or exported in the form of a medicinal product by
a person for administration to himself. Thus, a person commits
an offence if, without a Home Office licence, he imports or
exports any of these substances unless the substance is in the
form of a medicinal product and is for administration to
himself.
Part II of Schedule 4 – (essentially benzodiazepine
tranquillisers)

10. The substances listed in Part II of Schedule 4 continue to
be excepted from the general prohibition on possession when in
the form of a medicinal product and from the general
prohibition on importation and exportation (ie imports and
exports of these substances, whether or not in the form of a
medicinal product, are not subject to any importation and
exportation licensing requirements).
Production and supply authorities

11. With effect from 1 September 1996, Schedule 4 to the 1985
Regulations will be amended so that drugs previously in
Schedule 4 will, thereafter, be contained in Part II of the
Schedule. From that date, any production and supply
authorities held in relation to Schedule 4 drugs will be
modified so as to refer to controlled drugs in Schedule 4 Part
II only. Any person wishing to produce or supply anabolic
substances, including those currently holding a Schedule 4
drugs authority, will need to apply for a Schedule 4 Part I
authority.
Possession authorities

12. As explained in paragraphs 7 and 10 above, no authority is
required to possess any substance listed in Parts I and II of
Schedule 4 when in the form of a medicinal product.
Record-keeping and destruction

13. Regulations 22 and 23 (keeping and preservation of
records), 25 (furnishing of information) and 26 (destruction
of controlled drugs – holders of written authorities to
produce only) apply to the substances listed in both Parts I
and II of Schedule 4.
Importation/exportation

14. As explained in paragraphs 8 and 9 above, the anabolic
substances in Part I of Schedule 4 are subject to the
importation and exportation licensing requirements except when
they are imported or exported in the form of a medicinal
product by any person for administration to himself.
Safe custody requirements

15. As Schedule 4 drugs, the 54 anabolic substances are
excepted from the Safe Custody Regulations.