The Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 outline who is legally allowed to possess Controlled Drugs (CDs). Unauthorized possession is an offence unless the individual has legal authority.
1. Persons Legally Allowed to Possess CDs
| Category | Legal Authority | Example Professions | Relevant Legislation |
|---|---|---|---|
| Licensed manufacturers and wholesalers | Licensed under the Medicines Act 1968 and Home Office licensing. | Pharmaceutical companies, medicine wholesalers. | Misuse of Drugs Regulations 2001, Reg. 6 |
| Registered healthcare professionals | Must be acting in professional capacity with appropriate legal authority. | Pharmacists, doctors, dentists, veterinary surgeons. | Misuse of Drugs Act 1971 |
| Patients with a valid prescription | Possession permitted for personal use only. | Any individual with a valid prescription. | Misuse of Drugs Regulations 2001, Reg. 8 |
| Police and law enforcement | May possess CDs for evidence or enforcement purposes. | Police officers, forensic analysts. | Misuse of Drugs Act 1971, Section 5 |
| Care homes and hospices | Allowed to hold CDs for patient use under specific regulations. | Residential care facilities, hospices. | Misuse of Drugs Regulations 2001, Reg. 9 |
| Persons with a Home Office license | Must have an approved license for possession. | Researchers, universities, specific government-approved entities. | Misuse of Drugs Regulations 2001, Reg. 6 |
2. Possession by Pharmacists and Healthcare Professionals
Pharmacists and healthcare professionals may legally possess CDs only under specific circumstances, such as:
- Dispensing and supply under a valid prescription.
- Administration of CDs to patients when authorized.
- Holding stock in a registered pharmacy or healthcare setting.
- Destruction of expired CDs under appropriate regulations.
Key Requirements:
- Schedule 2 CDs must be recorded in the Controlled Drugs Register.
- Proper storage in a CD-compliant cabinet is required for Schedule 2 and some Schedule 3 CDs.
- Prescribers (doctors, dentists, veterinary surgeons) must issue legally valid prescriptions for supply.
3. Patient Possession of Controlled Drugs
Patients are allowed to possess CDs if they have been lawfully prescribed, dispensed, or supplied for their personal use. However:
- Possession must not exceed the prescribed quantity.
- Travel restrictions apply when carrying CDs abroad—patients should carry proof such as a copy of the prescription.
- Schedule 1 CDs cannot be personally possessed unless a Home Office license is granted.
4. Law Enforcement and Emergency Services
- Police officers can seize, store, and transport CDs for investigative purposes.
- Ambulance paramedics may carry and administer CDs under Patient Group Directions (PGDs) or when working under a prescriber.
- Coroners and forensic laboratories may possess CDs for legal and investigative functions.
5. Home Office Licensing for CD Possession
Some organizations and individuals may apply for a Home Office license to legally possess CDs. This includes:
- Universities and researchers conducting controlled drug research.
- Pharmaceutical manufacturers handling Schedule 1 drugs for development and testing.
- Animal testing and veterinary research organizations requiring Schedule 1 or 2 substances.
A Home Office license must be renewed annually and specifies the exact CDs permitted for possession.
6. Consequences of Unlawful Possession
Possession of CDs without lawful authority is a criminal offence under the Misuse of Drugs Act 1971:
- Class A drugs (e.g., heroin, cocaine) – Maximum 7 years imprisonment or unlimited fine.
- Class B drugs (e.g., cannabis, codeine) – Maximum 5 years imprisonment or unlimited fine.
- Class C drugs (e.g., anabolic steroids, benzodiazepines) – Maximum 2 years imprisonment or unlimited fine.
Severe penalties apply to anyone found in unlawful possession with intent to supply.
This guidance ensures compliance with UK pharmacy law regarding Controlled Drug possession. For further details, refer to the Misuse of Drugs Regulations 2001 and the Misuse of Drugs Act 1971.