The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026

Published: Wed 10th Jun 26

The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026 exercises powers under the 1971 Act to designate a list of identified synthetic opioid substances, their isomers, salts, and preparations, as drugs subject to temporary control across England, Wales, Scotland, and Northern Ireland, effective from June 11, 2026, while ensuring existing safe custody and misuse regulations immediately apply to them.

Arguments For

The action addresses the immediate public health risk posed by the misuse of specific, newly emerging synthetic opioids by bringing them under temporary control.
Temporary scheduling allows for an expedited legal response (one year window) to substances identified by the Advisory Council on the Misuse of Drugs as dangerous, pending a permanent legislative review.
Applying existing custody and control regulations ensures that law enforcement and regulatory bodies have immediate, appropriate powers regarding the possession, supply, and safe storage of these new psychoactive substances (NPS).

Arguments Against

Temporary classification avoids the extensive public consultation phases typically associated with permanent scheduling, potentially limiting stakeholder input on the controls implemented.
The Order captures not only the specific listed compounds but also all stereoisomeric forms, salts, and preparations, which might inadvertently capture legitimate substances or research chemicals if structural classifications are too broad.
Limiting the control period to one year necessitates a subsequent legislative review and action to prevent the substances from immediately becoming uncontrolled if permanent scheduling is not finalized in time.

Order made by the Secretary of State, laid before Parliament under section 2A(10) of the Misuse of Drugs Act 1971 (c. 38), for approval by resolution of each House of Parliament within 40 days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

The Secretary of State made this Order, which must be formally presented to both Houses of Parliament.

Parliament has 40 days, excluding long recesses, to approve the Order via a resolution for it to remain legally effective.

STATUTORY INSTRUMENTS

2026 No. 613 DANGEROUS DRUGS

The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026

Made - - - -

8th June 2026

Laid before Parliament

10th June 2026

Coming into force - -

11th June 2026

This identifies the instrument as a Statutory Instrument, numbered 613 of 2026, pertaining to Dangerous Drugs.

The Order was formally executed on June 8, 2026, presented to Parliament on June 10, 2026, and became legally active on June 11, 2026.

The Secretary of State makes this Order in exercise of the powers conferred by sections 2A(1) and (5), 7A(2), (3) and (6) of the Misuse of Drugs Act 1971( 1 ).

The Secretary of State creates this regulation utilizing the specific legal authority granted by sections 2A and 7A of the Misuse of Drugs Act 1971.

None of the substances or products listed in the Schedule to this Order is a Class A drug, a Class B drug or a Class C drug.

The substances detailed in the Schedule are not being classified as standard controlled drugs (Class A, B, or C) but are instead placed under temporary control via a separate mechanism.

The Secretary of State has received a recommendation from the Advisory Council on the Misuse of Drugs under section 2B(1)(b)( 2 ) of the Misuse of Drugs Act 1971 that this Order should be made.

The decision to implement this Order was based on advice received from the Advisory Council on the Misuse of Drugs, following consultation procedures outlined in the legislation.

Citation, commencement and extent

-(1) This Order may be cited as the Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026 and comes into force on 11th June 2026.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

Article 1 establishes the official title of the instrument and confirms its commencement date as June 11, 2026.

Furthermore, the provisions apply across the entire United Kingdom jurisdiction: England, Wales, Scotland, and Northern Ireland.

Drugs subject to temporary control

The substances and products listed in the Schedule to this Order are specified under section 2A(1) of the Misuse of Drugs Act 1971 as drugs subject to temporary control.

Article 2 specifies that every substance and product listed in the accompanying Schedule is formally placed under temporary control as permitted by Section 2A(1) of the Misuse of Drugs Act 1971.

( 1 ) 1971 c. 38. Sections 2A and 7A were inserted by paragraphs 3 and 8 of Schedule 17 to the Police Reform and Social Responsibility Act 2011 (c. 13).

( 2 ) Section 2B was inserted by paragraph 3 of Schedule 17 to the Police Reform and Social Responsibility Act 2011.

These footnotes clarify the legislative history, noting that provisions 2A, 7A, and 2B of the 1971 Act were introduced into the law by the Police Reform and Social Responsibility Act 2011.

Application of other instruments

-(1) The Misuse of Drugs (Safe Custody) Regulations 1973( 3 ) and the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973( 4 ) apply to the substances and products listed in the Schedule to this Order.

(2) The Misuse of Drugs Regulations 2001( 5 ) apply to the substances and products listed in the Schedule to this Order as if those substances and products were specified in Schedule 1 to those Regulations.

(3) The Misuse of Drugs Regulations (Northern Ireland) 2002( 6 ) apply to the substances and products listed in the Schedule to this Order as if those substances and products were specified in Schedule 1 to those Regulations.

Article 3 ensures that existing regulations governing the safe custody of controlled drugs in Great Britain and Northern Ireland apply immediately to these temporary class drugs.

Additionally, it applies the Misuse of Drugs Regulations for both England/Wales/Scotland (2001) and Northern Ireland (2002) to these substances, effectively treating them as if they were listed in Schedule 1 of those principal regulations for control purposes.

8th June 2026

Sarah Jones Minister of State Home Office

This confirms the date the Order was signed and identifies Sarah Jones, Minister of State at the Home Office, as the signatory.

Schedule

The following substances, namely-

Cychlorphine (N-propionitrile chlorphine)

Spirochlorphine (R-6890)

5,6-Dichloro desmethylchlorphine (SR-17018)

Etodezitramide

Spirobrorphine

Chlorphine

5,6-dichlorobrorphine (SR 14968)

Any stereoisomeric form of a substance specified in paragraph 1.
Any salt of a substance specified in paragraph 1 or 2.
Any preparation or other product containing a substance specified in any of paragraphs 1 to 3.

The Schedule lists the specific chemical substances being controlled, including Cychlorphine and Spirochlorphine. Control also automatically covers any stereoisomeric forms or salts of these substances, as well as any final product or preparation that contains them.

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order specifies the substances and products listed in the Schedule as drugs subject to temporary control under section 2A(1) of the Misuse of Drugs Act 1971. The substances and products listed in the Schedule are types of synthetic opioids which are being misused as new psychoactive substances.

Article 3 of this Order provides that the Misuse of Drugs (Safe Custody) Regulations 1973 and the Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973 apply to those substances and products listed in the Schedule, and that the Misuse of Drugs Regulations 2001 and the Misuse of Drugs Regulations (Northern Ireland) 2002 apply to the substances and products listed in the Schedule as if those substances and products were specified in Schedule 1 to each of those Regulations.

In accordance with subsection (6) of section 2A of the Misuse of Drugs Act 1971, the specified substances and products will cease to be subject to temporary control after the expiry of one year or, if earlier, upon the coming into force of an Order in Council under section 2(2) of that Act listing the specified substances and products in Part 1, 2 or 3 of Schedule 2 to that Act.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

The Explanatory Note clarifies that the listed substances are synthetic opioids misused as New Psychoactive Substances (NPS) and are being brought under temporary control via Article 2.

Article 3 applies related custody and misuse regulations across the UK. Critically, the control automatically lapses after one year unless earlier superseded by a permanent control Order.

The government determined that a full impact assessment was unnecessary as the impact across sectors is expected to be minimal or non-existent.

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