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Misuse of Drugs Act 1971 (Amendment) Order 2005

rose to move, That the draft order laid before the House on 11 October be approved. The noble Lord said: My Lords, the purpose of the order is to bring the substance ketamine under the control of the Misuse of Drugs Act 1971. As is required by the Act, the Advisory Council on the Misuse of Drugs has been consulted and agrees with the proposals. Ketamine is currently a prescription-only medicine and is controlled under the Medicines Act 1968. It is used primarily in veterinary medicine as an anaesthetic, but is also prescribed in hospitals as an analgesic to manage acute pain. Ketamine is a dissociative anaesthetic—it has hallucinogenic properties and can make the user feel detached from their body. It is mainly misused by clubbers taken in pill form, although it can also be injected or snorted. It is also known as ““K”” or ““Special K”” and is known to be taken in combination with cocaine. Taking ketamine presents certain risks to health which indicate that it should be a controlled drug. It can affect the memory and so may, if used over a prolonged period, have the potential to disrupt the personal and working life of users. There has been concern that ketamine may lead to psychotic relapse or precipitation of schizophrenia in people who have a tendency towards those particular types of disorders. Mixing ketamine and alcohol can be fatal. It also stimulates the cardiovascular system so that there is an immediate effect on the body of the user. There is an increase in heart rate, cardiac output and blood pressure, which makes it potentially dangerous to people with diseases of the cardiovascular system. During 2001–02, Her Majesty’s Revenue and Customs identified an emerging trend for large parcels of ketamine being imported into the UK from the subcontinent, concealed in solution in packages labelled ““Rosewater””. Although it is believed that most of the importations were carried out by opportunists rather than organised criminals, there is evidence to suggest that a minority of importers were wishing to exploit the law with regard to ketamine to make sufficient money to start dealing in other controlled drugs. Not all noble Lords may be aware that customs officers can take action against those importing medicines unlawfully only when the substance actually takes the form of a medicinal product. As the ketamine was in a solution it was not in a medicinal form and action could not be taken. Customs seized a substantial number of packages as they were in effect wrongly declared. These measures will allow customs officers to include ketamine on their list of controlled drugs and so be considerably more systematic in their enforcement policy. A dedicated ketamine committee was established by the Advisory Council, which took evidence from a wide range of experts. They produced a comprehensive report and in November 2004 the Advisory Council recommended that ketamine should be controlled as a class C drug under the Misuse of Drugs Act 1971. The report is accessible from the Home Office website. In February, the then Drugs Minister, Caroline Flint, accepted in principle that ketamine should be a controlled drug, subject to views received in a public consultation that took place between March and June. The consultation was generally supportive of the measure. If the order is approved, we will lay before the House an amendment to the regulations, which will bring ketamine within the scope of the Misuse of Drugs Regulations 2001. The amended regulations will impose the regime of control over the drug. If the order is approved, Her Majesty’s Government aim to bring it into effect, together with the relevant amendment regulation, on 1 January. Stricter controls on the drugs will be provided by the amendments, which are additional measures to restrict the general availability of the drugs. As a class C drug, the maximum penalty for the unauthorised manufacture, importation and supply of ketamine will be 14 years’ imprisonment and/or a fine. The maximum sentence for the offence of possession of ketamine will be 2 years’ imprisonment and a fine. Her Majesty’s Government will publicise the law change with regard to ketamine through a Home Office notice, and through the ““Talk to Frank”” and drugs.gov.uk websites. Reference to the law change and health risks associated with ketamine will be included in future government materials for young people. These measures are very much in line with the Government’s commitment to cause maximum disruption to drug markets and so protect young people, in particular, from the harm of being exposed to dangerous drugs. I commend the changes proposed in the order. Moved, That the draft order laid before the House on 11 October be approved [5th Report from the Joint Committee].—(Lord Bassam of Brighton.)