Section 9a of the Misuse of Drugs Act – a timeline

The chronology of legislation changes to Section 9a of the Misuse of Drugs Act, and how they have affected drug service provision are documented below.

1986
The Drug Trafficking Offences Act 1986 created a new subsection – Section 9a – into the Misuse of Drugs Act 1971. While it specifically allowed the supply of needles and syringes, it made it an offence to supply or offer to supply articles that could be used in the preparation or administration of a controlled drug.

2003
Following sustained pressure from many angles, section 9a was amended in 2003 to allow specific items to be supplied, these were:

At this stage, supply of WFI was only allowed in accordance with the Medicines Act 1968. This served to only slightly liberalise supply, as most organisations did not have either the staff or the wherewithal to apply for Patient Group Directions (the mechanism by which they could be supplied without a prescription by nurses, doctors or pharmacists).
Misuse of Drugs (amendment) (No.2) Regulations 2003 (SI No:1653/2003).

2005
The supply of ascorbic acid was made legal in 2005 by Statutory Instrument 2005 (2846).

The supply of WFI by any needle exchange staff without prescription was allowed by Statutory instrument 2005 (1507) which applied to the Medicines Act 1968. This means that supply of WFI ampoules of 2mls or less are now legal to supply.

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