The Home Office has not received an advance draft of the ACMD’s barriers to research – part 2 report. I look forward to receiving the ACMD’s advice on this important topic.

The Government will conduct a full Impact Assessment before implementing control of nitrous oxide. This will include consideration of the impact control will have on levels of nitrous oxide misuse, as well as the impact control will have on businesses with legitimate requirements for nitrous oxide, the public sector, and other identified groups. This will examine the cost over a 10-year appraisal period and will be published on the GOV.UK website.

It is not our intention to hinder or place undue burden on those who wish to use nitrous oxide for legitimate purposes or to unduly impact businesses. To support our understanding of the uses of nitrous oxide and how best to exempt legitimate use, the Government published a consultation - Nitrous oxide: legitimate uses and appropriate controls - which seeks views from organisations and people who use, or might wish to use, nitrous oxide in the future for legitimate purposes. The consultation runs until 27 June and is available on the GOV.UK website.

As Minister of State for Crime, Policing and Fire, I met the Chair of the Advisory Council on the Misuse of Drugs (ACMD) and the Chair of the ACMD Novel Psychoactive Substances Committee, which undertook the nitrous oxide review, on 7 March 2023 to discuss the findings of the updated ACMD harms assessment on nitrous oxide before a final decision had been taken.

This is in accordance with Part 4 (iv) of the Working Protocol between the Home Secretary and the ACMD.

On 27 March we published the Anti-social Behaviour (ASB) Action Plan announcing our intention to control nitrous oxide as a Class C drug under the Misuse of Drugs Act 1971.

The Advisory Council on the Misuse of Drugs were notified in writing of our intention not to accept recommendation 1 of their updated harms assessment in advance of the publication of the ASB Action Plan. In line with the Working Protocol, the letter set out the reasons behind our decision to reject their recommendation.

The Advisory Council on the Misuse of Drugs (ACMD) published their report on nitrous oxide on 6 March, which set out the available evidence and made recommendations for action. This report can be found at the following link: Nitrous oxide: updated harms assessment - GOV.UK (www.gov.uk).

The Government carefully considered the ACMD’s advice when making the decision to control nitrous oxide under the Misuse of Drugs Act 1971. In their report the ACMD cite anecdotal reports of an increase in neurological harms. They also identify evidence in relation to health and social harms and provide references to those sources within their report. This includes harms such as drug driving and littering as well as identifying widespread availability for illegitimate use. In addition to the ACMD’s review, the Government has received representations from members of the public, from police officers and others highlighting serious concerns and providing further anecdotal evidence of the dangers of nitrous oxide.

The Government responded to the ACMD on 27 March. The Government’s response is available at the following link: Government response: ACMD nitrous oxide review (accessible) - GOV.UK (www.gov.uk)

As I set out in response to Question 140011, Psilocybin, in common with a number of drugs that have been controlled under the Misuse of Drugs Act 1971 (the 1971 Act) for a considerable period of time, has not been subject to analysis or recent analysis of harm.

The Government has not commissioned or published any recent analysis of the harms of psilocybin. Psilocybin, as an “ester of psilocin”, is controlled as a Class A drug under the 1971 Act and is placed in Schedule 1 to the Misuse of Drugs Regulations 2001. Psilocin is also subject to the United Nations Convention on Psychotropic Substances of 1971, to which the United Kingdom is signatory.

As the then Crime and Policing Minister set out in his response to Question 7725, psilocybin, in common with a number of drugs which have been controlled under the Misuse of Drugs Act 1971 (the 1971 Act) for a considerable period of time have not been subject to analysis or recent analysis of harm.

The Government has not commissioned or published any recent analysis of the harms of psilocybin. Psilocybin, as an “ester of psilocin”, is controlled as a Class A drug under the the 1971 Act and is placed in Schedule 1 to the Misuse of Drugs Regulations 2001. Psilocin is also subject to the United Nations Convention on Psychotropic Substances of 1971, to which the United Kingdom is signatory.

We are in the process of considering the findings of the Advisory Council on the Misuse of Drugs (ACMD) report on consumer cannabidiol products.

This is a complex area of policy and the Government is giving close consideration to the recommendations before responding in due course. We regularly engage with the Council on the timescales for responding to their reports and any reasons for those.

We will continue to work closely with the ACMD as policy is developed on the regulation of CBD products.

Psilocybin, as an “ester of psilocin”, is controlled as a Class A drug under the Misuse of Drugs Act 1971 and has been since the Act was introduced. As set out in the response to Parliamentary Question 67096, the Government has no plans to commission the Advisory Council on the Misuse of Drugs to assess the classification of Psilocybin.

A review of classification is not currently a priority in the context of the significant challenges of drug misuse set out in Dame Carol Black's independent review of drugs, which the government is focused on tackling through the 10-year Drug Strategy, including work to improve treatment and recovery services, tackle drugs supply and reduce the demand for drugs in society.

Psilocybin, as an “ester of psilocin”, is controlled as a Class A drug under the 1971 Act and has been since the Act was introduced.

Psilocybin is also placed in Schedule 1 to the Misuse of Drugs Regulations 2001. Psilocin is subject to the United Nations Convention on Psychotropic Substances of 1971, to which the United Kingdom is signatory.

As the then Crime and Policing Minister set out in his response to Question 7725, a number of drugs which have been controlled under the 1971 Act for a considerable period of time have not been subject to analysis or recent analysis of harm. The Advisory Council on the Misuse of Drugs regularly provides advice on the harms of drugs, and these are published on the gov.uk website.

The then Government responded to the advice provided by the Advisory Council on the Misuse of Drugs in 2017, “Legitimate Use of Controlled Drugs: Research and Healthcare”, in 2019.

The response sets out the Government’s view of each recommendation. The response was published on Gov.uk and is available at the following link: Legitimate use of controlled drugs: research and healthcare - GOV.UK (www.gov.uk)

The new Drug Strategy will respond in full to Dame Carol Black’s review and set out our long-term ambition to combat drugs. Parts one and two of Dame Carol Black’s review include comprehensive lists of the experts and wider partners in the drugs field who she engaged with to gather evidence and seek advice.

We have continued to engage external experts to inform the development of the new Drug Strategy, including Dame Carol Black in her role as independent advisor, Dr Ed Day our National Recovery Champion, and the Advisory Council on the Misuse of Drugs. We also continue to engage wider partners in the drugs field, including the National Police Chiefs Council and substance misuse treatment providers and commissioners.

We will undertake further engagement with experts and partners in the field to support the implementation of the Strategy and to inform annual reports to Parliament.

Like the 2017 Drug Strategy, the forthcoming Drug Strategy has been informed by extensive consultation with key partners in the drugs field. This includes through Dame Carol Black’s review of drugs, which involved significant consultation with external partners to gather information.

The calls for evidence for parts 1 and 2 of the review received responses from a wide range of stakeholders, including members of the public, academics, people working in the substance misuse sector and enforcement partners. Dame Carol also led an extensive programme of consultation events to develop her recommendations on drug treatment for part 2 of her review.

Our Strategy is responding to Dame Carol Black’s review in full. We have built on the research undertaken as part of the review, and have continued to consult external experts in order to shape the approach and interventions set out in the strategy. This includes Dame Carol Black in her role as independent advisor and Dr Ed Day our national Recovery Champion. The Advisory Council on the Misuse of Drugs’ Full Council has also been briefed on our strategic approach and members of the Council have provided feedback.

The Government published its initial response to Dame Carol Black’s independent review of drugs on 27 July, and the upcoming drug strategy will set out our more detailed response to the review’s recommendations. It will present our whole-of-government approach to combating drug misuse by supporting people through treatment and recovery and driving down drug supply and demand.

We are continuing to engage with external experts across a wide range of sectors in order to shape the approach and interventions set out in the strategy, building on the research undertaken as part of the independent review. Dame Carol is also working with the Government on the development and delivery of the strategy in her new role as an independent advisor.

We currently have no plans to reschedule psilocybin to schedule 2 of the Misuse of Drugs Regulations. The Advisory Council on the Misuse of Drugs has recently published stage 1 of its advice on reducing barriers to research on controlled drugs. We will consider the advice, including its implications for psilocybin, carefully before responding.

As a founder of the all-party group on life sciences, I am well aware of the potential of any number of compounds to assist us in the constant battle against mental and physical illness, and of the need for this country to lead in research that might alleviate the problem, not just here, but in the rest of the world. My hon. Friend will know that we reschedule particular compounds where medicines are approved on the advice of the Medicines and Healthcare products Regulatory Agency and of the ACMD. He will know that, for example, in June last year we placed Epidyolex, a cannabis-based medicine used to treat certain forms of epilepsy, in schedule 5 to the Misuse of Drugs Regulations, following exactly that sort of advice. There are ongoing trials and research studies into psilocybin taking place in the UK; a medicine has yet to be licensed by the MHRA, but if and when one is, we will consider rescheduling.