Schedule 1: Exempted substances
This Schedule lists exempted psychoactive substances.
	Paragraph 1 covers controlled drugs, namely a substance or product for the time being specified in Part 1, 2 or 3 of Schedule 2 to the 1971 Act, that is Class A, B or C drugs.
	Paragraph 2 covers medicinal products. "Medicinal product" is defined by reference to regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916), which provides:
(1) In these Regulations “medicinal product” means—
(a) any substance or combination of substances presented as having properties of preventing or treating disease in human beings; or
(b) any substance or combination of substances that may be used by or administered to human beings with a view to—
(i) restoring, correcting or modifying a physiological function by exerting a pharmacological, immunological or metabolic action, or
(ii) making a medical diagnosis.
(2) These Regulations do not apply to—
(a) whole human blood; or
(b) any human blood component, other than plasma prepared by a method involving an industrial process.
The new definition includes, but is not limited to, medicinal products for which a marketing authorisation or Article 126a authorisation is in force; investigational medicinal products; and homeopathic and herbal medicinal products.
	Paragraph 3 relates to alcohol or alcohol products.
	Paragraphs 4 and 5 relates to nicotine and tobacco products. Tobacco products are defined, in part, by reference to section 1 of the Tobacco Products Duty Act 1979 (paragraph 8(a)). That section defines “tobacco products” as any of the following products, namely: cigarettes; cigars; hand-rolling tobacco; other smoking tobacco; and chewing tobacco, which are manufactured wholly or partly from tobacco or any substance used as a substitute for tobacco. Paragraph 8(b) exempts any other product which contains nicotine, so long as it does not contain a psychoactive substance. This would include products which contain nicotine but do not contain any tobacco, for example e-cigarettes.
	Paragraph 6 covers caffeine or caffeine products.
	Paragraph 7 covers food (including drink), that is, any substance which is ordinarily consumed as food and does not contain a prohibited ingredient. The definition of a prohibited ingredient is such that naturally occurring substances which have a psychoactive effect, such as nutmeg and cocoa, fall outside the definition. Also excluded from the definition of prohibited ingredients are other substances the use of which in or on food is authorised under EU legislation. Such legislation relates to, amongst other things, extraction solvents and food flavourings. Nitrous oxide is authorised by EU legislation for use as a propellant, for example, to administer whipped cream given that it will leave traces in the cream and, as such, would not constitute a prohibited ingredient when used in this way. But the consumption of nitrous oxide gas from a canister for its psychoactive effect would not fall within the food exemption and therefore would constitute a psychoactive substance under the Act.
	The list in this Schedule does not include psychoactive substances not intended for human consumption such as those contained in veterinary medicines or in industrial products. When produced, supplied etc for their intended purpose such conduct would not fall within the offences in sections 4 to 9, but when produced, supplied etc for human consumption those offences would be engaged.