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Legality · Caffeine

Is Caffeine legal in United Kingdom?

Confirmed against a primary sourceVerified October 3, 2026
Legal status
Not a controlled drug. Caffeine is not named in Schedule 2 to the Misuse of Drugs Act 1971 as in force on 2 October 2026, and no generic paragraph reaches it: it is a methylxanthine, a purine, and no generic paragraph describes a purine; the only heterocyclic acid paragraph, the barbiturate one, needs a 5,5 disubstituted barbituric acid, which caffeine is not. The Psychoactive Substances Act 2016 does not reach it, because Schedule 1 to that Act exempts «Caffeine or caffeine products.» The notable rule is labelling: Annex III, point 4.1 to Regulation (EU) No 1169/2011, as it applies in the United Kingdom, requires a drink with caffeine «in a proportion in excess of 150 mg/l,» other than one based on coffee or tea, to carry «‘High caffeine content. Not recommended for children or pregnant or breast-feeding women’ in the same field of vision as the name of the beverage,» followed by the caffeine content per 100 ml. The text read is the legislation.gov.uk revised text of the Act as in force on 2 October 2026, whose Schedule 2 page states «There are currently no known outstanding effects for the Misuse of Drugs Act 1971, SCHEDULE 2.» The last amendment that text incorporates is the Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024, S.I. 2024/1361, in force 15 January 2025; a title search of the same site for 2025 and 2026 found no later amending Order, and the draft Misuse of Drugs Act 1971 (Amendment) Order 2026 is marked «This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.» Schedule 2 moves by Order in Council under section 2(2), which reads «Her Majesty may by Order in Council make such amendments in Schedule 2 to this Act as may be requisite for the purpose of adding any substance or product to, or removing any substance or product from, any of Parts I to III of that Schedule», so this does not rule out a later amendment. Section 2(1)(a) also makes a controlled drug of anything specified «in a temporary class drug order as a drug subject to temporary control (but this is subject to section 2A(6));» the only such Order found in force, the Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026, S.I. 2026/613, in force from 11 June 2026 for one year, lists seven synthetic opioids of the orphine type, from cychlorphine to 5,6-dichlorobrorphine, and this row is not among them.
Consequences if caught
Capital exposure: none. No provision of the Misuse of Drugs Act 1971, of the Customs and Excise Management Act 1979 or of the Psychoactive Substances Act 2016 provides a death sentence; the highest punishment in Schedule 4 to the 1971 Act is imprisonment for life. No offence attaches to buying, possessing or consuming caffeine. The labelling duty falls on food businesses, not consumers, and there is no drugs offence, quantity threshold or trafficking offence.
If prescribed or medical
It is not in any Schedule to the Misuse of Drugs Regulations 2001.
Documentation
No permit or licence applies to caffeine for a traveller; the Home Office page at https://www.gov.uk/travelling-controlled-drugs, read on 2 October 2026, concerns controlled drugs.
Primary sources
  • Misuse of Drugs Act 1971, s. 2 and Schedule 2, read as in force on 2 October 2026, no known outstanding effects recorded
  • legislation.gov.uk
  • Psychoactive Substances Act 2016, Schedule 1 para. 6
  • legislation.gov.uk
  • Regulation (EU) No 1169/2011, Annex III point 4.1
  • legislation.gov.uk
  • Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026, S.I. 2026/613
  • legislation.gov.uk
  • Draft Misuse of Drugs Act 1971 (Amendment) Order 2026, not made as at 2 October 2026
  • legislation.gov.uk
  • S.I. 2024/1361 read as made on 2 October 2026
  • legislation.gov.uk
  • Contains public sector information licensed under the Open Government Licence v3.0

Court records

The National Archives declined the transactional licence on 22 September 2026.

Source checked Find Case Law, The National Archives · 2026-08-26

Caffeine in related jurisdictions

Other substances confirmed in United Kingdom

Same substance, other countries