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Legality · Diazepam

Is Diazepam legal in United Kingdom?

Also known as: valium

Confirmed against a primary sourceVerified October 3, 2026
Legal status
Controlled as a Class C drug. Part III of Schedule 2 to the Misuse of Drugs Act 1971 names it at paragraph 1(a) in the entry «Diazepam.», and section 2(1)(b) of the Act provides that «the expressions “Class A drug”, “Class B drug” and “Class C drug” mean any of the substances and products for the time being specified respectively in Part I, Part II and Part III of that Schedule». Schedule 2 was read as in force on 2 October 2026 in the legislation.gov.uk revised text, which records no known outstanding effects and incorporates S.I. 2024/1361, in force 15 January 2025; Schedule 2 moves by Order in Council under section 2(2), so this does not rule out a later amendment.
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. Its salts are caught by paragraph 3 of Part III. Benzodiazepines are Class C as a group in Part III, but each is a separate entry. This row is Class C, so the Class C drug involved column of Schedule 4 to the 1971 Act governs. Possession, section 5(2), carries on indictment «2 years or a fine, or both.» Tried summarily, Class C possession carries «3 months or £1,000, or both.» and Class C supply, production or possession with intent «3 months or £2,500, or both.» Possession with intent to supply, section 5(3), supplying or offering to supply, section 4(3), and production, section 4(2), each carry on indictment «14 years or a fine, or both.» Sale has no offence of its own: selling is supplying under section 4(3), and trafficking is not a separate offence in the Act, being concerned in another person's supply falling under section 4(3)(b) and (c). Importation and exportation are prohibited by section 3(1) and prosecuted as customs offences under sections 50(3), 68(2) and 170(2) of the Customs and Excise Management Act 1979, which Schedule 1 to that Act punishes for this class «on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 14 years». Cultivation falls under production, because section 37(1) defines producing as «producing it by manufacture, cultivation or any other method». Use is not itself an offence: the Act reaches the user through possession, and its only offence of use is smoking or otherwise using prepared opium under section 9. An occupier who knowingly permits production or supply on premises commits the section 8 offence, also 14 years on indictment. The Act sets no quantity threshold and no statutory presumption of intent to supply; on indictment the fine has no stated maximum and runs with imprisonment or alone, because every band reads «or a fine, or both». No administrative disposal attaches by statute: the penalty notice table in section 1 of the Criminal Justice and Police Act 2001, which applies in England and Wales, lists possession only of cannabis, cannabinol and its derivatives, and khat. Section 28 gives a defence of lack of knowledge; under section 28(3) a belief that it was a different controlled drug is no defence unless, had it been that drug, no offence would have been committed. The Psychoactive Substances Act 2016 does not reach it: section 2(1) of that Act confines a psychoactive substance to one that «is not an exempted substance (see section 3).» and Schedule 1 exempts «Controlled drugs (within the meaning of the Misuse of Drugs Act 1971).» The 1971 Act is therefore read first and governs alone.
If prescribed or medical
In England, Wales and Scotland the Misuse of Drugs Regulations 2001 place it in Part I of Schedule 4, where it is listed in paragraph 1. Regulation 10(2) then provides that «a person may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 for administration for medical, dental or veterinary purposes in accordance with the directions of a practitioner», so a patient holding a supply prescribed or directed for them commits no possession offence; holding it outside that authority is the section 5(2) offence. Regulation 4(3)(a) lifts the possession prohibition only for drugs in Part II of Schedule 4, the anabolic steroid group, so it does not help a Part I drug held without a prescription. Regulation 16(5) bars supply on a prescription «later than twenty-eight days after the appropriate date.» Regulation 6C(1) lists diazepam by oral administration among the drugs a physiotherapist independent prescriber may prescribe. On Northern Ireland the sources point two ways, and both are quoted. legislation.gov.uk tags every provision of the 2001 Regulations with the extent E+W+S+N.I. 45 such tags in its XML, while the Regulations themselves carry no extent clause; against that tag, their amending Regulations of 2023 and 2024 each state «These Regulations extend to England and Wales and Scotland.», and the 2026 temporary class drug order applies the two codes separately, saying «The Misuse of Drugs Regulations 2001 apply to the substances and products listed in the Schedule to this Order as if those substances and products were specified in Schedule 1 to those Regulations.» and «The Misuse of Drugs Regulations (Northern Ireland) 2002 apply to the substances and products listed in the Schedule to this Order as if those substances and products were specified in Schedule 1 to those Regulations.» Northern Ireland has its own Misuse of Drugs Regulations (Northern Ireland) 2002, S.R. 2002 No. 1. The legislation.gov.uk text of those Regulations states «There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Misuse of Drugs Regulations (Northern Ireland) 2002.», so the Northern Ireland schedule for this row is not given here.
Documentation
The Home Office page Take medicine in or out of the UK, read at https://www.gov.uk/travelling-controlled-drugs on 2 October 2026, says «You must carry medicine containing a controlled drug with you in your hand luggage when entering or leaving the UK.» A visitor who is not resident needs a letter of proof that the medicine was prescribed for them, giving the traveller's name, travel dates, the medicines with quantity, dose and strength, and the prescriber's signature, and the page adds «You can only bring up to 3 months supply of your medicine with you.» and «If you bring more than 3 months supply with you, or get more medicine posted to you, it will be taken away.» A UK resident prescribed medicine abroad must contact the Drug and Firearms Licensing Unit, and a personal licence above three months is available only in exceptional circumstances. That three month allowance is Home Office practice: the statutory exceptions to the import prohibition in regulation 4 of the 2001 Regulations cover only Part II of Schedule 4 and Schedule 5.
Primary sources
  • Misuse of Drugs Act 1971, ss. 2 to 8, 28 and 37 and Schedules 2 and 4, Part III para. 1(a)
  • legislation.gov.uk
  • read on 2 October 2026 as the legislation.gov.uk revised text, which records no known outstanding effects
  • Misuse of Drugs Regulations 2001, S.I. 2001/3998, regs. 4, 5 and 10 and Part I of Schedule 4 and reg. 4(3)(a)
  • legislation.gov.uk
  • Customs and Excise Management Act 1979, ss. 50, 68 and 170 and Schedule 1
  • legislation.gov.uk
  • Home Office, Take medicine in or out of the UK
  • 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

Diazepam in related jurisdictions

Other substances confirmed in United Kingdom

Same substance, other countries