Cannabis & Opium

Scope

Cannabis (except in “cannabis resin”) means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) but includes neither cannabis resin nor any of the following products after separation from the rest of any such plant, namely—

• mature stalk of any such plant,
• fibre produced from such mature stalk, or
• seed of any such plant.

“cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis

“opium poppy” means a plant of the species Papaver somniferum L or Papaver bracteatum Lindl;]Amendments:

Prohibition of certain activities etc. relating to opium.

A person shall not—

• smoke or otherwise use prepared opium,
• frequent a place used for the purpose of smoking or otherwise using prepared opium

A person shall not have in his possession—

• any pipes or other utensils made or adapted for use in connection with the smoking of opium, being pipes or utensils which have been used by him or with his knowledge and permission in that connection or which he intends to use or permit others to use in that connection, or
• any utensils which have been used by him or with his knowledge and permission in connection with the preparation of opium for smoking.

A person who contravenes the above is  guilty of an offence.

Prohibition of Cultivation

A person shall not cultivate opium poppy for the production of opium], any plant of the genus Cannabis or any plant of the genus Erythroxylon except under and in accordance with a licence issued in that behalf.

Every person who cultivates opium poppy for the production of opium, a plant of the genus Cannabis or a plant of the genus Erythroxylon in contravention of of this provision is guilty of an offence.

It is an offence under the Psychoactive Substances Axt to sell an object knowing that it will be used to cultivate by hydroponic means any plant etc. in contravention of the Misuse of Drugs Act.  Hydroponic cultivation is cultivation of plants in liquid containing nutrients without soil and under controlled condition of light, temperature or humidity.  The method of cultivation is commonly used for cultivation of cannabis indoors.

Occupiers etc. Permitting Certain Activities

A person who is the occupier or is in control or is concerned in the management of any land, vehicle or vessel and who knowingly permits or suffers any of the following to take place on the land, vehicle or vessel, namely—

• the cultivation contrary to section 17 of this Act of opium poppy or any plant of the genus Cannabis,
• the preparation of opium for smoking,
• the preparation of cannabis for smoking,
• the smoking of cannabis, cannabis resin or prepared opium,
• the manufacture, production or preparation of a controlled drug in contravention of regulations made under section 5 of this Act,
• the importation or exportation of a controlled drug in contravention of such regulations,
• the sale, supply or distribution of a controlled drug in contravention of such regulations,
• any attempt so to contravene such regulations, or
• the possession of a controlled drug in contravention of section 3 of this Act,

shall be guilty of an offence.

In any proceedings for this offence, where it is proved that an activity or contravention  took place on particular land or on a particular vehicle or vessel and that the defendant was, at the time of the alleged offence, the occupier of, or in control or concerned in the management of the land, vehicle or vessel, as the case may be, it shall be presumed until the court is satisfied to the contrary that the activity or contravention took place with the knowledge of the defendant.

Search warrants.

If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of a member of the Garda Síochána or if  a member of the Garda Síochána not below the rank of superintendent is satisfied] that there is reasonable ground for suspecting that—

• a person is in possession in contravention of this Act on any premises of a controlled drug, a forged prescription or a duly issued prescription which has been wrongfully altered and that such drug or prescription is on a particular premises F46[or other land], or
•  opium poppy, a plant of the genus Cannabis or a plant of the genus Erythroxylon is being cultivated contrary to section 17 of this Act on or in any premises or other land, or
• a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the State, an offence against a provision of a corresponding law in force in that place, is in the possession of a person on any premises,

such Justice, Commissioner or, as the case may be, member may issue a search warrant.

Powers and Penalty

In any proceedings for the above offence  it shall not be necessary for the prosecutor to prove that the controlled drug concerned was intended to come into the possession of any particular person in the prison, children detention school or remand centre, as the case may be.

If a prison officer or an authorised member of the staff of a children detention school or remand centre reasonably suspects that a person has committed or is committing an offence under this section, he or she may, for the purpose of detecting the commission of such an offence, search the person at any time while he or she is in the prison, school or centre, as the case may be.

A prison officer or an authorised member of the staff of a children detention school or remand centre may, for the purpose of performing his or her functions  have a controlled drug in his or her possession.

Penalties Possession of Cannabis

A person guilty of an offence of possession  where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of such drug for his personal use is  liable—

in the case of a first offence,

• on summary conviction, to a fine not exceeding £300, or
• on conviction on indictment, to a fine not exceeding £500,

in the case of a second offence,

• on ,summary conviction, to a fine not exceeding £400, or
• on conviction on indictment, to a fine not exceeding £1,000,

in the case of a third or subsequent offence,

• on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or
• on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment;