Cannabis & Opium

Table of Contents

MISUSE OF DRUGS ACT 1977

REVISED

Updated to 16 May 2023

AN ACT TO PREVENT THE MISUSE OF CERTAIN DANGEROUS OR OTHERWISE HARMFUL DRUGS, TO ENABLE THE MINISTER FOR HEALTH TO MAKE FOR THAT PURPOSE CERTAIN REGULATIONS IN RELATION TO SUCH DRUGS, TO ENABLE THAT MINISTER TO PROVIDE THAT CERTAIN SUBSTANCES SHALL BE POISONS FOR THE PURPOSES OF THE PHARMACY ACTS, 1875 TO 1962, TO AMEND THE PHARMACOPOEIA ACT, 1931, THE POISONS ACT, 1961, THE PHARMACY ACT, 1962, AND THE HEALTH ACTS, 1947 TO 1970, TO REPEAL THE DANGEROUS DRUGS ACT, 1934, AND SECTION 78 OF THE HEALTH ACT, 1970, AND TO MAKE CERTAIN OTHER PROVISIONS IN RELATION TO THE FOREGOING. [16th May, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions in relation to Misuse of Drugs Acts 1977 and 1984 transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 40, commenced as per ss. 58 and 59 on coming into force of Health Act 2004 (Establishment Day) Order 2004 (S.I. No. 885 of 2004).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

…

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

…

40.—Misuse of Drugs Acts 1977 and 1984.

…

C2
Application of Misuse of Drugs Acts 1977 and 1984 extended (15.06.2000) by Customs-free Airport (Extension of Laws) Regulations 2000 (S.I. No. 169 of 2000), reg. 2.

2. The provisions of the Misuse of Drugs Acts 1977 and 1984 (Nos. 12 and 18 of 1977 and 1984 respectively), together with all Orders and Regulations made thereunder and for the time being in force, are hereby extended to the Customs-free Airport at Shannon.

C3
Application of collectively cited Health Acts restricted (7.05.1986) by Health (Amendment) Act 1986 (10/1986), s. 2(1), commenced on enactment. Note: references to health board to be read as references to the Health Service Executive as provided (1.01.2005) by Health Act 2004 (42/2004), s. 66, S.I. No. 887 of 2004.

Charges by health boards for provision of in-patient services and out-patient services in respect of certain injuries caused by mechanically propelled vehicles.

2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.

…

Editorial Notes:

E1
Power of Garda Síochána to enter supervised injecting facilities for prevention or detection of offences under collectively cited Misuse of Drugs Acts 1977 to 2016 prescribed (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 11, S.I. No. 517 of 2017.

E2
Certain offences under Act designated as extended confiscation offences by Criminal Justice Act 1994 (15/1994), s. 3 and sch. 1A part 2, as amended (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 3.

E3
Offence under Act (other than a first offence under s. 3) designated an excluded offence by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 14A and sch. 3 item 16, as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 29, S.I. No. 215 of 2016.

E4
Procedure for complaints in relation to irregularities in the custody, prescription or supply of a controlled drug under collectively cited Misuse of Drugs Acts prescribed (2.10.2012) by Nurses and Midwives Act 2011 (41/2011), s. 55, S.I. No. 385 of 2012. Section amended by Health Identifiers Act 2014 (15/2014), s. 39, not commenced as of date of revision.

E5
Procedure for complaints in relation to registered retail pharmacy businesses, where certain persons have been convicted of an offence under Misuse of Drugs Acts 1977 to 2006 or Poisons Acts 1961 and 1977 prescribed (1.08.2009) by Pharmacy Act 2007 (20/2007), s. 36(1)(a), S.I. No. 281 of 2009.

E6
Provision for external forfeiture orders in relation to offences under the Act made (15.11.1996) by Criminal Justice Act 1994 (15/1994), s. 47(5)(a), S.I. No. 333 of 1996.

E7
Evidential status of certificates purporting to be signed by an officer of Forensic Science Ireland in proceedings for offences under the Act designated (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 10, S.I. No. 205 of 1984, as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 170, S.I. No. 508 of 2015.

E8
An Post empowered to bring summary prosecutions for offences under Act in relation to any of its functions (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 5(4)(f), commenced on enactment.

E9
Previous affecting provision: application of collectively cited Health Acts 1947 to 2004 restricted by Health Act 1970 (1/1970), s. 53, as amended (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 4(a), commenced on enactment, subject to exceptions in subs. (3) as inserted by 3/2005, s. 4(b); repealed (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 10, S.I. No. 466 of 2016.

E10
Previous affecting provision: power of examination, seizure and detention in relation to potential evidence regarding suspected offences under Misuse of Drugs Acts 1977 to 2007 prescribed (11.05.1988) by Customs and Excise (Miscellaneous Provisions) Act 1988 (10/1988), s. 2(1)(iii), commenced on enactment, as amended (23.08.2010) by Criminal Justice (Psychoactive Substances) Act 2010 (22/2010), s. 22, S.I. No. 401 of 2010; 1988 Act repealed (31.12.2016) by Customs Act 2015 (18/2015), s. 3(1) and sch. 1 part 1 item 44, S.I. No. 611 of 2016.

E11
Previous affecting provision: power to obtain search warrants in relation to potential evidence regarding suspected offences under Misuse of Drugs Acts 1977 and 1984 prescribed (11.05.1988) by Customs and Excise (Miscellaneous Provisions) Act 1988 (10/1988), s. 3(3), commenced on enactment; 1988 Act repealed (31.12.2016) by Customs Act 2015 (18/2015), s. 3(1) and sch. 1 part 1 item 44, S.I. No. 611 of 2016.

E12
Previous affecting provision: restriction on certain persons providing pharmaceutical services under Pharmacy Acts 1875 to 1977, Misuse of Drugs Acts 1977 and 1984 or Poisons Acts 1961 and 1977 imposed by Pharmacy Act (Ireland) 1875 (1875, c. 57), s. 22A(4)(ii), as inserted (30.09.1987) by European Communities (Recognition of Qualifications in Pharmacy) Regulations 1987 (S.I. No. 239 of 1987), reg. 3(b), in effect as per reg. 9; repealed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 4 and sch. 4, S.I. No. 487 of 2008.

E13
Previous affecting provision: certain nationals of EU member states deemed to be registered dentists for the purposes of the Act (1.04.1980) by European Communities (Recognition of Dental Qualifications) Regulations 1980 (S.I. No. 90 of 1980), reg. 12(a)(ii), in effect as per reg. 2; revoked (14.07.2008) by Recognition of Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations 2008 (S.I. No. 263 of 2008), reg. 15, in effect as per reg. 1(2).

Interpretation.

1.—(1) In this Act—

F1[“business” includes a profession; ]

F2[“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—

(a) mature stalk of any such plant,

(b) fibre produced from such mature stalk, or

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

“the Dental Board” means the Dental Board established under the Dentists Act, 1928;

“duly issued prescription” has the meaning assigned to it by section 18 of this Act;

“forged prescription” has the meaning assigned to it by section 18 of this Act;

F3[“Irish Medicines Board” means the Irish Medicines Board established under section 3 of the Irish Medicines Board Act 1995;]

“land” includes land covered wholly or partly with water;

“the Medical Registration Council” means the Medical Registration Council established under the Medical Practitioners Acts, 1927 to 1961;

“the Minister” means the Minister for Health;

F4[“opium poppy” means a plant of the species Papaver somniferum L or Papaver bracteatum Lindl;]

“pharmacist” means a registered pharmaceutical chemist, a registered dispensing chemist and druggist and a registered druggist;

“prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

F5[“practitioner” means a registered medical practitioner, a registered dentist, a registered veterinary surgeon, a registered nurse and a registered midwife;]

“prescribed” means prescribed by regulations made by the Minister under this Act;

“registered dentist” means a person registered in the register established under the Dentists Act, 1928;

“registered dispensing chemist and druggist” means a person registered in the register of dispensing chemists and druggists established under the Pharmacy Act, 1951;

“registered druggist” means a person registered in the register of registered druggists in Ireland established under the Pharmacy Act (Ireland), 1875, Amendment Act, 1890;

“registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927;

F6[“registered midwife” means a midwife whose name is entered in the midwives division of the register of nurses and midwives under the Nurses and Midwives Act 2011;]

F5[“registered nurse” means a nurse whose name is entered in the nurses division of the register of nurses and midwives under the Nurses and Midwives Act 2011;]

“registered pharmaceutical chemist” means a person registered in the register of pharmaceutical chemists for Ireland established under the Pharmacy Act (Ireland), 1875;

“registered veterinary surgeon” means a person registered in the register established under the Veterinary Surgeons Act, 1931;

“registration authority” means such one of the following as the context requires namely, the Dental Board, the Medical Registration Council and the Veterinary Council;

“the respondent” in relation to a reference under section 8 or section 9 of this Act means the practitioner in respect of whom the reference is made;

“special direction” has the meaning assigned to it by section 7 (2) of this Act;

“supply” includes giving without payment;

F7[“temporary direction” means a direction under section 9 of this Act;]

F8[“vessel” includes a hovercraft;]

“the Veterinary Council” means the Veterinary Council established under the Veterinary Surgeons Act, 1931.

(2) For the purposes of this Act any controlled drug, pipe, utensil or document of which a person has control and which is in the custody of another who is either under the person’s control or, though not under the person’s control, acts on his behalf, whether as an agent or otherwise, shall be regarded as being in the possession of the person, and the provisions of section 16 and section 18 together with the provisions of this Act relating to the possession of controlled drugs shall be construed and have effect in accordance with the foregoing.

Annotations

Amendments:

F1
Inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(a), S.I. No. 194 of 2007.

F2
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(a), S.I. No. 205 of 1984.

F3
Inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(b), S.I. No. 194 of 2007.

F4
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(b), S.I. No. 205 of 1984.

F5
Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 2, S.I. No. 172 of 2017.

F6
Inserted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 2, S.I. No. 172 of 2017.

F7
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(c), S.I. No. 205 of 1984.

F8
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(d), S.I. No. 205 of 1984.

Modifications (not altering text):

C4
References to a pharmaceutical chemist registered under the Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 construed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 75(1), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— (1) Any reference (however expressed) in a prior enactment to a pharmaceutical chemist registered under the Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 shall be construed as a reference to a registered pharmacist.

…

C5
References to a registered medical practitioner and the Medical Registration Council construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1) and (3), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

…

(3) Every reference to— …

(b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

Editorial Notes:

E14
Previous affecting provision: definition of “practitioner” amended (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(c), S.I. No. 194 of 2007; substituted as per F-note above.

E15
Previous affecting provision: definition of “registered nurse” inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(d), S.I. No. 194 of 2007; substituted as per F-note above.

Controlled drugs.

2.—(1) In this Act “controlled drug” means any substance, product or preparation (other than a substance, product or preparation specified in an order under subsection (3) of this section which is for the time being in force) which is either specified in the Schedule to this Act or is for the time being declared pursuant to subsection (2) of this section to be a controlled drug for the purposes of this Act.

(2) The Government may by order declare any substance, product or preparation (not being a substance, product or preparation specified in the Schedule to this Act) to be a controlled drug for the purposes of this Act and so long as an order under this subsection is in force, this Act shall have effect as regards any substance, product or preparation specified in the order as if the substance, product or preparation were specified in the said Schedule.

(3) The Government may by order declare that the provisions of this Act shall not apply in relation to a substance, product or preparation specified both in the order and in the Schedule to this Act, and so long as an order under this subsection is in force, this Act shall not apply in relation to a substance, product or preparation specified in the order.

(4) The Government may by order amend or revoke an order under this section (including an order made under this subsection).

Annotations

Editorial Notes:

E16
Power pursuant to subs. (2) exercised (5.04.2022) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2022 (S.I. No. 176 of 2022).

E17
Power pursuant to subs. (2) exercised (23.02.2021) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2021 (S.I. No. 82 of 2021).

E18
Power pursuant to subs. (2) exercised (21.11.2017) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2017 (S.I. No. 531 of 2017).

E19
Power pursuant to subs. (2) exercised (16.12.2014) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2014 (S.I. No. 571 of 2014).

E20
Power pursuant to subs. (2) exercised (1.11.2011) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2011 (S.I. No. 551 of 2011), in effect as per art. 2.

E21
Power pursuant to subs. (2) exercised (11.05.2010) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2010 (S.I. No. 199 of 2010), in effect as per art. 2.

E22
Power pursuant to subs. (2) exercised (31.03.2009) by Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2009 (S.I. No. 121 of 2009).

E23
Supply of samples and advertisement of controlled drugs under this section prohibited (23.07.2007) by Medicinal Products (Control of Advertising) Regulations 2007 (S.I. No. 541 of 2007), regs. 10 and 22(2), in effect as per reg. 2.

E24
Power pursuant to subs. (2) exercised (31.01.2006) by Misuse of Drugs Act 1977 (Controlled Drugs)(Declaration) Order 2006 (S.I. No. 55 of 2006), in effect as per art. 1(2).

E25
Power pursuant to subs. (2) exercised (9.11.1993) by Misuse of Drugs Act, 1977 (Controlled Drugs) (Declaration) Order 1993 (S.I. No. 328 of 1993).

E26
Power pursuant to subs. (2) exercised (29.09.1987 and 1.05.1988) by Misuse of Drugs Act, 1977 (Controlled Drugs) (Declaration) Order 1987 (S.I. No. 251 of 1987), in effect as per art. 2.

E27
Previous affecting provision: power pursuant to subs. (2) exercised (1.03.2004) by Misuse of Drugs Act, 1977 (Controlled Drugs) (Declaration No. 4) Order 2004 (S.I. No. 78 of 2004), in effect as per art. 2; revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(2)(b).

E28
Previous affecting provision: power pursuant to subs. (2) exercised (4.02.2003) by Misuse of Drugs Act, 1977 (Controlled Drugs (Declaration No 3) Order 2003 (S.I. No. 43 of 2003); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(2)(a).

E29
Previous affecting provision: supply of samples and advertisement of controlled drugs under this section prohibited (16.03.1993) by Medical Preparations (Advertising) Regulations 1993 (S.I. No. 76 of 1993), regs. 5 and 14(3); revoked (23.07.2007) by Medicinal Products (Control of Advertising) Regulations 2007 (S.I. No. 541 of 2007), reg. 3, in effect as per reg. 2.

Restriction on possession of controlled drugs.

3.—(1) Subject to subsection (3) of this section and section 4 (3) of this Act, a person shall not have a controlled drug in his possession.

(2) A person who has a controlled drug in his possession in contravention of subsection (1) of this section shall be guilty of an offence.

(3) The Minister may by order declare that subsection (1) of this section shall not apply to a controlled drug specified in the order, and for so long as an order under this subsection is in force the prohibition contained in the said subsection (1) shall not apply to a drug which is a controlled drug specified in the order.

(4) The Minister may by order amend or revoke an order under this section (including an order made under this subsection).

Annotations

Modifications (not altering text):

C6
Application of subss. (1) and (2) restricted (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 10(1), S.I. No. 517 of 2017.

Disapplication of sections 3, 19 and 21 of Act of 1977

10. (1) Subsections (1) and (2) of section 3 of the Act of 1977 do not apply to an authorised user.

…

Editorial Notes:

E30
Power pursuant to section exercised (4.05.2017) by Misuse of Drugs (Exemption) Order 2017 (S.I. No. 175 of 2017), in effect as per art. 2.

E31
Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Exemption) (Amendment) Order 2011 (S.I. No. 554 of 2011).

E32
Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Exemption) (Amendment) Order 2010 (S.I. No. 202 of 2010).

E33
Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Exemption) (Amendment) Order 1993 (S.I. No. 339 of 1993).

E34
Power pursuant to section exercised (16.10.1987) by Misuse of Drugs (Exemption) (Amendment) Order 1987 (S.I. No. 264 of 1987).

E35
Previous affecting provision: power pursuant to section exercised (31.01.2006) by Misuse of Drugs (Exemption) (Amendment) Order 2006 (S.I. No. 54 of 2006); revoked (11.05.2010) by Misuse of Drugs (Exemption) (Amendment) Order 2010 (S.I. No. 202 of 2010), art. 4.

E36
Previous affecting provision: power pursuant to section exercised (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 2004 (S.I. No. 91 of 2004); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(d).

E37
Previous affecting provision: power pursuant to section exercised (29.04.2003) by Misuse of Drugs (Scheduled Substances) (Exemption) (Amendment) Order 2003 (S.I. No. 169 of 2003); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 2004 (S.I. No. 91 of 2004), art. 3.

E38
Previous affecting provision: power pursuant to section exercised (4.02.2003) by Misuse of Drugs (Exemption) (Amendment) Order 2003 (S.I. No. 42 of 2003); revoked (29.04.2003) by Misuse of Drugs (Scheduled Substances) (Exemption) (Amendment) Order 2003 (S.I. No. 169 of 2003), art. 3.

E39
Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 1993 (S.I. No. 341 of 1993); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 2004 (S.I. No. 91 of 2004), art. 3.

E40
Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs (Exemption) Order 1988 (S.I. No. 326 of 1988). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(c), S.I. No. 172 of 2017.

E41
Previous affecting provision: power pursuant to section exercised (1.06.1979) by Misuse of Drugs (Exemption) Order 1979 (S.I. No. 29 of 1979), in effect as per art. 2; revoked (8.12.1988) by Misuse of Drugs (Exemption) Order 1988 (S.I. No. 326 of 1988), art. 2.

Regulations permitting possession of controlled drugs.

4.—(1) The Minister may make regulations enabling any person, or persons of a prescribed class or description, in prescribed circumstances or for prescribed purposes, to possess a controlled drug subject to such conditions (if any), or subject to and in accordance with such licence, as may be prescribed.

(2) Subject to section 13 of this Act, the Minister shall exercise his power to make regulations under this section so as to secure that it is not unlawful under this Act for a practitioner or pharmacist to have a controlled drug in his possession for the purpose of his profession or business.

(3) It shall be lawful for any person, or a person of a class or description specified in regulations under this section, to have in his possession in prescribed circumstances or for prescribed purposes, as may be appropriate, a controlled drug specified therein, provided that any conditions specified in the regulations or attached to a licence granted under this Act and applicable in the particular case are complied with by him.

Annotations

Editorial Notes:

E42
Power pursuant to section exercised (26.04.2023) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) (No. 2) Regulations 2023 (S.I. No. 200 of 2023).

E43
Power pursuant to section exercised (1.04.2023) by Misuse of Drugs (Amendment) (No. 2) Regulations 2023 (S.I. No. 156 of 2023), in effect as per reg. 2.

E44
Power pursuant to section exercised (30.03.2023) by Misuse of Drugs (Amendment) Regulations 2023 (S.I. No. 150 of 2023).

E45
Power pursuant to section exercised (19.01.2023) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2023 (S.I. No. 5 of 2023).

E46
Power pursuant to section exercised (16.05.2022) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022 (S.I. No. 237 of 2022).

E47
Power pursuant to section exercised (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022).

E48
Power pursuant to section exercised (27.10.2021) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 (S.I. No. 557 of 2021).

E49
Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).

E50
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).

E51
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Prescription And Control Of Supply Of Cannabis For Medical Use) Regulations 2019 (S.I. No. 262 of 2019).

E52
Power pursuant to section exercised (4.05.2017) by Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017), in effect as per reg. 1(2).

E53
Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).

E54
Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).

E55
Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Amendment) Regulations 2011 (S.I. No. 552 of 2011).

E56
Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).

E57
Power pursuant to section exercised (31.03.2009) by Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (S.I. No. 122 of 2009).

E58
Power pursuant to section exercised (20.02.2009) by Misuse of Drugs (Amendment) Regulations 2009 (S.I. No. 63 of 2009).

E59
Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).

E60
Power pursuant to section exercised (31.01.2006) by Misuse of Drugs (Amendment) Regulations 2006 (S.I. No. 53 of 2006), in effect as per reg. 2.

E61
Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).

E62
Power pursuant to section exercised (1.03.1983) by Misuse of Drugs (Safe Custody) Regulations 1982 (S.I. No. 321 of 1982). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(b), not commenced as of date of revision.

E63
Previous affecting provision: power pursuant to section exercised (18.03.2021) by Misuse of Drugs (Amendment) Regulations 2021 (S.I. No. 121 of 2021); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022), reg. 3(b).

E64
Previous affecting provision: power pursuant to section exercised (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020); revoked (27.10.2021) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 (S.I. No. 557 of 2021), reg. 3.

E65
Previous affecting provision: power pursuant to section exercised (17.12.2019) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 (S.I. No. 649 of 2019); revoked (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020), reg. 3(b).

E66
Previous affecting provision: power pursuant to section exercised (22.11.2019) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 (S.I. No. 583 of 2019); revoked (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020), reg. 3(a).

E67
Previous affecting provision: power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Amendment) Regulations 2017 (S.I. No. 532 of 2017); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022), reg. 3(a).

E68
Previous affecting provision: power pursuant to section exercised (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(c).

E69
Previous affecting provision: power pursuant to section exercised (4.02.2003) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2003 (S.I. No. 41 of 2003); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004), reg. 2.

E70
Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Scheduled substances) Regulations 1993 (S.I. No. 338 of 1993); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(b).

E71
Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(d), S.I. No. 172 of 2017.

E72
Previous affecting provision: power pursuant to section exercised (16.10.1987) by Misuse of Drugs (Amendment) Regulations 1987 (S.I. No. 263 of 1987); revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E73
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs Regulations 1979 (S.I. No. 32 of 1979), in effect as per reg. 2; revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

Regulations to prevent misuse of controlled drugs.

5.—(1) For the purpose of preventing the misuse of controlled drugs, the Minister may make regulations—

(a) prohibiting absolutely, or permitting subject to such conditions or exceptions as may be specified in the regulations, or subject to any licence, permit or other form of authority as may be so specified—

(i) the manufacture, production or preparation of controlled drugs,

(ii) the importation or exportation of controlled drugs,

(iii) the supply, the offering to supply or the distribution of controlled drugs,

(iv) the transportation of controlled drugs,

(b) requiring prescribed documents to be used in a prescribed manner in relation to prescribed transactions concerning controlled drugs and requiring copies of such documents to be furnished to prescribed persons, or to persons of a prescribed class or description,

(d) requiring prescribed records to be kept in relation to controlled drugs and regulations under this section may specify the manner in which the records are to be kept and maintained and such regulations may also provide for the furnishing of information relating to such records in such circumstances and in such manner as may be prescribed,

(e) providing for the inspection by prescribed persons of precautions taken or records kept in pursuance of regulations under this section,

F9[(f) subject to subsection (1A), regulating the issue of prescriptions for controlled drugs and the supply of controlled drugs on prescription by—

(i) registered medical practitioners, registered dentists or registered veterinary surgeons,

(ii) relevant nurses, or

(iii) relevant midwives,]

(g) requiring persons dispensing prescriptions for controlled drugs to furnish to the Minister such information relating to those prescriptions as may be prescribed,

(h) regulating or controlling the packaging and labelling of controlled drugs and such regulations may in particular require prescribed particulars relating to controlled drugs or a prescribed statement (including a warning or caution) relating to such drugs to be printed either on the outside of any packet or container used in the sale, supply or distribution of controlled drugs or on a label attached to such packet or container,

(i) requiring that any controlled drugs which, because of their condition or for any other reason, are not intended to be used shall be destroyed or disposed of in a prescribed manner,

(j) requiring any manufacturer, manufacturer’s agent or wholesaler who wishes to withdraw a controlled drug from public sale to give six months notice of such proposed withdrawal unless the Minister is satisfied that it is in the public interest that such controlled drug should be withdrawn at such shorter notice as the Minister may determine.

F9[(1A) The Minister shall not make regulations under subsection (1)(f)(ii) or (iii) unless the Minister, having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the issue of prescriptions for that controlled drug by relevant nurses or relevant midwives.]

(2) Subject to section 13 of this Act, the Minister shall exercise his power to make regulations under this section so as to secure that it is not unlawful under this Act for—

(a) a practitioner F10[(other than a relevant nurse or a relevant midwife)], for the purpose of his profession, to prescribe, administer, manufacture, compound or supply a controlled drug,

(b) a pharmacist, for the purpose of his profession or business, to F11[…] manufacture, compound or supply a controlled drug,

provided that nothing in this subsection shall be construed as enabling the Minister to make regulations under this Act authorising a registered druggist to keep open shop for the compounding or dispensing of medical prescriptions.

F9[(3) Subject to section 13, the Minister may make regulations under this section so as to secure that it is not unlawful under this Act for a practitioner who is a relevant nurse or a relevant midwife, for the purpose of the practitioner’s profession as a relevant nurse or a relevant midwife, to prescribe, administer or supply a controlled drug if the Minister, after having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the practitioner, for the purpose of the practitioner’s profession as a relevant nurse or a relevant midwife, to prescribe, administer or supply that controlled drug.]

F12[(4) In this section—

“relevant midwife” means a registered midwife or a class of registered midwives;

“relevant nurse” means a registered nurse or a class of registered nurses.]

Annotations

Amendments:

F9
Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 3(a), (b), (d), S.I. No. 172 of 2017.

F10
Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 3(c), S.I. No. 172 of 2017.

F11
Deleted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 15(a), S.I. No. 205 of 1984.

F12
Inserted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 3(e), S.I. No. 172 of 2017.

Modifications (not altering text):

C7
Reference to registered medical practitioners construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

C8
References to a person dispensing prescriptions for controlled drugs under Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 construed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 75(2), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— …

(2) Any reference (however expressed) in a prior enactment to a person who is keeping open shop for the dispensing or compounding of medical prescriptions under the Pharmacy Acts 1875 to 1977—

(a) where that person is, in relation to a pharmacist, a representative within the meaning given by section 25(2), shall be construed as a reference to such a representative, and

(b) in any other case, shall be construed as a reference to a registered retail pharmacy business.

Editorial Notes:

E74
Power pursuant to section exercised (26.04.2023) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) (No. 2) Regulations 2023 (S.I. No. 200 of 2023).

E75
Power pursuant to section exercised (30.03.2023) by Misuse of Drugs (Amendment) Regulations 2023 (S.I. No. 150 of 2023).

E76
Power pursuant to section exercised (19.01.2023) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2023 (S.I. No. 5 of 2023).

E77
Power pursuant to section exercised (16.05.2022) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022 (S.I. No. 237 of 2022).

E78
Power pursuant to section exercised (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022).

E79
Power pursuant to section exercised (27.10.2021) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 (S.I. No. 557 of 2021).

E80
Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).

E81
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).

E82
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Prescription And Control Of Supply Of Cannabis For Medical Use) Regulations 2019 (S.I. No. 262 of 2019).

E83
Power pursuant to section exercised (22.11.2017) by Misuse of Drugs (Supervision of Prescription and Supply of Methadone and Medicinal Products containing Buprenorphine authorised for Opioid Substitution Treatment) Regulations 2017 (S.I. No. 522 of 2017), in effect as per reg. 1(2).

E84
Power pursuant to section exercised (4.05.2017) by Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017), in effect as per reg. 1(2).

E85
Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).

E86
Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).

E87
Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Amendment) Regulations 2011 (S.I. No. 552 of 2011).

E88
Power pursuant to section exercised (20.12.2010) by Misuse of Drugs (Amendment) (No. 2) Regulations 2010 (S.I. No. 607 of 2010).

E89
Power pursuant to section exercised (11.06.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).

E90
Power pursuant to section exercised (31.03.2009) by Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (S.I. No. 122 of 2009).

E91
Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).

E92
Power pursuant to section exercised (31.01.2006) by Misuse of Drugs (Amendment) Regulations 2006 (S.I. No. 53 of 2006), in effect as per reg. 2.

E93
Power pursuant to section exercised (27.08.1999) by Misuse of Drugs (Amendment No. 1) Regulations 1999 (S.I. No. 273 of 1999).

E94
Offence created in respect of ships used for drug trafficking in contravention of subs. (1)(a)(ii) (15.11.1996) by Criminal Justice Act 1994 (15/1994), s. 34(2), S.I. No. 333 of 1996.

E95
Offence under regulations made under section designated drug trafficking offence (14.11.1994) for purposes of Criminal Justice Act 1994 (15/1994), s. 3(1), S.I. No. 324 of 1994.

E96
Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).

E97
Penalties prescribed for offences under Customs Acts where controlled drug imported for purpose of supply in contravention of regulations under section (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 7(1)(a), S.I. No. 205 of 1984.

E98
Power pursuant to section exercised (1.03.1983) by Misuse of Drugs (Safe Custody) Regulations 1982 (S.I. No. 321 of 1982), in effect as per reg. 2. Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(b), not commenced as of date of revision.

E99
Previous affecting provision: power pursuant to section exercised (18.03.2021) by Misuse of Drugs (Amendment) Regulations 2021 (S.I. No. 121 of 2021); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022), reg. 3(b).

E100
Previous affecting provision: power pursuant to section exercised (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020); revoked (27.10.2021) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 (S.I. No. 557 of 2021), reg. 3.

E101
Previous affecting provision: power pursuant to section exercised (17.12.2019) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 (S.I. No. 649 of 2019); revoked (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020), reg. 3(b).

E102
Previous affecting provision: power pursuant to section exercised (22.11.2019) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 (S.I. No. 583 of 2019); revoked (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020), reg. 3(a).

E103
Previous affecting provision: power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Amendment) Regulations 2017 (S.I. No. 532 of 2017); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No 210 of 2022), reg. 3(a).

E104
Previous affecting provision: power pursuant to section exercised (16.07.1998) by Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 (S.I. No. 225 of 1998), in effect as per reg. 1(2); given statutory effect (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3); revoked (22.11.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(f), S.I. No. 521 of 2017.

E105
Previous affecting provision: subs. (1)(f) substituted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(a), S.I. No. 194 of 2007; substituted as per F-note above.

E106
Previous affecting provision: subs. (1A) inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(b), S.I. No. 194 of 2007; substituted as per F-note above.

E107
Previous affecting provision: subs. (2)(a) amended (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(c), S.I. No. 194 of 2007; amendment substituted as per F-note above.

E108
Previous affecting provision: subs. (3) inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(d), S.I. No. 194 of 2007; substituted as per F-note above.

E109
Previous affecting provision: power pursuant to section exercised (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(c).

E110
Previous affecting provision: power pursuant to section exercised (4.02.2003) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2003 (S.I. No. 41 of 2003); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004), reg. 2.

E111
Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Scheduled substances) Regulations 1993 (S.I. No. 338 of 1993); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(b).

E112
Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(d), S.I. No. 172 of 2017.

E113
Previous affecting provision: power pursuant to section exercised (16.10.1987) by Misuse of Drugs (Amendment) Regulations 1987 (S.I. No. 263 of 1987); revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E114
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs Regulations 1979 (S.I. No. 32 of 1979), in effect as per reg. 2; revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E115
Previous affecting provision: subs. (1A) inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(b), S.I. No. 194 of 2007; substituted as per F-note above.

Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners or pharmacists convicted of offences.

6.—(1) Where a practitioner or pharmacist has after the commencement of this subsection been convicted of—

(a) an offence under this Act, or

(b) an offence against the Customs Acts in relation to the importation or exportation of a controlled drug,

the Minister may give a direction under subsection (2) of this section in respect of that person.

F13[(1A) Where a relevant person has after the commencement of this subsection been convicted of—

(a) an offence under this Act, or

(b) an offence against the Customs Acts in relation to the importation or exportation of a controlled drug,

the Minister may give a direction under subsection (2) of this section in respect of that person.]

(2) A direction under this subsection shall—

(a) in case the direction relates to a practitioner, be a direction prohibiting him from having in his possession, prescribing, administering, manufacturing, compounding and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction,

(b) in case the direction relates to a pharmacist F14[or relevant person, be a direction prohibiting the pharmacist or relevant person, as the case may be, from having in the pharmacist’s or relevant person’s, as the case may be,] possession, manufacturing, compounding and supplying and from supervising and controlling the manufacture, compounding and supply of such controlled drugs as may be specified in the direction.

(3) The Minister may at any time give a direction cancelling or suspending any direction given by him under subsection (2) of this section, or cancelling any direction of his under this subsection by which a direction so given is suspended.

(4) The Minister shall cause a copy of any direction given by him under this section to be served on the person to whom it applies and shall cause notice of any such direction to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.

(5) A direction under this section shall take effect when a copy of it is served on the person to whom it applies.

(6) Any person who contravenes a direction given under this section shall be guilty of an offence.

F15[(7) In this section, ‘relevant person’ means—

(a) a person, not being a pharmacist, keeping open shop for the dispensing or compounding of medical prescriptions in accordance with the provisions of the Pharmacy Acts 1875 to 1977, or

(b) any director, manager, secretary or other official of a person referred to in paragraph (a) of this definition which is a body corporate.]

Annotations

Amendments:

F13
Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 5(a), S.I. No. 453 of 2013.

F14
Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 5(b), S.I. No. 453 of 2013.

F15
Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 5(c), S.I. No. 453 of 2013.

Modifications (not altering text):

C9
References to a person dispensing prescriptions for controlled drugs under the Pharmacy Acts 1875 to 1977 construed (29.11.2008) by Pharmacy Acts 2007 (20/2007), s. 75(2), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— …

(2) Any reference (however expressed) in a prior enactment to a person who is keeping open shop for the dispensing or compounding of medical prescriptions under the Pharmacy Acts 1875 to 1977—

(a) where that person is, in relation to a pharmacist, a representative within the meaning given by section 25(2), shall be construed as a reference to such a representative, and

(b) in any other case, shall be construed as a reference to a registered retail pharmacy business.

Special directions prohibiting prescribing etc. of controlled drug in certain cases.

7.—(1) If the Minister believes that a practitioner is or has been, after the commencement of this section, prescribing, administering or supplying, or authorising the administration or supply of any controlled drug in an irresponsible manner, subject to the provisions of this Act, he may give a direction in respect of the practitioner prohibiting him prescribing, administering or supplying or authorising the administration or supply of such controlled drugs as may be specified in the direction.

(2) A direction given pursuant to this section (in this Act subsequently referred to as a special direction) shall come into force when a copy of it is given to the practitioner to whom it relates and, subject to subsection (3) of this section and section 11 (1) of this Act, the special direction shall remain in operation until it is cancelled.

(3) The Minister may F16[…] suspend the operation of a special direction.

(4) The Minister may F16[…] cancel a special direction.

(5) Where the Minister suspends the operation of or cancels a special direction, he shall cause notice to that effect to be given to the practitioner to whom the special direction applies and, as soon as may be, cause notice of the suspension or cancellation to be published in the Iris Oifigiúil.

(6) A person who contravenes a special direction shall be guilty of an offence.

Annotations

Amendments:

F16
Deleted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 15(b), S.I. No. 205 of 1984.

Investigation of cases where Minister considers there are grounds for special direction.

F17[8.—(1) If the Minister considers that there may be grounds for giving a special direction, he shall forthwith establish a committee of inquiry, constituted in accordance with any regulations under section 12 of this Act which apply to it, and as soon as may be after such committee is established he shall refer the matter in question to the committee for investigation and when making the reference send to the committee a statement of such grounds, and it shall be the duty of the committee in accordance with this section to investigate the matter referred to it and to report on it to the Minister.

(2) Where the Minister sends a statement of grounds to a committee of inquiry established pursuant to this section, he shall at the same time send to the respondent a copy of the statement and invite him to submit to the committee in writing, within the period of twenty-one days commencing on the date on which the statement is sent to the committee, any representations relating to the matter to be investigated which he may then wish to make.

(3) (a) Where a committee of inquiry is established under this section, a meeting of the committee of inquiry shall be convened by the Minister who shall at the same time fix a day for the meeting, being a day which is neither earlier than the seventh day after the expiration of the period referred to in subsection (2) of this section nor later than the twenty-first day after such expiration.

(b) Where the Minister convenes a meeting under this subsection, he shall at the same time send to the respondent not less than seven days’ notice in writing of the date, place and time fixed by the Minister for the meeting and the notice shall also notify the respondent that he may make representations to, and if he so wishes appear in person before, the committee of inquiry concerned, be assisted by another person (whether so appearing or not) in making such representations or have such representations made by another person (whether so appearing or not) acting on his behalf.

(4) A committee of inquiry established under this section shall report to the Minister on its investigation as soon as may be and shall state in the report whether or not they recommend the giving of a special direction as regards the matter being investigated, and in case the committee recommends the giving of such a direction they shall indicate in their report either the controlled drugs which the committee considers should be specified in the relevant special direction or that the committee considers that such direction should apply to all controlled drugs.

(5) Having considered the report of the committee of inquiry established under this section, the Minister may—

(a) decide to give in respect of the respondent a special direction specifying all or any of the controlled drugs indicated in a recommendation of the committee, or

(b) decide not to give a special direction,

and in case the Minister pursuant to this section decides not to give a special direction, he shall notify the respondent accordingly.

(6) Where the Minister gives a special direction, he shall, as soon as may be, cause a copy of the special direction to be served on the respondent and shall cause a copy of the direction to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.

(7) Where the Minister gives a special direction, he shall send a copy of the report received by him from the relevant committee of inquiry and the special direction to the respondent and also to—

(a) in case the respondent is a registered dentist, the Dental Board,

(b) in case the respondent is a registered medical practitioner, the Medical Council,

F19[(d) in case the practitioner concerned is a registered nurse, to An Bord Altranais,]

Annotations

Amendments:

F17
Substituted (1.10.1984) by Misuse of Drugs Act 1984 (18/1984), s. 3, S.I. No. 205 of 1984.

F18
Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 6(a), S.I. No. 453 of 2013.

F19
Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 6(b), S.I. No. 453 of 2013.

Modifications (not altering text):

C10
References to a registered medical practitioner and the Medical Council construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1) and (3), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

…

(3) Every reference to—

(a) the Medical Council, or

…

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

Editorial Notes:

E116
Power pursuant to section exercised (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984).

E117
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations 1979 (S.I. No. 31 of 1979), in effect as per reg. 2; revoked (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), reg. 8.

Prohibition of prescribing etc. in cases of urgency.

F20[9.—(1) Where the Minister refers a matter for investigation to a committee of inquiry established under section 8 of this Act, he may give a direction under this section in respect of the respondent prohibiting his prescribing, administering or supplying or authorising the administration or supply of such controlled drugs as may be specified in the direction, and such direction shall come into force on the expiration of the period of seven days beginning on the day on which a copy of the direction is sent by the Minister to the respondent unless, not later than the seventh day following the day on which such copy is so sent, the respondent satisfies the Minister that the direction should not come into force.

(2) In case a copy of a temporary direction is sent by the Minister, the Minister shall at the same time send to the respondent a notice in writing stating that the respondent may, within the time limit specified in subsection (1) of this section, make representations to the Minister stating why the temporary direction should not come into force.

(3) A temporary direction shall remain in force until the expiration of the period of twenty-eight days beginning on the day on which it is given or until the Minister makes a decision under section 8 (5) of this Act as regards the relevant case, whichever first occurs.

(4) The Minister may extend or further extend, in either case for a period not exceeding twenty-eight days, the period during which a particular temporary direction is to remain in force.

(5) Where a temporary direction is given, extended or further extended, the Minister shall, as soon as may be, cause a notice of the temporary direction, its extension or further extension, as may be appropriate, to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.]

Annotations

Amendments:

F20
Substituted (1.10.1984) by Misuse of Drugs Act 1984 (18/1984), s. 4, S.I. No. 205 of 1984.

Editorial Notes:

E118
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations 1979 (S.I. No. 31 of 1979), in effect as per reg. 2; revoked (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), reg. 8.

Investigation on initiative of Dental Board, Medical Registration Council or Veterinary Council.

10.—F21[…]

Annotations

Amendments:

F21
Repealed (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 15(c), S.I. No. 205 of 1984.

Editorial Notes:

E119
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations 1979 (S.I. No. 31 of 1979), in effect as per reg. 2; revoked (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), reg. 8.

Appeals.

11.—(1) Any practitioner or pharmacist who is aggrieved by a direction under section 6 (2) of this Act, a special direction or a temporary direction may, not later than three weeks after the day on which the direction under the said section 6 (2), special direction or temporary direction, as the case may be, comes into force, appeal to the High Court, and that Court may—

(a) by interim order suspend the operation of the direction under the said section 6 (2), special direction or temporary direction, either generally or in a particular respect, until the final determination of the proceedings,

(b) confirm the direction under the said section 6 (2), special direction or temporary direction with or without modification or cancel it.

(2) Where a direction under section 6 (2) of this Act, special direction or temporary direction is suspended or cancelled or confirmed with modifications by the High Court, the order of the Court shall not prejudice the validity of anything done on foot of the direction prior to the making of the order.

(3) Where a direction under section 6 (2) of this Act, special direction or temporary direction is suspended or cancelled by the High Court, the Minister shall as soon as may be cause notice thereof to be published in the Iris Oifigiúil.

Regulations (committees and panels).

12.—(1) The Minister may, after consultation with any registration authority concerned, make regulations in relation to the constitution and procedure of committees of inquiry F22[…] established pursuant to section 8 F22[…] of this Act.

(2) Subject to the provisions of this Act and to any regulations made by the Minister under this section and which apply to it, a committee F23[…] referred to in subsection (1) of this section may regulate its procedure and business.

Annotations

Amendments:

F22
Deleted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 15(d), S.I. No. 205 of 1984.

F23
Deleted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 15(e), S.I. No. 205 of 1984.

Editorial Notes:

E120
Power pursuant to section exercised (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984).

E121
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations 1979 (S.I. No. 31 of 1979), in effect as per reg. 2; revoked (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), reg. 8.

Additional powers in relation to certain controlled drugs.

13.—(1) If in the case of any controlled drug the Minister is of the opinion that it is in the public interest—

(a) for the manufacture, production, preparation, sale, supply, distribution and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or for other special purposes specified in an order under this section, or

(b) for it to be unlawful for any person who is either a practitioner or a pharmacist to have in his possession or to do in relation to that drug any of the things mentioned in section 5 (2) of this Act except under a licence or other authority issued by the Minister,

he may by order designate that drug as a drug to which this subsection applies, and while there is in force an order under this section designating a controlled drug as one to which this subsection applies, section 4 (2) of this Act and the said section 5 (2) shall not apply as regards that drug.

(2) The Minister may by order revoke or amend any order under this section (including an order under this subsection).

Annotations

Amendments:

F24
Substituted by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 4, not commenced as of date of revision.

Modifications (not altering text):

C11
Prospective affecting provision: subs. (1)(b) amended by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 4, not commenced as of date of revision.

13.—(1) …

…

Editorial Notes:

E122
Power pursuant to subs. (2) exercised (16.05.2023) by Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023 (S.I. No. 237 of 2023).

E123
Power pursuant to section exercised (27.04.2022) by Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022 (S.I. No. 211 of 2022).

E124
Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Designation) (Amendment) (No. 2) Order 2014 (S.I. No. 584 of 2014).

E125
Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Designation) (Amendment) Order 2014 (S.I. No. 324 of 2014).

E126
Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Designation) (Amendment) Order 2011 (S.I. No. 553 of 2011).

E127
Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Designation) (Amendment) Order 2010 (S.I. No. 201 of 2010).

E128
Previous affecting provsion: power pursuant to section exercised (18.03.2021) by Misuse of Drugs (Controlled Drugs) (Designation) Order 2021 (S.I. No. 122 of 2021); revoked (27.04.2022) by Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022 (S.I. No. 211 of 2022), reg. 3(c).

E129
Previous affecting provision: power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Designation) (Amendment) Order 2019 (S.I. No. 281 of 2019); revoked (27.04.2022) by Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022 (S.I. No. 211 of 2022), reg. 3(b).

E130
Previous affecting provision: power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Designation) (Amendment) Order 2017 (S.I. No. 533 of 2017); revoked (27.04.2022) by Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022 (S.I. No. 211 of 2022), reg. 3(a).

E131
Previous affecting provision: power pursuant to section exercised (4.05.2017) by Misuse of Drugs (Designation) Order 2017 (S.I. No. 174 of 2017), in effect as per art. 2; revoked (18.03.2021) by Misuse of Drugs (Controlled Drugs) (Designation) Order 2021 (S.I. No. 122 of 2021), art. 3.

E132
Previous affecting provision: power pursuant to section exercised (20.03.1998) by Misuse of Drugs (Designation) Order 1998 (S.I. No. 69 of 1998). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(e), S.I. No. 172 of 2017.

E133
Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Designation) Order 1993 (S.I. No. 340 of 1993); revoked (20.03.1998) by Misuse of Drugs (Designation) Order 1998 (S.I. No. 69 of 1998), art. 3.

E134
Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs (Designation) Order 1988 (S.I. No. 327 of 1988); revoked (22.11.1993) by Misuse of Drugs (Designation) Order 1993 (S.I. No. 340 of 1993), art. 3.

E135
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs (Designation) Order 1979 (S.I. No. 30 of 1979), in effect as per art. 3; revoked (8.12.1988) by Misuse of Drugs (Designation) Order 1988 (S.I. No. 327 of 1988), art. 3.

Licences etc.

14.—(1) The Minister may grant licences or issue permits or authorisations for any of the purposes of this Act, attach conditions to any such licence, permit or authorisation, vary such conditions and revoke any such licence, permit or authorisation.

(2) The Minister may make regulations requiring the payment of prescribed fees in respect of the grant or issue under this section of a licence, permit or authorisation.

Annotations

Amendments:

F25
Substituted by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 7(a), not commenced as of date of revision.

F26
Inserted by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 7(b), not commenced as of date of revision.

Modifications (not altering text):

C12
Prospective affecting provision: subs. (1) amended and subs. (3) inserted by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 7, not commenced as of date of revision.

14.—(1) The F25[Irish Medicines Board] may grant licences or issue permits or authorisations for any of the purposes of this Act, attach conditions to any such licence, permit or authorisation, vary such conditions and revoke any such licence, permit or authorisation.

(2) The Minister may make regulations requiring the payment of prescribed fees in respect of the grant or issue under this section of a licence, permit or authorisation.

F26[(3) A licence, permit or authorisation—

(a) granted or issued by the Minister under subsection (1) (including granted or issued by way of being renewed) at any time before the commencement of this subsection, and

(b) in force immediately before that commencement,

shall, on and after that commencement but subject to the conditions, if any, attached under subsection (1) to it and in force immediately before that commencement, continue in force, unless sooner revoked under subsection (1), for the unexpired portion of the period of validity, if any, which it had left to run immediately before that commencement as if, on that commencement, the Irish Medicines Board had, under subsection (1)—

(d) attached to that licence, permit or authorisation those conditions, if any,

and the provisions of this Act shall apply to the licence, permit or authorisation accordingly. ]

Editorial Notes:

E136
Prospective affecting provision: in carrying out its duties under subs. (1) the Irish Medicines Board is required to comply with any directive or guideline issued by Minister for Health by Irish Medicines Board Act 1995 (29/1995), s. 4(5), as substituted by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 11(b); amendment transferring duties to Irish Medicines Board not commenced as of date of revision.

E137
Power pursuant to section exercised (1.01.2013) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 2012 (S.I. No. 544 of 2012), in effect as per reg. 3.

E138
Power pursuant to section exercised (1.02.1988) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 1988 (S.I. No. 11 of 1988), in effect as per reg. 3.

E139
Power pursuant to section exercised (1.06.1986) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 1986 (S.I. No. 172 of 1986), in effect as per reg. 3.

E140
Power pursuant to section exercised (1.03.1985) by Misuse of Drugs (Licence Fees) (Amendment) Regulations 1985 (S.I. No. 29 of 1985), in effect as per reg. 3.

E141
Power pursuant to section exercised (15.05.1979) by Misuse of Drugs (Licence Fees) Regulations 1979 (S.I. No. 164 of 1979), in effect as per reg. 2. Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(a), not commenced as of date of revision.

Possession of controlled drugs for unlawful sale or supply.

15.—(1) Any person who has in his possession, whether lawfully or not, a controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act, shall be guilty of an offence.

(2) Subject to section 29 (3) of this Act, in any proceedings for an offence under subsection (1) of this section, where it is proved that a person was in possession of a controlled drug and the court, having regard to the quantity of the controlled drug which the person possessed or to such other matter as the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for the immediate personal use of the person, he shall be presumed, until the court is satisfied to the contrary, to have been in possession of the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act.

Annotations

Editorial Notes:

E142
Subs. (1) designated as relevant offence for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch. para. 16, S.I. No. 414 of 2010.

E143
Power of authorised officers in respect of offences under section prescribed by Transport Act 1950 (12/1950), s. 22A(1)(f), as inserted (18.12.2005) by Railway Safety Act 2005 (31/2005), s. 129, commenced on enactment.

E144
Power of authorised officers in respect of offences under section prescribed by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 66B(1), as inserted (18.12.2005) by Railway Safety Act 2005 (31/2005), s. 134(1), commenced on enactment.

E145
Offence under section designated drug trafficking offence (14.11.1994) for purposes of Criminal Justice Act 1994 (15/1994), s. 3(1), S.I. No. 324 of 1994.

F27[

Offence relating to possession of drugs with value of €13,000

15A.—(1) A person shall be guilty of an offence under this section where—

(a) the person has in his possession, whether lawfully or not, one or more controlled drugs for the purpose of selling or otherwise supplying the drug or drugs to another in contravention of regulations under section 5 of this Act, and

(b) at any time while the drug or drugs are in the person’s possession the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to F28[€13,000] or more.

(2) Subject to section 29(3) of this Act (as amended by section 6 of the Criminal Justice Act, 1999), in any proceedings for an offence under this section, where—

(a) it is proved that a person was in possession of a controlled drug, and

(b) the court, having regard to the quantity of the controlled drug which the person possessed or to such other matters that the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for his immediate personal use,

he shall be presumed, until the court is satisfied to the contrary, to have been in possession of the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act.

(3) If the court is satisfied that a member of the Garda Síochána or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to—

(a) the market value of the controlled drug concerned, or

(b) the aggregate of the market values of the controlled drugs concerned.

F29[(3A) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at any time while the controlled drug or drugs concerned were in the person’s possession that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.]

(4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

(5) In this section—

“market value”, in relation to a controlled drug, means the price that drug could be expected to fetch on the market for the unlawful sale or supply of controlled drugs;

“an officer of customs and excise” has the same meaning as in section 6 of the Criminal Justice (Drug Trafficking) Act, 1996.]

Annotations

Amendments:

F27
Inserted (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 4, S.I. No. 154 of 1999.

F28
Substituted (1.01.2002) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1(3) and (4) and schs. 3 ref. no. 6 and 4 ref. no. 9, commenced as per s. 1(3).

F29
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 81(1), S.I. No. 390 of 2006, subject to transitional provision in subs. (2).

Editorial Notes:

E146
Offence under section designated as relevant offence for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch. para. 16, S.I. No. 414 of 2010.

E147
Offence under section designated drug trafficking offence for purposes of Criminal Justice Act 1994 by Criminal Justice Act 1994 (15/1994), s. 3(1), as amended (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 7, S.I. No. 154 of 1999.

F30[

Importation of controlled drugs in excess of certain value.

15B.— (1) A person shall be guilty of an offence where—

(a) the person imports one or more controlled drugs in contravention of regulations under section 5 of this Act, and

(b) at or about the time the drug or drugs are imported the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to €13,000 or more.

(2) If the court is satisfied that a member of the Garda Síochána or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to—

(a) the market value of the controlled drug concerned, or

(b) the aggregate of the market values of the controlled drugs concerned.

(3) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at the time the person imported the controlled drug or drugs concerned that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.

(4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

(5) In this section “market value” and “an officer of customs and excise” have the meanings they have in section 15A of this Act.]

Annotations

Amendments:

F30
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 82, S.I. No. 390 of 2006.

Editorial Notes:

E148
Offence under section designated a relevant offence for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch. para. 16, S.I. No. 414 of 2010.

E149
Offence under section designated drug trafficking offence for purposes of Criminal Justice Act 1994 (15/1994), s. 3(1), as amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 86, S.I. No. 390 of 2006.

F31[

Supply of controlled drugs into prisons and places of detention.

15C.— (1) A person shall be guilty of an offence where—

(a) the person, other than in accordance with regulations made under section 4 of this Act, conveys a controlled drug into a prison, children detention school or remand centre or to a person in the prison, school or centre,

(b) the person, other than in accordance with regulations made under section 4 of this Act, places a controlled drug in any place inside or outside a prison, children detention school or remand centre with intent that it shall come into the possession of a person in the prison, school or centre,

(d) the person, while in the vicinity of a prison, children detention school or remand centre, has in his or her possession a controlled drug with intent to commit an act referred to in paragraph (a), (b) or (c) of this subsection.

(2) A person may be guilty of an offence under subsection (1) of this section irrespective of the quantity of the controlled drug concerned.

(3) Subject to section 29(3) of this Act, in any proceedings for an offence under subsection (1)(d) of this section, where—

(a) it is proved that a person was in possession of a controlled drug in the vicinity of a prison, children detention school or remand centre, as the case may be, and

(b) the court (or the jury, as the case may be), having regard to all the circumstances including the person’s proximity to the prison, school or centre, as the case may be, the packaging (if any) of the controlled drug and the time of the day or night concerned, is satisfied that it is reasonable to assume that the controlled drug was not intended for his or her immediate personal use,

he or she shall be presumed, until the court (or the jury, as the case may be) is satisfied to the contrary, to have been in possession of the controlled drug with intent to commit an act referred to in paragraph (a) or (b) or, as the case may be, (c) of subsection (1) of this section.

(4) In any proceedings for an offence under subsection (1) of this section, 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.

(5) 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.

(6) 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 under subsection (5) of this section, have a controlled drug in his or her possession.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years or both.

(8) In this section—

“an authorised member of the staff” —

(a) in relation to a children detention school, means a member of the staff of the school who is authorised in writing for the purposes of this section by the Director (within the meaning of section 157 of the Children Act 2001) of the school, and

(b) in relation to a remand centre, means a member of the staff of the centre who is authorised in writing for the purposes of this section by the owners or, as the case may be, the managers of the centre;

“children detention school” and “remand centre” have the meanings they have in section 3(1) of the Children Act 2001;

“prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform and includes Saint Patrick’s Institution and a place of detention provided under section 2 of the Prisons Act 1970, and “prison officer”, in relation to a prison, shall be construed accordingly.]

Annotations

Amendments:

F31
Inserted (1.08.2006) by Criminal Justice Act 2006, s. 83, S.I. No. 390 of 2006. A fine of €3,000 translates to a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.

Prohibition of certain activities etc. relating to opium.

16.—(1) A person shall not—

(a) smoke or otherwise use prepared opium,

(b) frequent a place used for the purpose of smoking or otherwise using prepared opium, or

(i) 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

(ii) any utensils which have been used by him or with his knowledge and permission in connection with the preparation of opium for smoking.

(2) A person who contravenes a provision of subsection (1) of this section shall be guilty of an offence.

Prohibition of cultivation of opium poppy or cannabis plant.

17.—F32[(1) A person shall not cultivate opium poppy F33[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 F34[under section 14(1)].]

F32[(2) Every person who cultivates opium poppy F35[for the production of opium], a plant of the genus Cannabis or a plant of the genus Erythroxylon in contravention of subsection (1) of this section shall be guilty of an offence.]

Annotations

Amendments:

F32
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 11(1), S.I. No. 205 of 1984.

F33
Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 8(a)(i), S.I. No. 453 of 2013.

F34
Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 8(a)(ii), S.I. No. 453 of 2013.

F35
Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 8(b), S.I. No. 453 of 2013.

Editorial Notes:

E150
Offences relating to the sale and supply of objects in the use of cultivation of plants in contravention of section prescribed and powers and procedures established (23.08.2010) by Criminal Justice (Psychoactive Substances) Act 2010 (22/2010), ss. 4, 5, 7-10, 12-14 and 21, S.I. No. 401 of 2010.

Forged or fraudulently altered prescriptions.

18.—(1) A person shall not forge a document purporting to be a prescription issued by a practitioner (which document is in this Act referred to as a forged prescription).

(2) A person shall not with intent to deceive either alter or use a prescription which has been duly issued by a practitioner (which document is in this Act referred to as a duly issued prescription).

(3) A person shall not have in his possession either a forged prescription or a duly issued prescription which has been altered with intent to deceive.

(4) The Minister may by regulations declare that in circumstances specified in the regulations subsection (3) of this section shall not apply in relation to persons who are of a prescribed class or description, and for so long as regulations under this subsection are in force the said subsection (3) shall be construed in accordance with and have effect subject to the regulations.

(5) A person who contravenes a provision of this section shall be guilty of an offence.

Annotations

Editorial Notes:

E151
Power pursuant to section exercised (30.03.2023) by Misuse of Drugs (Amendment) Regulations 2023 (S.I. No. 150 of 2023).

E152
Power pursuant to section exercised (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022).

E153
Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).

E154
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).

E155
Power pursuant to section exercised (4.05.2017) by Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017), in effect as per reg. 1(2).

E156
Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).

E157
Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).

E158
Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).

E159
Previous affecting provision: power pursuant to section exercised (18.03.2021) by Misuse of Drugs (Amendment) Regulations 2021 (S.I. No. 121 of 2021); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022), reg. 3(b).

E160
Previous affecting provision: power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Amendment) Regulations 2017 (S.I. No. 532 of 2017); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No 210 of 2022), reg. 3(a).

E161
Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(d), S.I. No. 172 of 2017.

E162
Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs Regulations 1979 (S.I. No. 32 of 1979), in effect as per reg. 2; revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

Occupiers etc. permitting certain activities to take place on land, vehicle or vessel to be guilty of an offence.

19.—(1) 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—

(a) the cultivation contrary to section 17 of this Act of opium poppy or any plant of the genus Cannabis,

(b) the preparation of opium for smoking,

(d) the smoking of cannabis, cannabis resin or prepared opium,

(e) the manufacture, production or preparation of a controlled drug in contravention of regulations made under section 5 of this Act,

(f) the importation or exportation of a controlled drug in contravention of such regulations,

(g) the sale, supply or distribution of a controlled drug in contravention of such regulations,

(h) any attempt so to contravene such regulations, or

(i) the possession of a controlled drug in contravention of section 3 of this Act,

shall be guilty of an offence.

(2) In any proceedings for an offence under subsection (1) of this section, where it is proved that an activity or contravention mentioned in the said subsection (1) 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.

Annotations

Modifications (not altering text):

C13
Application of subs. (1)(e) restricted (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 10(2), S.I. No. 517 of 2017.

Disapplication of sections 3, 19 and 21 of Act of 1977

10. …

(2) Section 19(1)(e) of the Act of 1977, in so far as it relates to the preparation or production for immediate personal consumption by injection of a controlled drug by an authorised user, and section 19(1)(i) of the Act of 1977, do not apply to a licence holder who knowingly permits or suffers the preparation or production for immediate personal consumption by injection or the possession of a controlled drug, in a supervised injecting facility by an authorised user.

…

C14
Application of subs. (1)(a) modified (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 11(2), S.I. No. 205 of 1984.

Amendment of sections 17 and 19 of Principal Act.

11.—…

(2) Section 19 of the Principal Act shall be construed and have effect as if the reference in subsection (1) (a) thereof to the cultivation contrary to section 17 of that Act of opium poppy included a reference to the cultivation contrary to the said section 17, as amended by subsection (1) of this section, of any plant of the genus Erythroxylon.

Editorial Notes:

E163
Power to apply for revocation or forfeiture of licence and disqualification from holding licence on conviction for an offence under subs. (1)(g) prescribed (21.06.1997) by Licensing (Combating Drug Abuse) Act 1997 (33/1997), ss. 3 and 17, commenced as per s. 22(4).

E164
Previous affecting provision: offences under section designated relevant offences (21.03.1991) for the purposes of European Communities (Merchandise Road Transport) Regulations 1991 (S.I. No. 60 of 1991), reg. 5 and sch. 1 para. (j); revoked (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 11(b).

E165
Previous affecting provision: offences under section designated relevant offences (21.03.1991) for the purposes of European Communities (Road Passenger Transport) Regulations 1991 (S.I. No. 59 of 1991), reg. 2(1) and sch. 1 para. (g); revoked (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 11(a).

E166
Previous affecting provision: offences under section designated relevant offences (30.09.1988) for the purposes of European Communities (Merchandise Road Transport) Regulations 1988 (S.I. No. 180 of 1988), reg. 2 and sch. 1 para. (k), in effect as per reg. 1(3); revoked (21.03.1991) by European Communities (Merchandise Road Transport) Regulations 1991 (S.I. No. 60 of 1991), reg. 21(1), subject to transitional provisions in regs. 14(1) and 21(2), (3).

Offences relating to acts outside the State.

20.—(1) Any person who aids, abets, counsels or induces the commission in a place outside the State of an offence punishable under a corresponding law in force in that place shall be guilty of an offence.

(2) In this section “a corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside the State to be a law providing for the control or regulation in that country of the manufacture, production, supply, use, exportation or importation of dangerous or otherwise harmful drugs in pursuance of any treaty, convention, protocol or other agreement between states and prepared or implemented by, or under the auspices of, the League of Nations or the United Nations Organisation and which for the time being is in force.

(3) Any statement in a certificate mentioned in subsection (2) of this section as to the effect of the law mentioned in the certificate or any such statement that any facts constitute an offence against the law so mentioned shall, for the purposes of any proceedings under this Act, be evidence of the matters stated.

Annotations

Editorial Notes:

E167
Offence under section designated drug trafficking offence for purposes of Criminal Justice Act 1994 (14.11.1994) by Criminal Justice Act 1994 (15/1994), s. 3(1), S.I. No. 324 of 1994.

Attempts etc. and miscellaneous other offences.

21.—(1) A person who attempts to commit an offence under this Act, or who aids, abets, counsels or procures the commission of an offence under this Act, or who solicits or incites any other person to commit an offence under this Act shall be guilty of an offence.

(2) Any person who, whether by act or omission, contravenes or fails to comply with regulations under this Act shall be guilty of an offence.

(3) A person who, in purported compliance with any obligation to give information to which he is subject by virtue of regulations made under this Act, gives any information which he knows to be false in a material particular or recklessly gives information which is so false shall be guilty of an offence.

(4) Any person who by act or omission impedes or obstructs a member of the Garda Síochána or a person duly authorised under this Act in the lawful exercise of a power conferred by this Act shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence.

(5) Any person who conceals from a person lawfully exercising a power under section 24 of this Act any controlled drug, or who without reasonable excuse fails to produce any book, record or other document which he has been duly required to produce under that section, shall be guilty of an offence.

(6) Any person who contravenes a condition attached to a licence, permit or authorisation granted or issued by the Minister under this Act (other than section 24) or under regulations made under this Act shall be guilty of an offence.

(7) Any person who, for the purpose of obtaining, whether for himself or another, the grant, issue or renewal of a licence, permit or authorisation under this Act or under regulations made under this Act—

(a) makes any statement or gives information which he knows to be false in a material particular or recklessly gives information which is so false, or

(b) produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material particular,

shall be guilty of an offence.

Annotations

Amendments:

F36
Substituted by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 5, not commenced as of date of revision.

Modifications (not altering text):

C15
Prospective affecting provision: subs. (6) amended by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 5, not commenced as of date of revision.

(6) Any person who contravenes a condition attached to a licence, permit or authorisation granted or F36[issued under section 14 by the Health Products Regulatory Authority] under this Act (other than section 24) or under regulations made under this Act shall be guilty of an offence.

…

C16
Application of subs. (2) restricted (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 10(3), S.I. No. 517 of 2017.

Disapplication of sections 3, 19 and 21 of Act of 1977

10. …

(3) Section 21(2) of the Act of 1977, in so far as it relates to the possession, preparation or production of a controlled drug for immediate personal consumption by injection does not apply to an authorised user.

Onus of proof.

22.—(1) In any proceedings for an offence under this Act, it shall not be necessary to negative by evidence the existence of any—

(a) order made under section 2 F37[or 3] of this Act,

(b) licence, permit or authorisation under this Act,

and accordingly the onus of proving the existence of any such licence, permit or authorisation shall be on the person seeking to avail himself thereof.

(2) In any proceedings for an offence under this Act it shall not be necessary for the prosecutor to prove that at the time of the offence—

(a) a defendant was not a person to whom regulations made under section 4 of this Act applied,

(b) a defendant was a person to whom an exception under regulations made under section 5 of this Act applied, and

in case a defendant claims that—

(i) by virtue of the said section 4 he had lawfully in his possession a controlled drug,

(ii) he is a person to whom such an exception applied,

the onus of proving such lawful possession, or that he is such a person, as may be appropriate, shall be on the defendant.

Annotations

Amendments:

F37
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(a), S.I. No. 205 of 1984.

Power of Garda Síochána to search persons, vehicles, vessels or aircraft.

23.—(1) A member of the Garda Síochána who with reasonable cause suspects that a person is in possession in contravention of this Act of a controlled drug, may without warrant—

(a) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search,

(b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found F38[(and any substance, article or other thing on or in the vehicle, vessel or aircraft)] and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

(c) F38[examine (by opening or otherwise) and] seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

F38[(1A) Where a member of the Garda Síochána decides to search a person under this section, he may require the person to accompany him to a Garda Station for the purpose of being so searched at that station.

(1B) Where a member of the Garda Síochána decides to search a vehicle, vessel or aircraft under this section he may as regards the person who appears to him to be the owner or in control or charge for the time being of the vehicle, vessel or aircraft make any one or more or all of the following requirements:

(a) require such person, pending the commencement of the search, not to remove from the vehicle, vessel or aircraft, as may be appropriate, any substance, article or other thing,

(b) in case the decision relates to a vehicle and the place at which he finds the vehicle is in his reasonable opinion unsuitable for such search, require such person forthwith to take the vehicle or cause it to be taken to a place which he considers suitable for such search and which is specified by him,

(c) require the person to be in or on or to accompany the vehicle, vessel or aircraft, as may be appropriate, for so long as the requirement under this paragraph remains in force.

(1C) Where there is a failure to comply with a requirement made under this section the following provisions shall apply—

(a) in case the requirement was made under subsection (1A) of this section, the member of the Garda Síochána concerned may arrest without warrant the person of whom the requirement was made, and

(b) in case the requirement is a requirement mentioned in paragraph (b) of subsection (1B) of this section, such member may take the vehicle concerned, or cause it to be taken, to a place which he considers suitable for a search under this section.

(1D) Where a requirement is made of a person under this section—

(a) in case the requirement is a requirement mentioned in paragraph (c) of subsection (1B) of this section, if at any time while the requirement is in force the person of whom it was made is neither in nor on nor accompanying the vehicle, vessel or aircraft, as may be appropriate, in relation to which the requirement was made, he shall be guilty of an offence,

(b) in case of any other requirement under this section the person who fails to comply with the requirement shall be guilty of an offence.

(1E) A requirement mentioned in paragraph (c) of subsection (1B) of this section shall remain in force until the search in relation to which it is made is completed.

(1F) Where a requirement described in paragraph (a) of subsection (1B) of this section is made of a person, the search in relation to which the requirement is made shall be carried out as soon as is practicable.]

(2) Nothing in this section shall operate to prejudice any power to search, or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.

Annotations

Amendments:

F38
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 12, S.I. No. 205 of 1984.

Powers to inspect and demand production of drugs, books or documents.

24.—(1) For the purpose of enforcing this Act and regulations made thereunder, a member of the Garda Síochána or a person authorised in F39[writing in that behalf by the Minister or the Irish Medicines Board] may at all reasonable times—

(a) enter any building or other premises in which a person carries on business as a producer, manufacturer, seller or distributor of controlled drugs F40[or as a practitioner],

(b) require any such person, or any person employed in connection with such a business, to produce any controlled drugs which are in his possession or under his control,

(c) require any such person, or any person so employed, to produce any books, records or other documents F41[(including those containing any data that constitutes personal data)] which relate to transactions concerning controlled drugs and which are in his possession or under his control, and

(d) inspect any controlled drug, book, record or other document produced in pursuance of a requirement under this section.

F42[(2) For the purposes of enforcing this Act and any statutory instruments made thereunder, and without prejudice to the generality of subsection (1) of this section, a person authorised in writing in that behalf by the Council of the Pharmaceutical Society of Ireland may at all reasonable times—

(a) enter any building or premises in which a person keeps open shop for the dispensing or compounding of medical prescriptions,

(b) require any such person, or any person employed in connection with keeping such open shop for the dispensing or compounding of medical prescriptions, to produce any controlled drugs which are in his possession or under his control,

(d) inspect any controlled drug, book, record or other document produced in pursuance of a requirement under this section.

(3) Where the Minister or the Irish Medicines Board authorises a person under subsection (1) of this section, then the Minister or the Irish Medicines Board, as the case may be, shall furnish the person with a warrant of his authorisation.

(4) Where the Pharmaceutical Society of Ireland authorises a person under subsection (2) of this section, then it shall furnish the person with a warrant of his authorisation.

(5) Where—

(a) a person has been authorised by the Minister under subsection (1) of this section at any time before the commencement of this subsection,

(b) the authorisation is still in force immediately before that commencement, and

(i) the person has, before that commencement, been issued with a certificate of his authorisation, or

(ii) the person has not, before that commencement, been issued with a certificate of his authorisation,

then the Minister shall—

(d) in a case falling within paragraph (c)(i) of this subsection, furnish the person with a warrant of his authorisation upon the surrender of his certificate of authorisation,

(e) in a case falling within paragraph (c)(ii) of this subsection, as soon as reasonably practicable after that commencement, furnish the person with a warrant of his authorisation.

(6) Where a person authorised under subsection (1) or (2) of this section—

(a) claims to exercise a power by virtue of that authorisation, and

(b) is required by a person in relation to whom the power is proposed to be exercised, to produce evidence of that authorisation,

then the person so authorised shall not exercise that power until he has produced the warrant of authorisation furnished under this section to the person in relation to whom the power is proposed to be exercised.

(7) A certificate of authorisation referred to in subsection (5)(c)(i) of this section which has not been surrendered as referred to in subsection (5)(d) of this section shall be deemed to be a warrant of authorisation furnished under this section to the person to whom the certificate of authorisation was furnished, and subsection (6) of this section shall be construed accordingly.]

F43[(8) In this section—

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201613 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“personal data” means personal data within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Data Protection Act 2018.]

Annotations

Amendments:

F39
Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 9(a)(i), S.I. No. 453 of 2013.

F40
Inserted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 9(a)(ii) and (iii), S.I. No. 453 of 2013.

F41
Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 170(a), (b), S.I. No. 174 of 2018.

F42
Substituted (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 9(b), S.I. No. 453 of 2013.

F43
Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 170(c), S.I. No. 174 of 2018.

Modifications (not altering text):

C17
References to a person dispensing prescriptions for controlled drugs under the Pharmacy Acts 1875 to 1977 construed (29.11.2008) by Pharmacy Acts 2007 (20/2007), s. 75(2), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— …

(2) Any reference (however expressed) in a prior enactment to a person who is keeping open shop for the dispensing or compounding of medical prescriptions under the Pharmacy Acts 1875 to 1977—

(a) where that person is, in relation to a pharmacist, a representative within the meaning given by section 25(2), shall be construed as a reference to such a representative, and

(b) in any other case, shall be construed as a reference to a registered retail pharmacy business.

Editorial Notes:

E168
Previous affecting provision: subs. (1)(c) amended (1.12.2013) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 9(a)(ii) and (iii), S.I. No. 453 of 2013; substituted as per F-note above.

13 OJ No. L 119, 4.5.2016, p.1

Power of arrest.

25.—(1) Where with reasonable cause a member of the Garda Síochána suspects that an offence under section 15 of this Act has been committed and so suspects a person of having committed the offence, he may arrest the person without warrant.

(2) Where with reasonable cause a member of the Garda Síochána,

(a) suspects that an offence under this Act, other than an offence under section 15, has been committed or attempted, and

(b) suspects a person of having committed the offence or having made the attempt,

then if the member,

(c) with reasonable cause suspects that the person unless he is arrested either will abscond for the purposes of evading justice or will obstruct the course of justice, or

(d) having enquired of the person, has reasonable doubts as to the person’s identity or place of abode, or

(e) having enquired of the person, knows that the person does not ordinarily reside in the State, or has reasonable doubts as to whether the person so resides,

he may arrest the person without warrant.

Search warrants.

26.—(1) If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of a member of the Garda Síochána F44[or if, F45[subject to the provisions of subsections (2) and (2A) of section 8 of the Criminal Justice (Drug Trafficking) Act 1996], a member of the Garda Síochána not below the rank of superintendent is satisfied] that there is reasonable ground for suspecting that—

(a) 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

F46[(aa) 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]

(b) 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 within the meaning of section 20 of this Act and in force in that place, is in the possession of a person on any premises,

F47[such Justice, Commissioner or, as the case may be, member] may issue a search warrant mentioned in subsection (2) of this section.

F48[(2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána and such other persons as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter (if need be by force) the premises or other land named in the warrant, to search such premises or other land and any persons found therein, to examine any substance, article or other thing found thereon or therein, to inspect any book, record or other document found thereon and, if there is reasonable ground for suspecting that an offence is being or has been committed under this Act in relation to a substance, article or other thing found on such premises or other land or that a document so found is a document mentioned in subsection (1) (b) of this section or is a record or other document which the member has reasonable cause to believe to be a document which may be required as evidence in proceedings for an offence under this Act, to seize and detain the substance, article, document or other thing, as the case may be.

(3) Where any premises or other land is entered pursuant to a warrant issued under this section, the member of the Garda Síochána named in the warrant may do either or both of the following:

(a) arrest without warrant any person or persons found on such premises or other land for the purpose of searching him or them,

(b) so arrest any such person or persons and keep him or them, as may be appropriate, under arrest until such time as such of the powers of search or examination as he wishes to exercise pursuant to the warrant have been exercised by him.

(4) In this section—

“land” includes any structure on land;

“structure” means building, structure or any other thing constructed, erected, placed or made on, in or under any land.]

Annotations

Amendments:

F44
Inserted (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 8(1)(a), S.I. No. 257 of 1996.

F45
Substituted (25.07.2012) by Criminal Justice (Search Warrants) Act 2012 (33/2012), s. 2, commenced as per s. 4(2).

F46
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 13(a) and (b), S.I. No. 205 of 1984.

F47
Substituted (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 8(1)(b), S.I. No. 257 of 1996.

F48
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 13(c), S.I. No. 205 of 1984.

Modifications (not altering text):

C18
Application of section restricted by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 11, S.I. No. 517 of 2017.

Power of Garda Síochána to enter supervised injecting facility

11. Notwithstanding section 26 of the Act of 1977, a member of An Garda Síochána, whether in uniform or not, or accompanied by such other person as may be necessary, may at any time enter the premises of a supervised injecting facility without a warrant, and there make such inspection, examination, observation and enquiry as he or she may think proper for the prevention or detection of offences under the Misuse of Drugs Acts 1977 to 2016, other than offences, which pursuant to section 10, do not apply to an authorised user.

C19
Application of section restricted (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 8(2)-(3), S.I. No. 257 of 1996, as amended (25.07.2012) by Criminal Justice (Search Warrants) Act 2012 (33/2012), s. 3(1), commenced as per s. 4(2), subject to transitional provision in s. 3(2).

Search warrants.

8.— …

(2) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under the said section 26 unless he or she is satisfied—

(a) that the warrant is necessary for the proper investigation of a drug trafficking offence, and

(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court or a Peace Commissioner under the said section 26 for the issue of the warrant.

[(2A) (a) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under the said section 26 only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.

(b) In this subsection ‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation.

(2B) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under the said section 26 shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (2).]

(3) Notwithstanding subsection (2) of section 26 of the Act of 1977, a search warrant issued by a member of the Garda Síochána not below the rank of superintendent under subsection (1) of that section shall cease to have effect after a period of 24 hours has elapsed from the time of the issue of the warrant.

Penalties.

27.— F49[(1) Subject to section 28 of this Act, every person guilty of an offence under section 3 of this Act shall be liable—

(a) 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:

(i) in the case of a first offence,

(I) on summary conviction, to a fine not exceeding £300, or

(II) on conviction on indictment, to a fine not exceeding £500,

(ii) in the case of a second offence,

(I) on summary conviction, to a fine not exceeding £400, or

(II) on conviction on indictment, to a fine not exceeding £1,000,

(iii) in the case of a third or subsequent offence,

(I) 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

(II) 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;

(b) in any other case—

(i) 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

(ii) 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 seven years, or to both the fine and the imprisonment.

(2) Subject to section 28 of this Act, every person guilty of an offence under section 6, 7, 16, 17, 19 or 20 of this Act shall be liable—

(a) 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

(b) 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 fourteen years, or to both the fine and the imprisonment.

(3) Subject to section 28 of this Act, every person guilty of an offence under section 15 of this Act shall be liable—

(a) 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

(b) 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 life or such lesser period as the court shall determine, or, at such discretion, to both such fine and such lesser period of imprisonment.

F50[(3A) Every person guilty of an offence under section 15A or 15B of this Act shall be liable, on conviction on indictment—

(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (3C) and (3D) of this section F51[…], and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3B) The court, in imposing sentence on a person for an offence under section 15A or 15B of this Act, may, in particular, have regard to whether the person has a previous conviction for a drug trafficking offence.

(3C) Where a person (other than a person under the age of 18 years) is convicted of an offence under section 15A or 15B of this Act, the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person.

(3D) (a) The purpose of this subsection is to provide that in view of the harm caused to society by drug trafficking, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under section 15A or 15B of this Act, shall specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of the offence, it would be unjust in all the circumstances to do so.

(b) Subsection (3C) of this section shall not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of the offence, which would make a sentence of not less than 10 years imprisonment unjust in all the circumstances and for that purpose the court may, subject to this subsection, have regard to any matters it considers appropriate, including—

(i) whether that person pleaded guilty to the offence and, if so—

(I) the stage at which he or she indicated the intention to plead guilty, and

(II) the circumstances in which the indication was given,

and

(ii) whether that person materially assisted in the investigation of the offence.

(c) The court, in considering for the purposes of paragraph (b) of this subsection whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(i) whether the person convicted of the offence concerned was previously convicted of a drug trafficking offence, and

(ii) whether the public interest in preventing drug trafficking would be served by the imposition of a lesser sentence.

(3E) Subsections (3C) and (3D) of this section apply and have effect only in relation to a person convicted of a first offence under section 15A or 15B of this Act (other than a person who falls under paragraph (b) of subsection (3F) of this section), and accordingly references in those first-mentioned subsections to an offence under section 15A or 15B of this Act are to be construed as references to a first such offence.

(3F) Where a person (other than a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under section 15A or 15B of this Act, or

(b) is convicted of a first offence under one of those sections and has been convicted under the other of those sections,

the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person.

(3G) The power conferred by section 23 of the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised before the expiry of the minimum term specified by the court under subsection (3C) F51[…] of this section less any reduction of that term under subsection (3H) of this section.

(3H) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed under subsection (3A) of this section and the minimum term specified by the court under subsection (3C) of this section shall be reduced by the amount of any remission so earned by the person.

(3I) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960 to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised during the term for which the commutation or remission of his or her punishment is prohibited by subsection (3G) of this section unless for a grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by such reason.

(3J) In imposing a sentence on a person convicted of an offence under section 15A or 15B of this Act, a court—

(a) may inquire whether at the time of the commission of the offence the person was addicted to one or more controlled drugs, and

(b) if satisfied that the person was so addicted at that time and that the addiction was a substantial factor leading to the commission of the offence, may list the sentence for review after the expiry of not less than one-half of the term specified by the court under subsection (3C) F51[…] of this section.

(3K) On reviewing a sentence listed under subsection (3J)(b) of this section, the court—

(a) may suspend the remainder of the sentence on any conditions it considers fit, and

(b) in deciding whether to exercise its powers under this subsection, may have regard to any matters it considers appropriate.

(3L) Paragraph (a) of section 13(2) of the Criminal Procedure Act 1967 shall not apply in relation to an offence under section 15A or 15B of this Act, but each of those offences shall be deemed for the purposes of paragraph (b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies.

(3M) The reference in subsection (3I) of this section to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970.

(3N) In subsections (3B) and (3D) of this section “drug trafficking offence” has the meaning it has in section 3(1) of the Criminal Justice Act 1994 and in subsection (3D) of this section “drug trafficking” has the meaning it has in the said section 3(1).]

(4) Subject to section 28 of this Act, every person guilty of an offence under section 18 of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £400 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or

(b) 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.

(5) Every person guilty of an offence under section 21 (1) of this Act shall be liable to be punished on summary conviction as if he were guilty of the substantive offence and in case a penalty on conviction on indictment is provided by this Act in relation to the substantive offence, he shall be liable to be proceeded against on indictment and, if convicted, punished as if he were convicted on indictment of the substantive offence.

(6) Every person guilty of an offence under section 21 (2) of this Act shall be liable—

(a) in case the regulation in relation to which the offence was committed is a regulation made pursuant to section 5 (1) (a) of this Act, other than a regulation regulating the transportation of controlled drugs,

(i) 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

(ii) 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 fourteen years, or to both the fine and the imprisonment, and

(b) in case the regulation in relation to which the offence was committed is a regulation made otherwise than under the said section 5 (1) (a) or is a regulation regulating the transportation of controlled drugs—

(i) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or

(ii) 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 two years, or to both the fine and the imprisonment.

(7) Every person guilty of an offence under section 21 of this Act, other than an offence mentioned in subsection (1) or subsection (2) of that section, shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.

(8) Every person guilty of an offence under paragraph (a) or (b) of subsection (1D) of section 23 of this Act, as amended by section 12 of the Misuse of Drugs Act, 1984, shall be liable on summary conviction to a fine not exceeding £200.

(9) Every person guilty of an offence under section 5 of the Misuse of Drugs Act, 1984, shall on summary conviction be liable—

(a) in case the offence is an offence under subsection (2) of that section, to a fine not exceeding £1,000,

(b) in any other case, to a fine not exceeding £500.]

(10) F52[…]

(11) F52[…]

(12) In this section—

“relevant controlled drug” means the controlled drug in relation to which the offence was committed;

“substantive offence” means the offence under this Act to which the attempt or, as the case may be, the aiding, abetting, counselling, procuring, soliciting or incitement was directed.

Annotations

Amendments:

F49
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 6, S.I. No. 205 of 1984.

A fine of £300 converted (1.01.1999) to €380.92. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 3, S.I. No. 662 of 2010.

A fine of £500 converted (1.01.1999) to €634.86. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.

A fine of £400 converted (1.01.1999) to €507.90. This translates into a Class D fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 3, S.I. No. 662 of 2010.

A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.

A fine of £200 converted (1.01.1999) to €253.95. This translates into a Class E fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.

F50
Substituted and inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 33, S.I. No. 236 of 2007.

F51
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 6(i)-(iii), S.I. No. 777 of 2021.

F52
Repealed (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 6, S.I. No. 205 of 1984.

Editorial Notes:

E169
Person serving sentence of imprisonment under subs. (3A) in respect of which the court specified a minimum term of imprisonment to be served by the person pursuant to subs. (3C) or (3F) excluded from eligibility for parole (30.07.2021) by Parole Act 2019 (28/2019), s. 24(12), S.I. No. 405 of 2021.

E170
Previous affecting provision: subs. (3A) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 84(a), S.I. No. 390 of 2006; substituted as per F-note above.

E171
Previous affecting provision: subs. (3AA) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 84(b), S.I. No. 390 of 2006; substituted as per F-note above.

E172
Previous affecting provision: subs. (3B) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 84(c), S.I. No. 390 of 2006; substituted as per F-note above.

E173
Previous affecting provision: subss. (3CC)-(3CCCC) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 84(d), S.I. No. 390 of 2006; substituted as per F-note above.

E174
Previous affecting provision: subs. (3I) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 84(e), S.I. No. 390 of 2006; substituted as per F-note above.

E175
Previous affecting provision: subs. (3K) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 84(f), S.I. No. 390 of 2006; substituted as per F-note above.

E176
Previous affecting provision: subss. (3A)-(3J) inserted (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 5, S.I. No. 154 of 1999; substituted as per F-note above.

Power of court to remand persons convicted under section 3, 15, 16, 17 or 18 and to obtain a report and in certain cases to arrange for the medical treatment or for the care of such persons.

28.—(1) (a) Where a person is convicted of an offence under section 3 of this Act, other than a first or second offence in relation to which a penalty may be imposed under section 27 (1) (a) of this Act, or an offence under section 15 or 16 of this Act, or of attempting to commit any such offence, F53[if, having regard to the circumstances of the case, the court considers it appropriate so to do, the court may] remand the person for such period as it considers necessary for the purposes of this section (being a period not exceeding eight days in the case of a remand in custody), and request F54[the Health Service Executive], F53[probation and welfare] officer or other body or person, considered by the court to be appropriate, to—

(i) cause to be furnished to the court a medical report in writing on the convicted person together with such recommendations (if any) as to medical treatment which the person making the report considers appropriate to the needs F55[, arising because of his being dependent on drugs,] of the convicted person, and

(ii) furnish to the court a report in writing as to the vocational and educational circumstances and social background of the convicted person together with such recommendations (if any) as to care which the body or person making the report considers appropriate to the said needs.

(b) Where a person is convicted of a first or second offence under section 3 of this Act in relation to which a penalty may be imposed under the said section 27 (1) (a) or an offence under section 17 or 18 of this Act, or of attempting to commit any such offence, and the court, having regard to the circumstances of the case, considers it appropriate so to do, the court may remand the person F56[on bail or, unless a penalty falls to be imposed on the person under paragraph (a) of section 27 (1) of this Act, in custody] for such period as it considers necessary for the purposes of this section, and request F54[the Health Service Executive], F56[probation and welfare] officer or other body or person, considered by the court to be appropriate, to—

(2) Having considered the reports furnished pursuant to subsection (1) of this section, the court shall, if in its opinion the welfare of the convicted person warrants its so doing, instead of imposing a penalty under section 27 of this Act, but subject to subsection (8) of this section either—

(a) permit the person concerned to enter into a recognisance containing such of the following conditions as the court considers appropriate having regard to the circumstances of the case and the welfare of the person, namely—

(i) a condition that the person concerned be placed under the supervision of such body (including F54[the Health Service Executive]) or person as may be named in the order and during a period specified in the order,

F57[(ia) in case the person concerned is placed under such supervision, a condition requiring such person, at the place at which he normally resides or at such other place as may be specified in the order and during such period and at such intervals as shall be so specified, to receive visits from and permit visits by—

(I) in case such person is placed under the supervision of a body, an officer of that body,

(II) in case such person is placed under the supervision of a person, that person,]

(ii) a condition requiring such person to undergo medical F58[or other] treatment recommended in the report,

(iii) a condition requiring such person for such treatment to attend or remain in a hospital, clinic or other place specified in the order for a period so specified,

(iv) a condition requiring the person to attend a specified course of education, instruction or training, being a course which, if undergone by such person, would, in the opinion of the court, improve his vocational opportunities or social circumstances, facilitate his social rehabilitation or reduce the likelihood of his committing a further offence under this Act, or

(b) order that the person be detained in custody in a designated custodial treatment centre for a period not exceeding the maximum period of imprisonment which the court may impose in respect of the offence to which the conviction relates, or one year, whichever is the shorter.

(3) A court may, if it thinks fit, consider otherwise than in public—

(a) a report under subsection (1) of this section,

(b) whether or not it will permit a person to enter into a recognisance mentioned in subsection (2) of this section, or

(4) In any proceedings in which a report furnished under subsection (1) of this section is considered, the court may, if it believes that it is in the interests of the person concerned not to know the contents of the report, withhold from him the report, but the foregoing shall not be construed as preventing any barrister or solicitor who appears on such person’s behalf in the proceedings seeing the report or, if thought fit, questioning or commenting on any of its contents in the proceedings.

(5) Where it is alleged to the court that a person has been in breach of a recognisance entered into by him under subsection (2) of this section, the court, notwithstanding the decision by it under the said subsection (2), may direct that the person be brought before the court, and, if satisfied that the person has been in breach of the recognisance, may estreat the recognisance and, subject to subsection (8) of this section, either make in respect of the person an order referred to in paragraph (b) of subsection (2) of this section or proceed to deal with the case in accordance with the provisions of section 27 of this Act as if the decision had not been made.

(6) If at any time during a period of detention in a designated custodial treatment centre it appears to the court, on an application made by or on behalf either of the prosecutor or the person who is being detained, or on receipt of a message, in a form approved of by the Minister, from an authorised medical practitioner F59[or the person who is for the time being in charge of such centre], that the person being detained under this Act is not then, or may not then be, in further need of the treatment or care of which the court formerly considered him to be in need, or that his continued detention in custody in the designated custodial treatment centre is not then, or may not then be, in his best interests or in the best interests of other persons in that centre, the court, notwithstanding its decision under subsection (2) of this section, may order the person to be brought before the court.

(7) Where a person is brought before the court pursuant to an order under subsection (6) of this section, the court may inquire into the case and hear such evidence as it considers relevant, and if, having considered the circumstances of the case, the court is satisfied that the person is not then in further need of the treatment or care referred to in subsection (6) of this section, or that his continued detention in custody in the designated custodial treatment centre would not be in his best interests or in the best interests of other persons in that centre, the court, notwithstanding its decision under subsection (2) of this section, may revoke the relevant order made by it under the said subsection (2) and, subject to subsection (8) of this section,

(a) permit the person to enter into a recognisance described in the said subsection (2) if the court is of the opinion that the welfare of the person warrants its so doing, or

(b) order the person to be detained for a period not exceeding the unexpired portion of the period specified in the revoked order in a custodial treatment centre other than that so specified, or

(d) where it considers it appropriate so to do and subject to subsection (9) of this section, proceed to deal with the offence in accordance with section 27 of this Act.

(8) The court shall not under this section either,

(a) permit a person to enter into a recognisance containing a condition requiring him for F60[medical or other treatment] to remain in a specified hospital, clinic or other place, or

(b) order a person to be detained in a custodial treatment centre,

unless, after consultation with, or consideration of a report of, either the F60[the medical practitioner or other person] in charge of the hospital, clinic, custodial treatment centre or other place concerned or a medical practitioner nominated by F60[the medical practitioner or other person] so in charge, the court is satisfied that the giving or making of the permission or order would be an appropriate course having regard to the needs of the person and would not prejudicially affect the ability of such hospital, clinic, custodial treatment centre or other place to provide for the treatment or care of persons.

(9) In case a court decides, pursuant to subsection (7) of this section, to impose a sentence of imprisonment under section 27 of this Act, the period of imprisonment which may be so imposed shall not exceed the period by which the maximum term of imprisonment which that court could otherwise have imposed under the said section 27 for the offence of which the person was convicted exceeds the period already spent by him in custody on foot of the order revoked by the court.

(10) The Minister may by order designate an institution which in his opinion is suitable for the medical treatment or the care of persons in respect of whom an order may be made under this section, or a specified part of such an institution, as a designated custodial treatment centre for the purpose of this section.

(11) In this section—

“authorised medical practitioner” means a registered medical practitioner authorised for the purposes of this section by the Minister in writing or a registered medical practitioner of a class specified by the Minister as being authorised for the said purposes;

F61[“probation and welfare officer” means an officer employed in the probation and welfare service of the Department of Justice;]

F62[…]

Annotations

Amendments:

F53
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(b) and (d), S.I. No. 205 of 1984.

F54
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 pt. 7 item 1(a)-(c), S.I. No. 887 of 2004.

F55
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(c), S.I. No. 205 of 1984.

F56
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(e), S.I. No. 205 of 1984.

F57
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(f), S.I. No. 205 of 1984.

F58
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(g), S.I. No. 205 of 1984.

F59
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(h), S.I. No. 205 of 1984.

F60
Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(i), S.I. No. 205 of 1984.

F61
Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 14(j), S.I. No. 205 of 1984.

F62
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 pt. 7 item 1(d), S.I. No. 887 of 2004.

Modifications (not altering text):

C20
Reference to a registered medical practitioner construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

Editorial Notes:

E177
Subss. (2)-(9) applied with modifications where a person is convicted of an offence under Misuse of Drugs Act 1984, s. 7 (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 8, S.I. No. 205 of 1984.

E178
Power pursuant to subs. (10) exercised (1.02.1980) by Misuse of Drugs (Custodial Treatment Centre) Order 1980 (S.I. No. 30 of 1980).

Defences generally.

29.—F63[(1) In any proceedings for an offence under this Act or an offence under section 34 of the Criminal Justice Act, 1994 in which it is proved that the defendant had in his possession or supplied a controlled drug, the defendant shall not be acquitted of the offence charged by reason only of proving that he neither knew nor suspected nor had reason to suspect that the substance, product or preparation in question was the particular controlled drug alleged.]

(2) In any such proceedings in which it is proved that the defendant had in his possession a controlled drug, or a forged prescription, or a duly issued prescription altered with intent to deceive, it shall be a defence to prove that—

(a) he did not know and had no reasonable grounds for suspecting—

(i) that what he had in his possession was a controlled drug or such a prescription, as may be appropriate, or

(ii) that he was in possession of a controlled drug or such a prescription, as may be appropriate, or

(b) he believed the substance, product or preparation to be a controlled drug, or a controlled drug of a particular class or description, and that, if the substance, product or preparation had in fact been that controlled drug or a controlled drug of that class or description, he would not at the material time have been committing an offence under this Act, or

(i) preventing another from committing or continuing to commit an offence in relation to the drug or document, as may be appropriate, or

(ii) delivering it into the custody of a person lawfully entitled to take custody of it,

and that as soon as practicable he took all such steps as were reasonably open to him to destroy the drug or document or to deliver it into the custody of such a person.

F64[(3) In any proceedings for an offence under section 15 or 15A, or subsection (1)(d) of section 15C, of this Act, a defendant may rebut the presumption raised by subsection (2) of the said section 15 or 15A or subsection (3) of the said section 15C, as the case may be, by showing that at the time of the alleged offence, he or she was by virtue of regulations made under section 4 of this Act lawfully in possession of the controlled drug or drugs to which the proceedings relate.]

(4) In any proceedings for an offence under section 19 of this Act it shall be a defence to show that the defendant took steps to prevent the occurrence or continuance of the activity or contravention to which the alleged offence relates and that, in the particular circumstances, the steps were taken as soon as practicable and were reasonable.

(5) In any proceedings for an offence under section 16, 17 or 21 (2) of this Act, it shall be a defence for the defendant to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecutor which it is necessary for the prosecutor to prove if he is to be convicted of the offence charged.

(6) In any proceedings for an attempt to commit an offence under this Act the defences mentioned in subsection (2) or (5) of this section shall, with the necessary modifications, be open to the defendant.

(7) Subject to subsection (1) of this section nothing in this section shall prevent a person raising a defence which, apart from this section, would be open to him to raise in proceedings for an offence under this Act.

Annotations

Amendments:

F63
Substituted (15.11.1996) by Criminal Justice Act 1994 (15/1994), s. 34(5), S.I. No. 333 of 1996.

F64
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 85, S.I. No. 390 of 2006.

Editorial Notes:

E179
Previous affecting provision: subs. (3) substituted (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 6, S.I. No. 154 of 1999; substituted as per F-note above.

Forfeiture.

30.—F65[(1) Subject to subsection (2) of this section, a court by which a person is convicted of an offence under this Act or a drug trafficking offence (within the meaning of the Criminal Justice Act, 1994), may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit.]

(2) A court shall not order anything to be forfeited under this section if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

Annotations

Amendments:

F65
Substituted (14.11.1994) by Criminal Justice Act 1994 (15/1994), s. 62, S.I. No. 324 of 1994.

Offences in relation to bodies corporate.

31.—Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, such person shall also be guilty of the offence.

Poisons for purposes of Pharmacy Acts, 1875 to 1962.

32.—F66[…]

Annotations

Amendments:

F66
Repealed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 4 and sch. 4, S.I. No. 487 of 2008.

Misuse Of Drugs (Prescription And Control Of Supply Of Cannabis For Medical Use) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th June, 2019.

I, Simon Harris, Minister for Health, in exercise of the powers conferred on me by sections 4 and 5 (as amended by section 15 of the Misuse of Drugs Act 1984 (No. 18 of 1984), and section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following regulations:

PART 1

PRELIMINARY

Citation

1. These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019.

Definitions

2. In these Regulations–

“adverse reaction” means a response to a specified controlled drug which is noxious and unintended;

“Authority” means the Health Products Regulatory Authority;

“CMUR number” means the number assigned to a person under Regulation 5(4) on entry of the person’s name in the Cannabis for Medical Use Register;

“Cannabis for Medical Use Register” means the register established and maintained by the Executive pursuant to Regulation 5;

“Directive 2001/83/EC” means Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20011 ;

“Executive” means the Health Service Executive;

“medical consultant” means a registered medical practitioner who—

(a) is registered on the Specialist Division of the register of medical practitioners established and maintained by the Medical Council under section 43 of the Medical Practitioners Act 2007 (No. 25 of 2007), and

(b) by reason of his or her training, skill and experience in a medical specialty recognised by the Medical Council under section 89(1) of that Act related to a specified therapeutic indication, is consulted by other registered medical practitioners and has a continuing clinical and professional responsibility for that aspect of the patient’s care on which he or she has been consulted;

“medicinal product” has the meaning assigned to it by Directive 2001/83/EC, as amended from time to time;

“Member State” means a state which is a contracting party to the Agreement on the European Economic Area signed in Oporto on 2 May 1992, as adjusted by the Protocol to that Agreement done at Brussels on 17 March 19932 ;

“person carrying on a retail pharmacy business” means a person carrying on a retail pharmacy business in accordance with section 26(1) of the Pharmacy Act 2007 (No. 20 of 2007);

“practitioner” means a registered medical practitioner;

“Principal Act” means the Misuse of Drugs Act 1977 (No. 12 of 1977);

“Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 );

“prescription” means a prescription issued by a practitioner in compliance with Regulation 15 of the Principal Regulations;

“produce”, where the reference is to producing or production of a specified controlled drug, means produce by cultivation, manufacture, synthesis or any other method;

“registration number” has the meaning assigned to it by the Principal Regulations;

“retail pharmacy business” has the meaning assigned to it by the Pharmacy Act 2007 ;

“serious adverse reaction” means an adverse reaction which results in death, is life-threatening, requires in-patient hospitalisation or prolongation of existing hospitalisation, results in persistent or significant disability or incapacity, or is a congenital anomaly/birth defect;

“specified controlled drug” means a cannabis product or preparation—

(a) which is produced from dried, ground or powdered flower of Cannabis,

(b) which is not a medicinal product which is the subject of a marketing authorisation within the meaning assigned to that term in Regulation 3(1) of the Medicinal Products (Control of Placing on the Market) Regulations 2007 ( S.I. No. 540 of 2007 ),

(i) Contains not more than 230 milligrams of tetrahydrocannabinol per gram and not more than 5 grams per pack, or

(ii) is presented as an oil-based solution, suspension or capsule, and has a concentration of not more than 30 milligrams of tetrahydrocannabinol per millilitre (3% w/v) per unit dose and a total volume of not more than 60 millilitres,

(d) which is permitted to be sold or supplied for medical purposes by the relevant public or state body of a Member State other than the State,

(e) which is currently supplied to patients in the Member State referred to in sub-paragraph (d),

(f) which is packaged and labelled in the English language and in accordance with guidance on labelling and packaging as published by the Authority, and

(g) which is specified in Schedule 1;

“specified therapeutic indication” means a therapeutic indication specified in Schedule 2.

PART 2

PRESCRIPTION AND SUPPLY UNDER CANNABIS FOR MEDICAL USE REGISTER

Scope of Part 2

3. This Part does not apply to the prescribing of a particular specified controlled drug pursuant to a licence issued by the Minister under section 14 of the Principal Act, or to the importation, possession, supply or administration of such drug pursuant to such licence.

Restrictions on issuing of prescriptions for specified controlled drugs

4. (1) A practitioner shall not issue a prescription for a specified controlled drug other than where—

(a) the practitioner is a medical consultant,

(b) the practitioner’s name and address are included on the prescription, and

(2) A practitioner shall not issue a prescription for a specified controlled drug other than to a person whose name has been entered in the Cannabis for Medical Use Register and who has received a CMUR number from the Executive.

(3) Subject to paragraph (5), a practitioner shall not issue a prescription for a specified controlled drug other than in a format prescribed by the Executive for that purpose.

(4) Subject to paragraph (5), a practitioner shall not issue a prescription for a specified controlled drug without including in the prescription the CMUR number of the person to whom the prescription is to be issued.

(5) Paragraphs (3) and (4) do not apply in the case of supply of a specified controlled drug pursuant to Regulation 6(3)(a).

(6) A practitioner shall not issue a prescription for a specified controlled drug for the first time to a person under his or her care unless—

(a) the specified controlled drug is intended to treat that person for a specified therapeutic indication, and

(b) the practitioner has notified the Executive, in such form as it may require, including electronically, of—

(i) the name, address, date of birth and specified therapeutic indication of the person,

(ii) the name, registration number and medical specialty of the notifying practitioner, and

(iii) such additional information as the Executive may require.

(7) A practitioner issuing a prescription for a specified controlled drug for use by his or her individual patient does so under his or her direct responsibility in order to fulfil the special needs of that patient.

(8) The fact that a product is a specified controlled drug is not an endorsement of the safety, quality or efficacy of the specified controlled drug and the Minister shall have no liability in respect of the use of a specified controlled drug by a person issued with a prescription under this Regulation.

Cannabis for Medical Use Register

5. (1) The Executive shall establish and maintain a register, to be known as the “Cannabis for Medical Use Register”, which shall contain the information notified to it under Regulation 4(6)(b), and such register may be maintained in electronic form.

(2) The Executive may amend an entry in, or delete an entry from, the Cannabis for Medical Use Register.

(3) The Executive may, before inserting, amending or deleting an entry in the Cannabis for Medical Use Register, require the medical consultant supervising the treatment to provide such additional information as is considered necessary.

(4) The Executive shall assign a number (“CMUR number”) to each person whose name is entered in the Cannabis for Medical Use Register under this Regulation.

Supply of specified controlled drugs

6. (1) A person shall not supply a specified controlled drug to a practitioner unless the person supplying is—

(a) a pharmacist acting in his or her capacity as such, or

(b) a person carrying on a retail pharmacy business,

and the supply is made for the purpose of his or her profession or business.

(2) A person shall not supply a specified controlled drug to a person other than a practitioner unless the person supplying is—

(a) a pharmacist acting in his or her capacity as such, or

(b) a person carrying on a retail pharmacy business,

and the supply is made—

(i) for the purpose of his or her profession or business,

(ii) in the case of a person referred to in subparagraph (b), at the premises at which he or she carries on such business,

(iii) by or under the personal supervision of a pharmacist, and

(iv) on a prescription issued by a practitioner in accordance with Regulation 4.

(3) A person supplying specified controlled drugs in a hospital shall not supply a specified controlled drug prescribed in the hospital other than—

(a) for administration in the hospital, to the person to whom the prescription relates, or

(b) for supply from the hospital, in exceptional circumstances, to the person to whom the prescription relates and who has attended the hospital—

(i) as an in-patient, or

(ii) for the treatment of a specified therapeutic indication.

(4) All references to a “medicinal product” in Regulation 9 of the Medicinal Products (Prescription and Control of Supply) Regulations 2003 ( S.I. No. 540 of 2003 ), as amended from time to time, shall be construed as a reference to a specified controlled drug, and a person shall not dispense or supply a specified controlled drug other than in accordance with the requirements of that provision.

(5) All references to a “medicinal product” in Regulations 5(1)(d) and 9 of the Regulation of Retail Pharmacy Businesses Regulations 2008 ( S.I. No. 488 of 2008 ), as amended from time to time, shall be construed as a reference to a specified controlled drug, and a person shall not dispense or supply a specified controlled drug other than in accordance with the requirements of that provision.

(6) A person supplying a specified controlled drug shall not make the drug accessible to the public for self-selection.

Record keeping by suppliers of specified controlled drugs

7. A person carrying on a retail pharmacy business shall preserve and keep readily available for inspection at the premises at which he or she carries on such business, in relation to each supply of a specified controlled drug by his or her business—

(a) the prescription, or a copy thereof, and

(b) the following particulars:

(i) the date on which the supply was made;

(ii) the name, quantity and, except where this is apparent from the name, the dosage form and strength of the specified controlled drug supplied;

(iii) the dose of the specified controlled drug supplied;

(iv) the name, address and registration number of the prescriber;

(v) the CMUR number, name and address of the person for whom the specified controlled drug is prescribed; and

(vi) the date of the prescription.

Information to be furnished to the Executive in relation to the supply of specified controlled drugs

8. A person supplying a specified controlled drug pursuant to Regulation 6 shall forward to the Executive, in respect of each supply of the drug—

(a) his or her name and address,

(b) the name and address of the person who supplied him or her with the specified controlled drug,

(d) any further information required by the Executive,

in such form as the Executive may require, not later than 14 days after the last day of the calendar month in which the supply took place.

Recording of supply of specified controlled drugs by the Executive

9. (1) The Executive shall maintain a record of all particulars of supply of specified controlled drugs received under Regulation 8 and the record may be maintained in an electronic form.

(2) Subject to paragraph (3), the Executive may amend an entry in or delete an entry from a record referred to in paragraph (1).

(3) Each record referred to in paragraph (1) shall be preserved for a period not less than five years from the date of receipt of the particulars recorded.

PART 3

COMMERCIAL SUPPLY UNDER LICENCE

Scope of this Part

10. (1) Subject to paragraph (2), this Part applies to the supplying or importing of a specified controlled drug by the holder of a licence issued by the Minister under section 14 of the Principal Act.

(2) This Part does not apply to the supplying or importation of a particular specified controlled drug where the prescribing of that specified controlled drug is pursuant to a licence issued by the Minister under section 14 of the Principal Act.

Restriction on supply of specified controlled drugs

11. A person shall not supply a specified controlled drug unless the person being supplied is—

(a) a pharmacist acting in his or her capacity as such,

(b) a person carrying on a retail pharmacy business, or

and, in the case of supply to a person referred to in paragraph (a) or (b), the supply is made for the purpose of the profession or business of the person supplied.

Record keeping by persons supplying or importing specified controlled drugs

12. (1) A person supplying or importing a specified controlled drug shall, in the case of each consignment of the drug received by him or her, make, and keep available for review by the Minister for a period of not less than five years from the date of receipt, written records showing the following particulars:

(a) the name of the drug, including the brand name as detailed on the product packaging;

(b) the dosage form of the drug;

(d) the batch number of the drug which has been received; and

(e) the name and address of the producer of that specified controlled drug in the form in which it was received and the name and address of the supplier of each consignment.

(2) A person supplying or importing a specified controlled drug shall, in the case of each consignment of the drug supplied by him or her, make, and keep available for review by the Minister for a period of not less than five years from the date of supply, written records showing the following particulars:

(a) the name of the drug, including the brand name as detailed on the product packaging;

(b) the dosage form of the drug;

(d) the batch number of the drug which has been supplied; and

(e) the name and address of the person to whom the drug has been supplied.

Prohibition of exporting imported specified controlled drugs

13. A person who imports a specified controlled drug shall not export that specified controlled drug outside of the State.

PART 4

REPORTING, ENFORCEMENT AND ADVERTISING

Scope of Part 4

14. This Part applies to a person prescribing, supplying or importing a specified controlled drug within the scope of Part 2 or Part 3.

Reporting of suspected adverse reactions and quality defects

15. (1) A person shall—

(a) make a detailed report of any suspected adverse reaction to the specified controlled drug which is brought to his or her attention,

(b) report to the Authority any suspected serious adverse reaction no later than 15 days following receipt of the information concerned, and any other adverse reaction no later than 90 days following receipt of the information concerned, and

(2) A person shall make a detailed report to the Authority on any critical or serious quality defect in a timely manner but no later than 15 days following receipt of the information concerned, and on any other quality defect no later than 90 days following receipt of the information concerned of any quality defects, coming to his or her attention, in respect of a specified controlled drug.

(3) Where a report is made to the Authority under this Regulation, such report shall, except in exceptional circumstances, be communicated electronically to the Authority and shall be in the form of a report prepared and presented in accordance with guidelines to be provided by the Authority.

(4) A person who makes a report under this Regulation shall retain written records of the adverse reaction or quality defect for a period of not less than 5 years after he or she becomes aware of same.

Withdrawal and recall of specified controlled drugs

16. (1) Where the Authority becomes aware of quality or safety issues relating to a specified controlled drug, or a batch or part of a batch thereof, it may direct the withdrawal and recall of the specified controlled drug from the market.

(2) Where a person prescribing, supplying or importing a specified controlled drug under Part 2 or Part 3 considers that there may be grounds for the withdrawal and recall of the specified controlled drug from the market under this Regulation, he or she shall immediately inform the Authority.

Prohibition on prescribing, supplying or importing

17. A person prescribing, supplying or importing a specified controlled drug under Part 2 or Part 3 shall cease such action if he or she has received a notice in writing from the Minister or from the Authority directing that, as from a date specified in that notice, the specified controlled drug shall no longer be supplied or imported.

Restrictions on advertising of specified controlled drugs

18. (1) A person shall not issue an advertisement or representation relating to a specified controlled drug with a view to it being seen by the general public in the State.

(2) A person shall not supply information relating to a specified controlled drug otherwise that in response to a bona fide unsolicited order.

SCHEDULE 1

Regulation 2

Specified Controlled Drugs

Name of Cannabis product or preparation and brand name

Dosage form

Concentration of THC (percentage, weight/weight or weight/volume)

Name of manufacturer/supplier

SCHEDULE 2

Regulation 2

Specified therapeutic indications

1. Spasticity associated with multiple sclerosis resistant to all standard therapies and interventions.

2. Intractable nausea and vomiting associated with chemotherapy, despite the use of standard anti-emetic regimes.

3. Severe, refractory epilepsy that has failed to respond to standard anticonvulsant medications.

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GIVEN under my Official Seal,

26 June 2019.

SIMON HARRIS

Minister for Health

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to allow certain cannabis products or preparations for medical use to be prescribed and supplied under certain circumstances for the treatment of persons with certain medical conditions under the care of a medical consultant.

These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019.

1 OJ No. L 311, 28.11.2001, p. 67.

2 OJ No. L 1, 3.1.1994, p. 572.

S.I. No. 505/2020 – Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th November, 2020.

I, Stephen Donnelly, Minister for Health, in exercise of the powers conferred on me by sections 4 and 5 (as amended by section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following regulations:

1. These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020.

2. The Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 ) are amended by substituting for Schedule 1 (as amended by Regulation 2 of the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 ( S.I. No. 649 of 2019 )) the following:

“SCHEDULE 1

Regulation 2

Specified Controlled Drugs

Name of Cannabis product or preparation and brand name

Dosage form

Concentration of THC (percentage, weight/weight or weight/volume)

Name of manufacturer

Aurora High CBD Oil Drops

Oral solution

Less than 3% w/v (< 30mg/ml)

This product also contains cannabidiol (CBD) 60% w/v (600mg/ml)

Aurora Cannabis Enterprises Inc.

4439 Township Road 304,

Cremona, Alberta,

Canada, T0M 0R0

CannEpil ™

Oral solution

0.5% w/v (5mg/ml)

This product also contains cannabidiol (CBD) 10% w/v (100mg/ml)

MGC Pharmaceuticals d.o.o.,

Kamniška ulica 29, 1000, Ljubljana, Slovenia

Tilray Oral Solution THC10:CBD10 25ml

Oral solution

1% w/v (10mg/ml)

This product also contains cannabidiol (CBD) 1% w/v (10mg/ml)

Tilray Canada Ltd., 1100 Maughan Road, Nanaimo, BC, V9X 1J2, Canada

Aurora Sedamen Softgels

Capsules

5mg/capsule

This product also contains cannabidiol (CBD) less than 0.2mg/capsule

Aurora Cannabis Enterprises Inc.

4250 14th Avenue,

Markham, Ontario, Canada

L3R 0J3

”.

3. The following are revoked:

(a) the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 ( S.I. No. 583 of 2019 ); and

(b) the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019.

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GIVEN under my Official Seal,

29 October, 2020.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to amend the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 to replace Schedule 1 in order to list certain cannabis products or preparations for medical use as “specified controlled drugs”.

These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020.

S.I. No. 557/2021 –

Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th October, 2021.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 4 and 5 (as amended by section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following regulations:

1. These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021.

“SCHEDULE 1

Regulation 2

Specified Controlled Drugs

Name of Cannabis product or preparation and brand name

Dosage form

Concentration of THC (percentage, weight/weight or weight/volume)

Name of manufacturer

Aurora High CBD Oil Drops

Oral solution

Less than 3% w/v (< 30mg/ml)

This product also contains cannabidiol (CBD) 60% w/v (600mg/ml)

Aurora Cannabis Enterprises Inc.,

4439 Township Road 304,

Cremona, Alberta,

Canada, T0M 0R0

CannEpil ™

Oral solution

0.5% w/v (5mg/ml)

This product also contains cannabidiol (CBD) 10% w/v (100mg/ml)

MGC Pharmaceuticals d.o.o.,

Kamniška ulica 29, 1000, Ljubljana, Slovenia

Tilray Oral Solution THC10:CBD10 25ml

Oral solution

1% w/v (10mg/ml)

This product also contains cannabidiol (CBD) 1% w/v (10mg/ml)

Tilray Canada Ltd., 1100 Maughan Road, Nanaimo, BC, V9X 1J2, Canada

Aurora Sedamen Softgels

Capsules

5mg/capsule

This product also contains cannabidiol (CBD) less than 0.2mg/capsule

Aurora Cannabis Enterprises Inc.

4250 14th Avenue,

Markham, Ontario, Canada

L3R 0J3

Oleo Bedrobinol

Dried Flower

13.5% w/w (135mg/g)

This product also contains cannabidiol (CBD) less than 1.0% w/w (less than 10mg/g)

Bureau voor Medicinale Cannabis Postbus 16114 2500 BC DEN HAAG The Netherlands

Oleo Bedrocan

Dried Flower

22% w/w

(220mg/g)

This product also contains cannabidiol (CBD) less than 1.0% w/w (less than 10mg/g)

Bureau voor Medicinale Cannabis Postbus 16114 2500 BC DEN HAAG The Netherlands

“.

3. The Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 are revoked.

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GIVEN under my Official Seal,

27 October, 2021.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021.

S.I. No. 237/2022 –

Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th May, 2022.

Citation

1. These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022.

Definitions

2. In these Regulations-

“Principal Regulations” means the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 (S.I. No. 262 of 2019) as amended by the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 ( S.I. No. 557 of 2021 ).

Amending the Principal Regulations

3. The Principal Regulations are amended by substituting for Schedule 1 the following;

“SCHEDULE 1

Regulation 2

Specified Controlled Drugs

Name of Cannabis product or preparation and brand name

Dosage form

Concentration of THC (percentage, weight/weight or weight/volume)

Name of manufacturer

Aurora High CBD Oil Drops

Oral solution

Less than 3% w/v (< 30mg/ml)

This product also contains cannabidiol (CBD) 60% w/v (600mg/ml)

Aurora Cannabis Enterprises Inc.,

4439 Township Road 304,

Cremona, Alberta,

Canada, T0M 0R0

CannEpil ™

Oral solution

0.5% w/v (5mg/ml)

This product also contains cannabidiol (CBD) 10% w/v (100mg/ml)

MGC Pharmaceuticals d.o.o.,

Kamniška ulica 29, 1000, Ljubljana, Slovenia

Tilray Oral Solution THC10:CBD10 25ml

Oral solution

1% w/v (10mg/ml)

This product also contains cannabidiol (CBD) 1% w/v (10mg/ml)

Tilray Canada Ltd., 1100 Maughan Road, Nanaimo, BC, V9X 1J2, Canada

Aurora Sedamen Softgels

Capsules

5mg/capsule

This product also contains cannabidiol (CBD) less than 0.2mg/capsule

Aurora Cannabis Enterprises Inc.

4250 14th Avenue, Markham, Ontario, Canada L3R 0J3

Oleo Bedrobinol

Dried Flower

13.5% w/w (135mg/g)

This product also contains cannabidiol (CBD) less than 1.0% w/w (less than 10mg/g)

Bureau voor Medicinale Cannabis Postbus 16114 2500 BC DEN HAAG The Netherlands

Oleo Bedrocan

Dried Flower

22% w/w (220mg/g)

This product also contains cannabidiol (CBD) less than 1.0% w/w (less than 10mg/g)

Bureau voor Medicinale Cannabis Postbus 16114 2500 BC DEN HAAG The Netherlands

Althea CBD12:THC10 (50ml)

Oil

1% w/v THC (10mg/ml)

This product also contains 1.25% w/v (12.5mg/ml) cannabidiol (CBD)

Tasmanian Alkaloids pty Ltd T/A Extractas Bioscience, Westbury, Tasmania, Australia 7303

”.

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GIVEN under my Official Seal,

16 May, 2022.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to replace the current Schedule 1, in the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 (as amended) (“the Principal Regulations”), in order to list certain cannabis products or preparations for medical use as “specified controlled drugs”.

The purpose of the Principal Regulations is to allow certain cannabis products or preparations for medical use to be prescribed and supplied under certain circumstances for the treatment of persons with certain medical conditions under the care of a medical consultant.

These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022.

S.I. No. 200/2023 –

Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) (No. 2) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd May, 2023.

Citation

1. These Regulations may be cited as the Misuse Of Drugs (Prescription And Control Of Supply Of Cannabis For Medical Use) (Amendment) (No. 2) Regulations 2023.

Definitions

2. In these Regulations –

“Principal Regulations” means the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 ), as amended by the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 ( S.I. No. 583 of 2019 ), the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 ( S.I. No. 649 of 2019 ), the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 ( S.I. No. 505 of 2020 ), the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 ( S.I. No. 557 of 2021 ), the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022 ( S.I. No. 237 of 2022 ) and the Misuse Of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2023 ( S.I. No. 5 of 2023 ).

Amending the Principal Regulations

3. The Principal Regulations are amended by substituting for Schedule 1 the following:

“SCHEDULE 1

Regulation 2

Specified Controlled Drugs

Name of Cannabis product or preparation and brand name

Dosage form

Concentration of THC (percentage, weight/weight or weight/volume)

Name of manufacturer

Aurora High CBD Oil Drops

Oral solution

Less than 3% w/v (< 30mg/ml) This product also contains cannabidiol (CBD) 60% w/v (600mg/ml)

Aurora Cannabis Enterprises Inc., 4439 Township Road 304, Cremona, Alberta, Canada, T0M 0R0

CannEpil ™

Oral solution

0.5% w/v (5mg/ml) This product also contains cannabidiol (CBD) 10% w/v (100mg/ml)

MGC Pharmaceuticals d.o.o., Kamniška ulica 29, 1000, Ljubljana, Slovenia

Tilray Oral Solution THC10:CBD10 (25ml)

Oral solution

1% w/v (10mg/ml) This product also contains cannabidiol (CBD) 1% w/v (10mg/ml)

Tilray Portugal Unipessoal Lda., Zona Industrial de Cantanhede, Lote 121, Cantanhede, 3060-197, Portugal

Aurora Sedamen Softgels

Capsules

5mg/capsule This product also contains cannabidiol (CBD) less than 0.2mg/capsule

Aurora Cannabis Enterprises Inc. 4250 14th Avenue, Markham, Ontario, Canada L3R 0J3

Oleo Bedrobinol

Dried flower

13.5% w/w (135mg/g) This product also contains cannabidiol (CBD) less than 1.0% w/w (less than 10mg/g)

Bureau voor Medicinale Cannabis Postbus 16114 2500 BC DEN HAAG The Netherlands

Oleo Bedrocan

Dried flower

22% w/w (220mg/g) This product also contains cannabidiol (CBD) less than 1.0% w/w (less than 10mg/g)

Bureau voor Medicinale Cannabis Postbus 16114 2500 BC DEN HAAG The Netherlands

Althea CBD12:THC10 (50ml)

Oil

1% w/v THC (10mg/ml) This product also contains 1.25% w/v (12.5mg/ml) cannabidiol (CBD)

Tasmanian Alkaloids pty Ltd T/A Extractas Bioscience, Westbury, Tasmania, Australia 7303

Oleo Genetics 10:10

Oil (oral solution)

1% w/v (10mg/ml) This product also contains cannabidiol (CBD) 1% w/v (10mg/ml)

ADREX Pharma GmbH Firmungstrabe 4 56068 Koblenz Germany

Oleo Genetics 25:1

Oil (oral solution)

2.5% w/v (25mg/ml) This product also contains cannabidiol (CBD) <0.1% w/v (<1mg/ml)

ADREX Pharma GmbH Firmungstrabe 4 56068 Koblenz Germany

Althea THC20:CBD1 (50ml)

Oil

2% w/v THC (20mg/ml) This product also contains <0.1% w/v (<0.1mg/ml) cannabidiol (CBD)

Tasmanian Alkaloids pty Ltd T/A Extractas Bioscience, Westbury, Tasmania, Australia 7303

”.

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GIVEN under my Official Seal,

26 April, 2023.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to update and replace the current Schedule 1, in the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 (as amended) (“the Principal Regulations”), in order to include additional cannabis products or preparations for medical use as “specified controlled drugs”.

The purpose of the Principal Regulations is to allow additional cannabis products or preparations for medical use to be prescribed and supplied under certain circumstances for the treatment of persons with certain medical conditions under the care of a medical consultant.

These Regulations may be cited as the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) (No. 2) Regulations 2023.

Cannabis & Opium

MISUSE OF DRUGS ACT 1977

Interpretation.

Controlled drugs.

Restriction on possession of controlled drugs.

Regulations permitting possession of controlled drugs.

Regulations to prevent misuse of controlled drugs.

Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners or pharmacists convicted of offences.

Special directions prohibiting prescribing etc. of controlled drug in certain cases.

Investigation of cases where Minister considers there are grounds for special direction.

Prohibition of prescribing etc. in cases of urgency.

Appeals.

Regulations (committees and panels).

Additional powers in relation to certain controlled drugs.

Possession of controlled drugs for unlawful sale or supply.

Offence relating to possession of drugs with value of €13,000

Importation of controlled drugs in excess of certain value.

Supply of controlled drugs into prisons and places of detention.

Prohibition of certain activities etc. relating to opium.

Prohibition of cultivation of opium poppy or cannabis plant.

Forged or fraudulently altered prescriptions.

Occupiers etc. permitting certain activities to take place on land, vehicle or vessel to be guilty of an offence.

Offences relating to acts outside the State.

Attempts etc. and miscellaneous other offences.

Onus of proof.

Power of Garda Síochána to search persons, vehicles, vessels or aircraft.

Powers to inspect and demand production of drugs, books or documents.

Power of arrest.

Search warrants.

Penalties.

Defences generally.

Forfeiture.

Offences in relation to bodies corporate.

Misuse Of Drugs (Prescription And Control Of Supply Of Cannabis For Medical Use) Regulations 2019

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Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021

EXPLANATORY NOTE

Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022

EXPLANATORY NOTE

Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) (No. 2) Regulations 2023

EXPLANATORY NOTE

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