Drug Offences
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;
(c) the area chief executive of an Area Health Board.
…
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
(c) seed of any such plant;]
“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,
(c) requiring prescribed precautions to be taken for the purpose of ensuring the safe custody of controlled drugs,
(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.
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.
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,
(c) in case the respondent is a registered veterinary surgeon, the Veterinary F18[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.
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—
(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) …
(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 F24[issued by the Health Products Regulatory Authority],
…
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)—
(c) granted or issued that licence, permit or authorisation, and
(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,
(c) the person throws or projects a controlled drug into a prison, children detention school or remand centre, or
(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
(c) have in his possession—
(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,
(c) the preparation of cannabis 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,
(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.
(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
(c) either—
(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—
(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.
(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
(c) whether or not it will make an order referred to in paragraph (b) of subsection (2) of this section.
(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
(c) decide not to impose any penalty under section 27 of this Act, 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.
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.
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
(c) knowing or suspecting it to be such a drug or prescription, he took or retained possession of it for the purpose of—
(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.
Amendment of Poisons Act, 1961.
33.—(1) The Poisons Act, 1961, shall be amended as follows:
(a) section 4 (1) is hereby amended by—
(i) the addition of “and one of whom is a person with knowledge and experience of the manufacture of preparations containing poisons” to paragraph (b), and
(ii) the insertion of the following paragraph after paragraph (c),
“(cc) one person who is a fellow, ordinary member or licentiate of the Institute of Chemistry of Ireland,”;
(b) section 14 (3) is hereby amended by the substitution of the following paragraphs for paragraphs (j) to (l):
“(j) provide for the enforcement and execution of the provisions of the regulations—
(i) by officers of the Minister,
(ii) with the consent of the Minister for Agriculture, by officers of that Minister,
(iii) by the Pharmaceutical Society of Ireland and its officers, and
(iv) by health boards and their officers,
(k) enable any such officer (with, in the case of an officer of the Minister or the Minister for Agriculture, a written authorisation of whichever of those Ministers is appropriate, in the case of an officer of the Pharmaceutical Society of Ireland, a written authorisation of that Society, and in the case of an officer of a health board, a written authorisation of the board), at all reasonable times, for the purpose of ascertaining whether or not there is or has been a contravention of the regulations, to enter premises of a class or description specified in the regulations and to inspect any substance or article which is so specified and require the production of and inspect, and if he thinks fit take copies of any entry in, any book, record or other document which is of a class or description so specified,
(l) provide for the taking (without payment) by such officers, with such authorisation, of samples of poisons or such substances for test, examination or analysis,
(m) prescribe the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of person by whom such certificate or evidence is to be given,
(n) provide that any certificate or other evidence specified under paragraph (m) of this subsection and given in respect of the test, examination or analysis of a sample shall with regard to that sample be evidence for all purposes of the result,
(o) provide for the prosecution of offences under section 17 of this Act in relation to the regulations by the Minister, the Pharmaceutical Society of Ireland or health boards, and
(p) provide for matters ancillary to the foregoing matters.”;
(c) the following new section is hereby inserted after section 15:
“
Evidence of result of certain tests, examinations or analyses.
15A.—Whenever regulations made under this Act provide that a certificate or other evidence is to be evidence for all purposes of a result of a test, examination or analysis of a sample, such certificate or other evidence shall until the contrary is shown, in relation to that sample, be accepted by a court as sufficient evidence of the result of the test, examination or analysis.”.
(2) Regulations under section 14 or section 15 of the Poisons Act, 1961, may provide that a substance which is declared to be a poison for the purposes of those regulations or a provision thereof, shall, for the purposes of whichever of the said sections is appropriate and the regulations or provision to which the declaration relates, be regarded in circumstances specified in the regulations as not being the subject of the declaration.
Amendment of section 2 of Pharmacy Act, 1962.
34.—Section 2 of the Pharmacy Act, 1962, is hereby amended by the substitution of the following subsection for subsection (4):
“(4) It shall not be a contravention of subsection (2) of this section for a person to keep open shop for the sale of a substance which is declared to be a poison for the purposes of regulations made under section 14 of the Poisons Act, 1961, if the person is a person, or a member of a class of persons, by whom pursuant to such regulations the substance may be sold or offered or kept for sale.”.
Amendment of Pharmacopoeia Act, 1931.
35.—(1) The Pharmacopoeia Act, 1931, is hereby amended as follows:
(a) section 2 (1) shall be construed and have effect as if the reference therein to the Council were a reference to the Minister for Health;
(b) the following subsection shall be substituted for subsection (2) of section 2:
“(2) The Minister for Health may by regulations make such modifications (by way of deletion, addition or amendment) in the British Pharmacopoeia for the time being in force in Great Britain as he thinks fit.”;
(c) the following subsection shall be substituted for subsection (2) of section 3:
“(2) A certificate endorsed on a book purporting to be a copy of the British Pharmacopoeia and purporting to be signed by an officer of the Minister for Health that such book is a copy of the British Pharmacopoeia in force in Great Britain on a specified day or days, or during a specified period, shall in any legal proceedings until the contrary is shown be admitted as evidence of the facts so certified, and in such proceedings it shall not be necessary to prove the signature of the person purporting to sign the certificate or that the person was an officer of the said Minister.”; and
(d) the following new section shall be inserted after section 4:
“
Regulations.
4A.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to anything previously done thereunder.”.
(2) As on and from the specified day section 4 of the Pharmacopoeia Act, 1931, shall be construed and have effect as if—
(a) “or the European Pharmacopoeia” were inserted after “Saorstát Éireann Pharmacopoeia” in subsection (1), and
(b) the following subsection were added to the section:
“(3) In this section ‘the European Pharmacopoeia’ means the Pharmacopoeia elaborated under the auspices of the Council of Europe in pursuance of the Convention in that behalf done at Strasbourg on the 22nd day of July, 1964.”.
(3) In this section “the specified day” means the day specified for the purposes of this section in a notice published by the Minister in the Iris Oifigiúil.
Amendment of section 65 of Health Act, 1947.
36.—Section 65 of the Health Act, 1947, as amended by section 39 of the Health Act, 1953, and section 6 of the Health Act, 1970, is hereby amended by—
(a) the substitution of the following paragraphs for paragraph (j) of subsection (3):
“(j) the enforcement and execution of the regulations—
(i) by officers of the Minister,
(ii) by health boards and their officers,
(iii) with the consent of the Minister for Finance, by officers of Customs and Excise,
(iv) with the consent of the Minister for Industry and Commerce, by officers of that Minister,
(v) by the Pharmaceutical Society of Ireland and its officers;
(k) the enabling for the purpose of ascertaining whether or not there is or has been a contravention of the regulations, of any such officer (with, in the case of an officer of the Minister or the Minister for Industry and Commerce or an officer of Customs and Excise, a written authorisation of whichever of those Ministers or the Minister for Finance is appropriate, in the case of an officer of a health board, a written authorisation of the board and in the case of an officer of the Pharmaceutical Society of Ireland, a written authorisation of that Society), at all reasonable times to enter any premises which are of a class or description specified in the regulations and to inspect or examine any substance or article which is of a class or description so specified and require the production of and inspect, and if he thinks fit, to take copies of any entry in, any book, record or other document which is of a prescribed class or description;
(l) the taking (without payment) by such officers, with such authorisation, of samples of such substances or articles for test, examination or analysis;
(m) the prescribing of the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of person by whom such certificate or evidence is to be given; and
(n) providing that any certificate or other evidence specified under paragraph (m) of this subsection and given in respect of the test, examination or analysis of a sample shall with regard to that sample be evidence for all purposes of the result.”, and
(b) the substitution of the following subsection for subsection (5):
“(5) An offence under this section may be prosecuted by the Minister, the Pharmaceutical Society of Ireland or by the health board in whose functional area the offence is committed.”.
Service etc. of notices.
37.—(1) Where a notice or other document is required or authorised by this Act or by regulations under this Act to be served on or given or sent to a person, it may be served on or given or sent to him—
(a) by delivering it to him,
(b) in the case of a person other than a body corporate, by sending it by post in an envelope addressed to him at the address at which he ordinarily resides or carries on business, or
(c) in the case of a body corporate, by sending it by post in an envelope addressed to the secretary or principal officer of the body at the address at which the body carries on business.
(2) For the purposes of subsection (1) of this section, a company registered under the Companies Act, 1963, shall be deemed to carry on business at its registered offices and every other body corporate and every unincorporated body of persons shall be deemed to carry on business at its principal office or place of business.
Regulations generally; laying of orders.
38.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed, provided that in so far as any such regulations provide for the charging of fees they shall only be made with the consent of the Minister for Finance.
(2) Regulations under this Act may apply to controlled drugs generally, to controlled drugs of a prescribed class or description, or to one or more prescribed controlled drugs.
(3) Every regulation and every order made under this Act (other than an order under section 8 (8) or an order referred to in section 11 or section 28) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next twenty-one days on which that House has sat after the regulation or order is laid before it, the regulation or order, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Annotations
Modifications (not altering text):
C21
Functions transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3 and 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 12 of 1977
Misuse of Drugs Act 1977
Sections 38 and 40
…
…
…
Editorial Notes:
E180
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.
E181
Power pursuant to section exercised (30.03.2023) by Misuse of Drugs (Amendment) Regulations 2023 (S.I. No. 150 of 2023).
E182
Power pursuant to section exercised (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022).
E183
Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).
E184
Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).
E185
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).
E186
Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).
E187
Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).
E188
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.
E189
Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Amendment) Regulations 2011 (S.I. No. 552 of 2011).
E190
Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).
E191
Power pursuant to section exercised (31.03.2009) by Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (S.I. No. 122 of 2009).
E192
Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).
E193
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. 3.
E194
Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).
E195
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.
E196
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.
E197
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.
E198
Power pursuant to section exercised (23.10.1984) by Misuse of Drugs (Committees of Inquiry) Regulations 1984 (S.I. No. 264 of 1984), in effect as per reg. 3.
E199
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.
E200
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).
E201
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).
E202
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).
E203
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).
E204
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.
E205
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).
E206
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.
E207
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.
E208
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.
E209
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.
Expenses.
39.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Collection and disposal of moneys payable under Act.
40.—(1) All moneys payable under regulations under this Act shall be collected and taken in such manner as the Minister for Finance may from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of moneys mentioned in subsection (1) of this section and payable to the Minister.
Annotations
Modifications (not altering text):
C22
Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3 and 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 12 of 1977
Misuse of Drugs Act 1977
Sections 38 and 40
…
…
…
Repeal of Dangerous Drugs Act, 1934, and transitional provision.
41.—(1) The Dangerous Drugs Act, 1934, is hereby repealed.
(2) In case a provision of this Act other than subsection (1) of this section, comes into force on a day which is earlier than the day on which the said subsection (1) comes into force, the following provisions shall have effect, namely, as regards the period beginning on the day on which the first-mentioned provision comes into force and ending on the day on which the said subsection (1) comes into force, an act or omission which is an offence under this Act shall not be an offence under the Dangerous Drugs Act, 1934.
Miscellaneous repeals and transitional provisions.
42.—(1) The following are hereby repealed:
(a) (i) “by the General Council of Medical Education and Registration of the United Kingdom” in section 1 of the Pharmacopoeia Act, 1931, and
(ii) section 2 (3) of that Act; and
(b) section 78 of the Health Act, 1970.
(2) Notwithstanding subsection (1) of this section, the Minister may by regulations provide—
(a) that a register specified in the regulations and kept by him under regulations made under section 78 of the Health Act, 1970, shall be included in and shall be deemed to be part of a register to be kept by him for the purposes of regulations under this Act, or
(b) that any person, being a person whose name was, immediately before the commencement of this section, on a register specified in the regulations and kept by the Minister under the said section 78, shall be deemed to have been granted, issued or given, as may be appropriate, such licence, permit or other form of authority under this Act as may be specified in the regulations.
(3) Notwithstanding section 41 (1) of this Act, the Minister may by regulations provide that any person who was, immediately before the commencement of this section, the holder of a licence, permit or other authority granted, issued or given under the Dangerous Drugs Act, 1934, shall be deemed to have been granted, issued or given, as may be appropriate, such licence, permit or other form of authority under this Act as may be specified in the regulations.
(4) Regulations made under this section which include provisions mentioned in paragraph (b) of subsection (2) or in subsection (3) of this section may also include—
(a) provisions deeming any such licence, permit or other form of authority to have been granted, issued or given subject to conditions specified in the regulations, and
(b) provisions enabling the Minister in specified circumstances to direct that provisions of regulations under this section shall cease to apply in relation to a particular person.
(5) Where the Minister duly gives a direction referred to in subsection (4) (b) of this section, the provisions specified in the direction shall in accordance with the direction cease to apply in relation to the person to whom the direction relates.
Annotations
Editorial Notes:
E210
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.
Short title, commencement and collective citations.
43.—(1) This Act may be cited as the Misuse of Drugs Act, 1977.
(2) Subsection (1) of this section and section 41 (2) of this Act shall come into operation on the passing hereof and the other purposes and provisions of this Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular such purpose or provision and different days may be so fixed for different such purposes and different such provisions of this Act.
(3) The Pharmacy Acts, 1875 to 1962, and sections 32 and 34 of this Act may be cited together as the Pharmacy Acts, 1875 to 1977.
(4) The Pharmacopoeia Act, 1931, section 35 of this Act, and section 42 of this Act in so far as it amends that Act, may be cited together as the Pharmacopoeia Acts, 1931 and 1977.
(5) The Health Acts, 1947 to 1970, section 36 of this Act, and section 42 of this Act in so far as it amends those Acts, may be cited together as the Health Acts, 1947 to 1977.
(6) The Poisons Act, 1961, and section 33 of this Act may be cited together as the Poisons Acts, 1961 and 1977.
Annotations
Editorial Notes:
E211
Power pursuant to section exercised (1.03.1979 and 1.05.1979) by Misuse of Drugs Act, 1977 (Commencement) Order 1979 (S.I. No. 28 of 1979).
3. Sections 1, 2 and 4 to 14 (inclusive), section 21 (1), section 27 (2), subsections (1), (2), (6) and (7) of section 29, sections 32 to 40 (inclusive) and subsections (2), (3), (4), (5) and (6) of section 43 of the Act, together with the Schedule to the Act, shall come into operation generally on the 1st day of March, 1979.
4. Subsection (1) of section 42 of the Act shall come into operation—
( a ) for the purpose of effecting the repeal of the matter referred to in paragraph (a) of that subsection, on the 1st day of March, 1979, and
( b ) for the purpose of effecting the repeal of the matter referred to in paragraph (b) of that subsection, on the 1st day of May, 1979.
5. The provisions of the Act, other than those referred to in articles 3 and 4 of this Order, shall come into operation generally on the 1st day of May, 1979.
SCHEDULE
Controlled Drugs
1 Acetorphine.
Acetyldihydrocodeine.
Acetylmethadol.
Allylprodine.
Alphacetylmethadol.
Alphameprodine.
Alphamethadol.
Alphaprodine.
Amphetamine.
Amylobarbitone.
Anileridine.
Benzethidine.
Benzphetamine.
Benzylmorphine (3-benzylmorphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Bezitramide.
Bufotenine.
Cannabinol, except where contained in cannabis or cannabis resin.
Cannabinol derivatives.
Cannabis and cannabis resin.
Chlorphentermine.
Clonitazene.
Coca leaf.
Cocaine.
Codeine.
Codoxime.
Desomorphine.
Dexamphetamine.
Dextromoramide.
Diamorphine.
Diampromide.
Diethylthiambutene.
Difenoxin.
Dihydrocodeine.
Dihydromorphine.
Dimenoxadole.
Dimepheptanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone.
Drotebanol.
Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.
Ethylmethylthiambutene.
Ethylmorphine (3-ethylmorphine).
Etonitazene.
Etorphine.
Etoxeridine.
Fentanyl.
Furethidine.
Hydrocodone.
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Lysergamide.
Lysergide and other N-alkyl derivatives of lysergamide.
Mephentermine.
Mescaline.
Metazocine.
Methadone.
Methaqualone.
Methylamphetamine.
Methyldesorphine.
Methyldihydromorphine (6-methyldihydromorphine).
Methylphenidate.
Metopon.
Morpheridine.
Morphine.
Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives.
Myrophine.
Nicocodine.
Nicodicodine (6-nicotinoyldihydrocodeine).
Nicomorphine.
Noracymethadol.
Norcodeine.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Opium, whether raw, prepared or medicinal.
Oxycodone.
Oxymorphone.
Pentobarbitone.
Pethidine.
Phenadoxone.
Phenampromide.
Phenazocine.
Phendimetrazine.
Phenmetrazine.
Phenobarbitone.
Phenomorphan.
Phenoperidine.
Pholcodine.
Piminodine.
Pipradrol.
Piritramide.
Poppy straw and concentrate of poppy straw.
Proheptazine.
Properidine.
Propiram.
Psilocin.
Quinalbarbitone.
Racemethorphan.
Racemoramide.
Racemorphan.
Thebacon.
Thebaine.
Trimeperidine.
4-Cyano-2-dimethylamino-4, 4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
N, N-Diethyltryptamine.
N, N-Dimethyltryptamine.
2, 5-Dimethoxy-α, 4-dimethyl-phenethylamine.
1-Methyl-4-phenylpiperidine-4-carboxylic acid.
2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid.
4-Phenylpiperidine-4-carboxylic acid ethyl ester.
F67[F68[1A. (a) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
Alfentanil
(3-Amino-2,2-dimethylpropyl)-4-aminobenzoate
5-(2-Aminopropyl) indole
1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone
N-(1-Benzyl-4-piperidyl) propionanilide
2-(4-Bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl) methyl]ethanamine
1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine
Carfentanil
Cathinone
2-(4-Chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl) methyl]ethanamine
1-Cyclohexyl-4-(1,2-diphenylethyl) piperazine
3,4-Dichloro-N-[[1-(dimethylamino) cyclohexyl]methyl]benzamide
Dihydroetorphine
[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone
Dimethocaine
3-Dimethylheptyl-11-hydroxyhexahydrocannabinol
Eticyclidine
Etryptamine
1-(2-Fluorophenyl)-2-methylaminopropan-1-one
1-(3-Fluorophenyl)-2-methylaminopropan-1-one
1-(4-Fluorophenyl)-2-methylaminopropan-1-one
9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate
N-Hydroxy-tenamphetamine
2-(4-Iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl) methyl]ethanamine
Khat (being the leaves of Catha edulis (Celastraceae))
Lisdexamphetamine
Lofentanil
Methcathinone
2-(3-Methoxyphenyl)-2-(ethylamino) cyclohexanone
1-(4-Methoxyphenyl)-2-(methylamino) propan-1-one
Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
2-Methylamino-1-(3,4-methylenedioxyphenyl) butan-1-one
2-Methylamino-1-(3,4-methylenedioxyphenyl) propan-1-one
4-Methyl-aminorex
(8-Methyl-8-azabicyclo[3.2.1]octan-3-yl)-4-fluorobenzoate
Methyl 2-[[1-(cyclohexylmethyl) indole-3-carbonyl]amino]-3,3-dimethylbutanoate
Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b- octahydroindolo[2,3- a]quinolizin-2-yl]-3-methoxyprop-2-enoate and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine
α-Methyl-4-(methylthio) phenethylamine
1-(4-Methylphenyl)-2-methylaminopropan-1-one
Nabilone
Oripavine
Phencyclidine
1-Phenylcyclohexylamine
4-(1-Phenylcyclohexyl) morpholine
1-Piperidinocyclohexanecarbonitrile
Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate
Remifentanil
Rolicyclidine
Sufentanil
Tapentadol
Tenocyclidine
N-[1-(2-Thenyl)-4-piperidyl]propionanilide
4-[1-(2-Thienyl) cyclohexyl]morpholine
1-[1-(2-Thienyl) cyclohexyl]pyrrolidine
Tilidine.]
(b) Any substance (not being bupropion) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2- or 3-position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(c) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(d) Any substance structurally derived from 3-(1-benzoyl)indole or 3-(1-naphthoyl)indole by modification in any of the following ways:
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl;
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.
(e) 1-Benzylpiperazine or any substance structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways:
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups.
(f) Any substance structurally derived from fentanyl by modification in one or more of the following ways, that is to say:
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;
(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group.
(g) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(h) Any substance structurally derived from 3-(1-naphthoyl)indoleor 1H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(i) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(j) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(k) Any substance structurally derived from pethidine by modification in one or more of the following ways, that is to say:
(i) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or a quaternary base.
(l) Any substance (not being methoxyphenamine) structurally derived from phenethylamine, an N-alkyl-phenethylamine, α-methylphenethylamine, an N-alkyl-α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halo substituents, whether or not further substituted in the ring by one or more other univalent substituents.
(m) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
(n) Any fungus containing any proportion of psilocin or of an ester of psilocin.
(o) 1,2,3,4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1,2,3,4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono – or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(p) Any substance structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the side-chain with one or more alkyl substituents but no other substituent.]
F69[F68[1B. (a) Alprazolam
Amineptine
Aminorex
Amphetaminil
2-Benzhydrylpiperidine
Bromazepam
Brotizolam
Buprenorphine
Butan-1,4-diol
Butorphanol
Camazepam
Cathine
Chlordiazepoxide
Clobazam
Clonazepam
Clorazepic acid
Clotiazepam
Cloxazolam
Delorazepam
Dextropropoxyphene
Diazepam
Diethylpropion
Dihydrofuran-2(3H)-one
Estazolam
Ethchlorvnol
Ethinamate
N-Ethylamphetamine
Ethyl loflazepate
Fencamfamin
Fenethylline
Fenproporex
Fludiazepam
Flunitrazepam
Flurazepam
Glutethimide
Halazepam
Haloxazolam
4-Hydroxybutanoic acid
Ketamine
Ketazolam
Lefetamine
Loprazolam
Lorazepam
Lormetazepam
Mazindol
Mecloqualone
Medazepam
Mefenorex
Meprobamate
Mesocarb
Methyprylone
Midazolam
Nalbuphine
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Pemoline
Pentazocine
Phenazepam
Phentermine
Pinazepam
Prazepam
Propylhexedrine
Pyrovalerone
Selegiline
Temazepam
Tetrazepam
Triazolam
Zaleplon
Zipeprol
Zolpidem
Zopiclone.]
(b) Any substance structurally derived from barbituric acid by di-substitution at the 5-position, whether or not there is also substitution at the 1-position by a methyl substituent.]
2. Any stereoisomeric form of a substance or product specified in paragraph 1 F70[or 1A] of this Schedule not being dextromethorphan or dextrorphan.
F71[2A. Any stereoisomeric form of a substance specified in paragraph 1B.]
3. Any ester or ether of a substance or product specified in paragraph 1 F72[, 1A] or 2 of this Schedule.
4. Any salt of a substance or product specified in F73[paragraph 1, 1A, 1B, 2, 2A or 3] of this Schedule.
5. Any preparation or product containing any proportion of a substance or product specified in F74[paragraph 1, 1A, 1B, 2, 2A, 3 or 4] of this Schedule.
6. In this Schedule—
“cannabinol derivatives” means the following substances, except where contained in cannabis or cannabis
resin, namely, tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives;
“coca leaf” means the leaf of any plant of the genus Erythroxylon from whose leaves cocaine can be extracted either directly or by chemical transformation;
“concentrate of poppy straw” means the material produced when poppy straw has entered into a process for the concentration of its alkaloids;
“medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Irish Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;
“poppy straw” means all parts, except the seeds, of the opium poppy, after mowing;
“raw opium” includes powdered or granulated opium but does not include medicinal opium.
Annotations
Amendments:
F67
Inserted (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 1(a) and sch. 1, commenced as per s. 3(3).
F68
Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 6(b) and sch., S.I. No. 172 of 2017.
F69
Inserted (12.05.2015) by Misuse of Drugs (Amendment) Act 2015 (6/2015), s. 1(a) and sch. 1, commenced on enactment.
F70
Inserted (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 1(b), commenced as per s. 3(3).
F71
Inserted (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 1(c), commenced as per s. 3(3).
F72
Inserted (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 1(d), commenced as per s. 3(3).
F73
Inserted (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 1(e), commenced as per s. 3(3).
F74
Inserted (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 1(f), commenced as per s. 3(3).
MISUSE OF DRUGS ACT, 1984
AN ACT TO AMEND AND EXTEND THE LAW RELATING TO THE MISUSE OF CERTAIN DANGEROUS OR OTHERWISE HARMFUL DRUGS. [18th July, 1984]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definition.
1.—In this Act “the Principal Act” means the Misuse of Drugs Act, 1977 .
New definition of “cannabis” and “opium poppy” and other amendments of section 1 (1) of Principal Act.
2.—Section 1 (1) of the Principal Act is hereby amended by—
(a) the substitution of the following definition for the definition of “cannabis”:
“‘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
(c) seed of any such plant;”;
(b) the substitution of the following definition for the definition of “opium poppy”:
“‘opium poppy’ means a plant of the species Papaver somniferum L or Papaver bracteatum Lindl;”;
(c) the substitution of the following definition for the definition of “temporary direction”;
“‘temporary direction’ means a direction under section 9 of this Act;”; and
(d) the insertion before the definition of “the Veterinary Council” of the following definition:
“‘vessel’ includes a hovercraft;”.
Investigation of case where Minister considers there are grounds for special direction.
3.—The following section is hereby substituted for section 8 of the Principal Act:
“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,
(c) in case the respondent is a registered veterinary surgeon, the Veterinary Council.”.
Temporary direction pending investigation under section 8.
4.—The following section is hereby substituted for section 9 of the Principal Act:
“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.”.
Printing etc. of certain books etc., communication of certain information and possession of certain documents an offence.
5.—(1) (a) A person shall not print, publish, cause or procure to be printed or published, sell or expose or offer or keep for sale, distribute or offer or keep for distribution, any book, periodical or other publication which either—
(i) advocates or encourages, or might reasonably be supposed to advocate or encourage, whether expressly or by implication, the use of any controlled drug prescribed for the purposes of this section, or any product or preparation containing any such controlled drug, otherwise than in the course of professional treatment by a practitioner, or
(ii) contains any advertisement advertising any use of a pipe, utensil or other thing for use by persons, for or in connection with the use of a controlled drug so prescribed or such a product or preparation, which is a use other than a use described in paragraph (b) of this subsection.
(b) The use lastly referred to in paragraph (a) of this subsection is a use (being the use of a pipe, utensil or other thing)—
(i) which is described in the relevant advertisement, and
(ii) which any person reading the relevant advertisement would—
(I) take to be a use relating to a controlled drug prescribed for the purposes of this section or a product or preparation containing such a controlled drug, and
(II) take to be, and only to be, a use to be availed of in the course of professional treatment by a practitioner.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence under this subsection.
(3) If any person, for the purpose of enabling or assisting another person to obtain, otherwise than on foot of a prescription issued by a practitioner, a controlled drug prescribed for the purposes of this section or a product or preparation containing such a drug communicates to that person any information, he shall be guilty of an offence under this subsection.
(4) If a person, with intent to commit or to aid, abet, cause or procure the commission of an offence under subsection (3) of this section, has in his possession or under his control any document of such a nature that the dissemination of copies thereof would constitute such an offence, he shall be guilty of an offence under this subsection.
(5) In any proceedings for an offence under subsection (2) of this section it shall be a defence for the defendant to prove that—
(a) at the time of the alleged offence he carried on the business of selling or distributing books, periodicals or other publications, and
(b) the act alleged to constitute such offence was committed by him in the ordinary course of his said business, and
(c) he could not by the exercise of reasonable care have known or ascertained the contents of the book, periodical or other publication in respect of which such act was committed.
(6) Where in proceedings for an offence under subsection (4) of this section it is proved that the defendant had at the time of the alleged offence in his possession or under his control a document described in the said subsection (4), then, unless there is sufficient other evidence to raise an issue as to whether the defendant so had the document with the intent referred to in the said subsection (4), he shall be treated as having had at such time the document in his possession or under his control with such intent.
Penalties.
6.—Section 27 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (1) to (11):
“(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.
(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.”.
Penalties for offences under Customs Acts relating to controlled drugs.
7.—(1) Where a person is convicted of an offence to which this section applies, subject to section 8 of this Act, the person shall, in lieu of the penalties specified in the enactments relating to the customs which are for the time being in force, be liable to—
(a) where the court is satisfied that the relevant controlled drug was imported by the person for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of the Principal Act which are for the time being in force—
(i) on summary conviction, the penalty specified in paragraph (a) of subsection (3) (inserted by section 6 of this Act) of section 27 of the Principal Act,
(ii) on conviction on indictment, the penalty specified in paragraph (b) of the said subsection (3),
(b) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person imported 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,
(c) 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) This section applies to an offence against the Customs Acts in relation to the importation or exportation of a controlled drug.
Power of court to remand person convicted of offence to which section 7 applies and to obtain a report and in certain cases to arrange for the medical or other treatment or for the care of such person.
8.—(1) Where a person is convicted of an offence to which section 7 of this Act applies, 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 a health board, probation and welfare officer employed in the probation and welfare service of the Department of Justice or such other person or body, considered by the court to be appropriate to furnish to the court—
(a) a medical report described in subparagraph (i), as amended by section 14 of this Act, of section 28 (1) (a) of the Principal Act, and
(b) a report described in subparagraph (ii), as so amended, of the said section 28 (1) (a).
(2) Where the court makes a request under subsection (1) of this section, subsections (2) to (9) of section 28, as amended by section 14 of this Act, of the Principal Act, shall with the necessary modifications apply as regards the relevant case, and without prejudice to the generality of the foregoing—
(a) each of the references in the said subsections (2) to (9) to section 27 of the Principal Act shall be construed as a reference to that section as applied by this subsection,
(b) the references to a report in subsections (3) and (4) of the said section 28 shall each be construed as including a reference to a report furnished under subsection (1) of this section,
(c) the reference in subsection (6) of the said section 28 to a person’s being detained under the Principal Act shall be construed as a reference to detention imposed by virtue of this subsection,
(d) references in subsection (6) or (7) of the said section 28 to a decision or order under subsection (2) of that section shall be construed as including references to a decision or order under the said subsection (2) as applied by this subsection.
Offences to which section 7 applies; presumption, defences, etc.
9.—(1) Subject to subsection (4) of this section, in any proceedings for an offence to which section 7 of this Act applies, where it is proved that a person imported a controlled drug and the court, having regard to the quantity of the controlled drug which the person imported and 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, then for the purposes of section 7 (1) (a) of this Act, he shall be regarded by the court, until the court is satisfied to the contrary, as having imported the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations referred to in that section.
(2) In any proceedings for an offence to which section 7 of this Act applies, 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.
(3) In proceedings for an offence to which section 7 of this Act applies in which it is proved that the defendant imported or exported the relevant controlled drug in contravention of the Customs Acts, it shall be a defence to prove that—
(a) he did not know and had no reasonable ground for suspecting that what he so imported or exported, as may be appropriate, was a controlled drug, or
(b) he believed the relevant 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 against the Customs Acts.
(4) In any proceedings for an offence to which section 7 of this Act applies a defendant may rebut the presumption raised by subsection (1) of this section by showing that at the time of the alleged offence he was by virtue of regulations made under section 4 of the Principal Act lawfully in possession of the controlled drug to which the proceedings relate.
(5) In any proceedings for an attempt to commit an offence to which section 7 of this Act applies the defences mentioned in subsection (3) of this section shall, with the necessary modifications, be open to the defendant.
(6) Subject to subsection (2) 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 to which section 7 of this Act applies.
Evidential value of certain certificates.
10.—In any proceedings for an offence under the Principal Act or section 5 of this Act, the production of a certificate purporting to be signed by an officer of the Forensic Science Laboratory of the Department of Justice and relating to an examination, inspection, test or analysis, as the case may be, specified in the certificate of a controlled drug or other substance, product or preparation so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such an officer.
Amendment of sections 17 and 19 of Principal Act.
11.—(1) The following subsections are hereby substituted for subsections (1) and (2) of section 17 of the Principal Act:
“(1) A person shall not cultivate opium poppy, 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 by the Minister.
(2) Every person who cultivates opium poppy, 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.”.
(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.
Amendment of section 23 of Principal Act.
12.—Section 23 of the Principal Act is hereby amended by—
(a) the insertion of “(and any substance, article or other thing on or in the vehicle, vessel or aircraft)” before “and for the purpose” in paragraph (b) of subsection (1);
(b) the insertion of “examine (by opening or otherwise) and” before “seize” in paragraph (c) of subsection (1);
(c) the insertion of the following subsections after subsection (1);
“(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.”,
and the said paragraphs (b) and (c), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.
TABLE
1. (b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found (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
2. (c) 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.
Amendment of section 26 of Principal Act.
13.—Section 26 of the Principal Act is hereby amended by—
(a) the insertion of “or other land” after “premises” in paragraph (a);
(b) the insertion of the following paragraph after paragraph (a):
“(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”;
(c) the substitution of the following subsections for subsection (2):
“(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.”,
and the said paragraph (a), as so amended, is set out in the Table to this section.
TABLE
(a) a person is in possession in contravention of this Act on any premises or other land 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 or other land, or
Miscellaneous amendments of Principal Act.
14.—The Principal Act is hereby amended by—
(a) the insertion of “or 3” after “section 2” in paragraph (a) of section 22 (1);
(b) the substitution of “if, having regard to the circumstances of the case, the court considers it appropriate so to do, the court may” for “the court shall” in paragraph (a) of section 28(1);
(c) the insertion of “, arising because of his being dependent on drugs,” after “needs” in both subparagraph (i) of section 28 (1) (a) and subparagraph (i) of section 28 (1) (b);
(d) the substitution of “probation and welfare” for “court welfare” in section 28 (1) (a);
(e) the substitution of “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” and “probation and welfare” for “on bail” and “court welfare”, respectively, in section 28 (1) (b);
(f) the insertion in section 28 (2) (a) of the following subparagraph after subparagraph (i):
“(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,”;
(g) the insertion of “or other” before “treatment” in subparagraph (ii) of section 28 (2) (a);
(h) the insertion of “or the person who is for the time being in charge of such centre” after “medical practitioner” in subsection (6) of section 28;
(i) the substitution in subsection (8) of section 28 of “medical or other treatment” for “medical treatment” and “the medical practitioner or other person” for “the medical practitioner” in each place where it occurs; and
(j) the insertion in section 28 (11) of the following definition after the definition of “authorised medical practitioner”:
“‘probation and welfare officer’ means an officer employed in the probation and welfare service of the Department of Justice;”,
and the said paragraph (a) of the said section 22 (1), the said section 28 (1), the said subparagraph (ii), the said subsection (6) and the said subsection (8), as amended by this section, are set out in paragraphs 1, 2, 3, 4 and 5, respectively, of the Table to this section.
TABLE
1. (a) order made under section 2 or 3 of this Act.
2. (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, 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 a health board, 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, 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 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 a health board, 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, 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.
3. (ii) a condition requiring such person to undergo medical or other treatment recommended in the report,
4. (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 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.
5. (8) The court shall not under this section either,
(a) permit a person to enter into a recognisance containing a condition requiring him for 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 medical practitioner or other person in charge of the hospital, clinic, custodial treatment centre or other place concerned or a medical practitioner or other person nominated by 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.
Repeals.
15.—The following provisions of the Principal Act are hereby repealed—
(a) the words “import, export, transport,” in section 5 (2) (b);
(b) the words “, after consultation with the registration authority concerned,” in both subsection (3) and subsection (4) of section 7;
(c) section 10;
(d) the words “, advisory committees or advisory panels” and “or 9” in section 12 (1); and
(e) the words “or advisory panel” in section 12 (2).
Short title, commencement, collective citation and construction.
16.—(1) This Act may be cited as the Misuse of Drugs Act, 1984.
(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision of this Act, and different days may be so fixed for different such purposes or provisions.
(3) The Principal Act and this Act may be cited together as the Misuse of Drugs Acts, 1977 and 1984, and shall be construed together as one Act.
S.I. No. 321 of 1982.
MISUSE OF DRUGS (SAFE CUSTODY) REGULATIONS, 1982
The Minister for Health, in exercise of the powers conferred by sections 4 , 5 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), hereby makes the following Regulations:—
1. These Regulations may be cited as the Misuse of Drugs (Safe Custody) Regulations, 1982.
2. These Regulations shall come into operation on the 1st day of March, 1983.
3. (1) In these Regulations—
“the Principal Regulations” means the Misuse of Drugs Regulations, 1979 ( S.I. No. 32 of 1979 ).
(2) In these Regulations every reference to an article shall, except where the context otherwise indicates, be construed as a reference to an article contained in these Regulations and any reference in an article to a sub-article shall be construed as a reference to a sub-article of that article.
4. (1) Subject to the provisions of these Regulations, a person lawfully having in his possession any controlled drug specified in Schedule 1, 2 or 3 of the Principal Regulations shall ensure that, so far as circumstances permit, such drug is kept in a locked, fixed receptacle which can be opened only by him or by a person authorised by him.
(2) Sub-article (1) shall not apply as respects—
( a ) a person to whom the drug has been supplied by or on the prescription of a practitioner for his own treatment or that of another person or of an animal;
( b ) a person engaged in the business of a carrier when acting in the course of that business;
( c ) a person engaged in conveying the drug to a person authorised by virtue of the Principal Regulations to have that drug in his possession;
( d ) a person engaged in connection with the Postal Services provided by the Minister for Posts and Telegraphs when acting in the course of his duty as a person so engaged.
5. (1) Subject to sub-article (2), a person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons in accordance with the Pharmacy Acts, 1875 to 1977, shall ensure that any controlled drug specified in Schedule 1, 2 or 3 of the Principal Regulations which he has in his possession is ordinarily kept in a locked safe or cabinet which is so constructed and maintained as to prevent unauthorised access to the drugs.
(2) Subject to article 6, every safe or cabinet in which controlled drugs are kept in pursuance of sub-article (1) shall be constructed and maintained in accordance with a standard which is at least equivalent to the requirements set out in the Schedule to these Regulations.
6. (1) Article 5 (2) shall not apply as respects a safe or cabinet where a certificate has been issued under sub-article (2) in respect of that safe or cabinet and is for the time being in force.
(2) A member of the Garda Síochána, not below the rank of Superintendent, may, on receipt of an application in writing—
( a ) inspect or cause to be inspected any safe or cabinet in which controlled drugs are to be kept and the premises in which such safe or cabinet is located, and
( b ) if such safe or cabinet provides a degree of security which, in his opinion, in all the circumstances of the case, is at least equivalent to that which would be provided by a safe or cabinet which complies with the requirements set out in the Schedule to these Regulations, issue a certificate in respect of that safe or cabinet.
(3) Every certificate issued under sub-article (2) shall specify any conditions which the member of the Garda Síochána considers necessary to ensure that each such safe or cabinet will provide an adequate degree of security.
(4) A certificate issued under sub-article (2) may be revoked by a member of the Garda Síochána, not below the rank of Superintendent, where—
( a ) there has been a breach of any condition specified in the certificate, or
( b ) as a result of any change of circumstances, any safe or cabinet to which the certificate relates no longer provides an adequate degree of security, or
( c ) the occupier has refused entry to any member of the Garda Síochána seeking such entry for the purpose of ascertaining whether any such breach or change has occurred.
(5) A certificate shall, unless revoked in pursuance of sub-article (4), remain in force for a period of two years but may from time to time be renewed for a further period of two years.
7. An officer of the Pharmaceutical Society of Ireland, with a written authorisation of that Society, may carry out such inspection as may be necessary for the purpose of ascertaining whether the provisions of Article 5 are being complied with.
8. Article 22 of the Principal Regulations is hereby revoked.
SCHEDULE
REQUIREMENTS IN RELATION TO SAFES AND CABINETS USED FOR KEEPING DRUGS
1. In this Schedule, the expression—
“two-leaf door” means a door having two leaves which either close on to each other or on to a central pillar, and the two leaves of any such door shall be treated for the purposes of this Schedule as a single door;
“sheet steel” means mild steel sheet being not lighter than 16 gauge.
2. (1) A safe or cabinet shall be constructed of—
( a ) pressed and welded sheet steel; or
( b ) pressed and welded steel mesh; or
( c ) sheet steel or steel mesh welded upon an angle-iron frame of at least 25 millimetres by 25 millimetres section and of at least 5 millimetres thickness.
(2) The clearance between the door and jamb or, in the case of a two-leaf door, between the two leaves of each leaf and a central pillar shall not be greater than 3 millimetres.
(3) Each door shall be fitted with an effective lock—
( a ) having at least 5 levers differing from each other or, in the case of a pin and tumbler mechanism, at least 6 pins;
( b ) designed to permit at least 1,000 effective key-differs independent of wards or any other fixed obstruction to the movement of the key; and
( c ) provided with a dead-bolt which is either of mild steel of at least 19 millimetres by 8 millimetres section or incorporates a suitable anti-cutting device and which has a total throw of at least 12 millimetres.
(4) Where the length of the vertical closing edge of a door exceeds 914 millimetres and the length of the horizontal edge exceeds 457 millimetres the door shall be fitted with two such locks as are specified in sub-paragraph (3) above, one situated at not more than one third of the length of the vertical closing edge from the top and the other at not more than one third from the bottom, but otherwise the lock required by sub-paragraph (3) above shall be situated in the centre of the vertical closing edge.
(5) Where a safe or cabinet is fitted with a two-leaf door, either—
( a ) the lock or locks required by sub-paragraphs (3) and (4) above shall be fitted with an integrated espagnolette bolt which is of at least 19 millimetres by 8 millimetres section and which has a total throw, at both the top and bottom, of at least 12 millimetres; or
( b ) the second opening leaf shall be secured at the top and bottom by means of internal bolts of mild steel of at least 6 millimetres by 6 millimetres section or 6 millimetres diameter, each of which has a total throw of at least 12 millimetres, the bolt handles being returnable into a holding recess.
(6) A safe or cabinet shall be rigidly and securely fixed to a wall or floor which is soundly constructed by means of at least two rag-bolts each passing through an internal anchor plate of mild steel which is of at least 3 millimetres thickness and which has a surface area of at least 19,355 square millimetres.
(7) Nothing shall be displayed outside a safe or cabinet to indicate that drugs are kept in it.
(8) For the purposes of sub-paragraph (6) “soundly constructed”, in respect of a wall or floor, means constructed of solid brick, concrete block or mass concrete, of sufficient thickness, depth and strength to provide a firm and secure anchor.
3. (1) Subject to sub-paragraph (2) below where sheet steel is used in the construction of a safe or cabinet, its edges shall be lapped inwards around the margins of apertures and around the edges of doors in such manner as to be inaccessible from the outside; and where sheet steel is fixed on a framework, it shall be so fixed as to prevent removal from outside the safe or cabinet of which the framework forms part.
(2) Where sheet steel is used in the construction of the door or the leaf of a door of a safe or cabinet, its edges shall not be required to be lapped inwards as required by sub-paragraph (1) above where the sheet steel used is not lighter than 10 gauge and the door or leaf of the door fits flush, or is recessed, so that no edge protrudes when the door is closed.
(3) Steel mesh used in the construction of a safe or cabinet shall be—
( a ) welded steel mesh not lighter than 10 standard wire gauge having rectangular apertures not exceeding 75 millimetres by 12 millimetres; or
( b ) expanded steel not lighter than 12 gauge having diamond apertures not exceeding 44 millimetres by 19 millimetres.
(4) Except where otherwise specified in this Schedule, the edges of each panel of sheet steel or steel mesh used in the construction of a safe or cabinet shall be arc-welded to a steel frame along their entire length, or, in the absence of a steel frame, continuously arc-welded along the entire length of all joints.
(5) Each hinged door in a safe or cabinet shall be fitted with at least two hinges.
(6) If any part of the hinges of such a door is on the outside of the door, it shall be fitted with at least two dog-bolts of mild steel of similar gauge and dimensions to the frame of the safe or cabinet or an internal flange or rebate running the entire length of the door and so fitted as to prevent access without unlocking in the event of damage to the hinges.
(7) Each lock, bolt assembly and other means of securing doors in a safe or cabinet shall be fitted internally.
(8) The bolt of each lock and each other bolt or catch securing the cover of any aperture in a safe or cabinet shall be protected against cutting or manipulation from the outside.
(9) Each screw, bolt or other fixing device used in the construction of a safe or cabinet shall be such as to be incapable of being removed from the outside and shall be of a strength at least equal to that of the component part which it fixes.
GIVEN under the Official Seal of the Minister for Health this 28th
day of October 1982.
MICHAEL WOODS,
Minister for Health.
EXPLANATORY NOTE.
The Regulations prescribe a minimum standard for the safes and cabinets to be used in retail pharmacies for the safe custody of drugs specified in Schedules 1, 2 and 3 to the Misuse of Drugs Regulations, 1979. The Regulations also impose an obligation on persons lawfully having possession of controlled drugs to keep such drugs in a locked, fixed container so as to prevent unauthorised access to them. The Regulations come into operation on 1st March, 1983.
S.I. No. 264/1984 – Misuse of Drugs (Committees of Inquiry) Regulations, 1984.
S.I. No. 264 of 1984.
MISUSE OF DRUGS (COMMITTEES OF INQUIRY) REGULATIONS, 1984.
The Minister for Health, in exercise of the powers conferred on him by sections 8 , 12 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), as amended by the Misuse of Drugs Act, 1984 (No. 18 of 1984), after consultation with the Dental Board, the Medical Council and the Veterinary Council hereby makes the following Regulations:
1. These Regulations may be cited as the Misuse of Drugs (Committees of Inquiry) Regulations, 1984.
2. In these Regulations “the Act” means the Misuse of Drugs Act, 1977 , as amended by the Misuse of Drugs Act 1984 .
3. A committee of inquiry established under section 8 of the Act shall consist of three persons, of whom—
( a ) one (who shall be the Chairman) shall be nominated by the Minister;
( b ) one shall be a member of the respondent’s profession who is also a member of the registration authority concerned nominated by such registration authority; and
( c ) one shall be a person appointed from a panel of members of the respondent’s profession who is not a member of the registration authority concerned nominated by such other organisations as are in the opinion of the Minister representative of the profession to which the respondent belongs.
4. Any question arising before a committee of inquiry shall be decided by the majority of the members of the committee.
5. The proceedings of a committee of inquiry shall be held in private.
6. Subject to the provisions of articles 4 and 5 a committee of inquiry shall regulate its own procedure.
7. The Minister shall appoint a person to act as secretary to a committee of inquiry.
8. The Misuse of Drugs (Committees of Inquiry, Advisory Committees and Advisory Panels) Regulations, 1979 ( S.I. No. 31 of 1979 ) are hereby revoked.
Given under the Official Seal of the Minister for Health this 23rd day of October,
1984.
BARRY DESMOND.
Minister for Health.
EXPLANATORY NOTE.
These regulations set out the constitution and procedure of the committees of inquiry established in connection with the investigation of cases of irresponsible prescribing by practitioners as provided under section 8 of the Misuse of Drugs Act, 1977 , as amended by section 3 of the Misuse of Drugs Act, 1984 .
MISUSE OF DRUGS (EXEMPTION) ORDERS
S.I. No. 264/1987 – Misuse of Drugs (Exemption) (Amendment) Order, 1987.
S.I. No. 264 of 1987.
MISUSE OF DRUGS (EXEMPTION) (AMENDMENT) ORDER, 1987.
The Minister for Health in exercise of the powers conferred on him by section 3 of the Misuse of Drugs Act, 1977 (No. 12 of 1977) hereby orders as follows:—
1. This Order may be cited as the Misuse of Drugs (Exemption) (Amendment) Order, 1987.
2. The Schedule to the Misuse of Drugs (Exemption) Order, 1979 ( S.I. No. 29 of 1979 ) is hereby amended by the deletion in sub-paragraph (b) of paragraph 1 of the word “dihydrocodeine”, and by the insertion after paragraph 1 of the following paragraph:—
“1A. Any preparation of dihydrocodeine (not being a preparation designed for administration by injection) containing, per dosage unit, not more than 10 milligrammes of dihydrocodeine calculated as base and which in the case of an undivided preparation has a concentration of not more than 1.5 per cent of dihydrocodeine calculated as base.”
GIVEN under the Official Seal of the Minister of Health this 16th day of October, 1987.
RORY O’HANLON,
Minister for Health.
EXPLANATORY NOTE
This Order amends the Schedule to the Misuse of Drugs (Exemption) Order, 1979 to the extent of reducing the concentration levels of dihydrocodeine at which preparations containing such concentrations are exempted from the provisions of Section 3 of the Misuse of Drugs Act, 1977 .
S.I. No. 339/1993 – Misuse of Drugs (Exemption) (Amendment) Order, 1993
S.I. No. 339 of 1993.
MISUSE OF DRUGS (EXEMPTION) (AMENDMENT) ORDER, 1993
The Minister for Health in exercise of the powers conferred on him by Section 3 of the Misuse of Drugs Act, 1977 (No. 12 of 1977) hereby orders as follows:
1. This Order may be cited as the Misuse of Drugs (Exemption) (Amendment) Order, 1993.
2. The Misuse of Drugs (Exemption) Order, 1988 ( S.I. No. 326 of 1988 ) is hereby amended as follows:
In paragraph 1 of Part 1 of the Schedule—
(i) the words “Flunitrazepam” and “Temazepam” shall be deleted;
(ii) after “Mefenorex” there shall be inserted the word “Midazolam”; and
(iii) after “Pyrovalerone” there shall be inserted the word “Selegiline”.
GIVEN under the Official Seal of the Minister for Health this 22nd day of November, 1993.
BRENDAN HOWLIN,
Minister for Health.
EXPLANATORY NOTE.
This Order amends the Schedule to the Misuse of Drugs (Exemption) Order, 1988 by deleting Flunitrazepam and Temazepam thereby further restricting the possession of those drugs and their respective animal remedies and medical preparations.
The addition of Midazolam and Selegiline to the Schedule has the effect of exempting those drugs and their respective animal remedies and medical preparations, from the provisions of Section 3 of the Misuse of Drugs Act, 1977 . (This Section 3 makes the unauthorised possession of a controlled drug an offence).
S.I. No. 202/2010 – Misuse of Drugs (Exemption) (Amendment) Order 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 14th May, 2010.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )), hereby order as follows:—
Citation
1. This Order may be cited as the Misuse of Drugs (Exemption) (Amendment) Order 2010.
Interpretation
2. In this Order the “Principal Order” means the Misuse of Drugs (Exemption) Order 1988 ( S.I. No. 326 of 1988 ) as amended by the Misuse of Drugs (Exemption) (Amendment) Order 1993 ( S.I. No. 339 of 1993 ) and the Misuse of Drugs (Exemption) (Amendment) Order 2006 ( S.I. No. 54 of 2006 ).
Amendment of Part 1 of the Schedule to the Principal Order
3. Part 1 of the Schedule to the Principal Order is amended—
(a) in paragraph 1—
(i) by inserting after “Alprazolam” the word “Aminorex.”,
(ii) by inserting after “Bromazepam” the word “Brotizolam.”,
(iii) by inserting after “Mefenorex” the word “Mesocarb.”, and
(iv) by inserting after “Triazolam” the word “Zolpidem.”.
(b) by substituting the following for paragraph 3:-
“3. Any fungus of any kind or description, which contains psilocin or an ester of psilocin, where that fungus is growing uncultivated.”
Revocation of Misuse of Drugs (Exemption) (Amendment) Order 2006 ( S.I. No. 54 of 2006 )
4. The Misuse of Drugs (Exemption) (Amendment) Order 2006 ( S.I. No. 54 of 2006 ) is hereby revoked.
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GIVEN under my Official Seal,
11 May 2010.
MARY HARNEY,
Minister for Health and Children.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The effect of this Order is to exempt from the provisions of section 3 of the Misuse of Drugs Act 1977 (which makes the possession of controlled drugs an offence) those preparations listed in this Order.
S.I. No. 554/2011 – Misuse of Drugs (Exemption) (Amendment) Order 2011.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 4th November, 2011.
I, RÓISÍN SHORTALL, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 493 of 2011 ), hereby order as follows:
Citation
1. This Order may be cited as the Misuse of Drugs (Exemption) (Amendment) Order 2011.
Interpretation
2. In this Order, the “Principal Order” means the Misuse of Drugs (Exemption) Order 1988 ( S.I. No. 326 of 1988 ), as amended by the Misuse of Drugs (Exemption) (Amendment) Order 1993 ( S.I. No. 339 of 1993 ) and the Misuse of Drugs (Exemption) (Amendment) Order 2010 ( S.I. No. 202 of 2010 ).
Amendment of Part 1 of the Schedule to the Principal Order
3. Part 1 of the Schedule to the Principal Order is amended by inserting the following after paragraph 3:—
“4.Any plant of any kind or description, which contains Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a, 10b-dimethyl-4, 10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxy- late (otherwise known as Salvinorin A), where that plant is growing uncultivated.
5. Any plant of any kind or description, which contains Methyl 2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine), where that plant is growing uncultivated.
6. Any plant of any kind or description, which contains Methyl 2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) or an ester or ether of 7-hydroxymitragynine, where that plant is growing uncultivated.”
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GIVEN under my Hand,
1 November 2011.
RÓISIN SHORTALL,
Minister of State at the Department of Health.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The effect of this Order is to amend the Misuse of Drugs (Exemption) Order 1988 so as to exempt from the provisions of section 3 of the Misuse of Drugs Act 1977 (which makes the possession of controlled drugs an offence) plants containing Salvinorin A or plants containing Mitragynine or 7-Hydroxymitragynine where such plants are growing uncultivated.
S.I. No. 175/2017 –
Misuse of Drugs (Exemption) Order 2017.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th May, 2017.
I, CATHERINE BYRNE, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 3) Order 2016 ( S.I. No. 511 of 2016 ), hereby order as follows:
1. This Order may be cited as the Misuse of Drugs (Exemption) Order 2017.
2. This Order comes into operation on 4 May 2017.
3. In this Order—
“animal remedy” has the meaning assigned to it by the Animal Remedies Act 1993 (No. 23 of 1993);
“medicinal product” has the meaning assigned to it by Council Directive 2001/83/EC of 6 November 20011 , as amended from time to time.
4. Subsection (1) of section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) shall not apply to the controlled drugs specified in the Schedule.
SCHEDULE
PART 1
1. Any medicinal product or animal remedy containing one or more of the following substances, their stereoisomeric forms or any salt of any of the said substances or of their stereoisomeric forms:—
Aminorex
Fencamfamin
Fenproporex
Mefenorex
Mesocarb
Propylhexedrine.
Pyrovalerone.
Selegiline.
2. Any preparation containing not more than 100 milligrams of methylphenobarbitone or of phenobarbitone (calculated in either case in terms of base) per dosage unit and no other controlled drug and which in the case of an undivided preparation has a concentration of not more than 0.5 per cent of phenobarbitone (calculated as base) and no other controlled drug.
3. Any plant of any kind or description, which contains Methyl (2S,4aR,6aR, 7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5, 6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate (otherwise known as Salvinorin A) where the plant is growing uncultivated.
4. Any plant of any kind or description, which contains Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) or an ester or ether of 7-Hydroxymitragynine where that plant is growing uncultivated.
5. Any plant of any kind or description, which contains Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) where that plant is growing uncultivated.
6. Any fungus containing any proportion of Psilocin or of an ester of Psilocin where that fungus is growing uncultivated.
PART 2
1. (a) Any preparation of one or more of the substances to which this paragraph applies (not being a preparation designed for administration by injection) when compounded with one or more other ingredients and which contains a total of not more than 100 milligrams of the substance or substances (calculated as base) per dosage unit and which in the case of an undivided preparation has a total concentation of not more than 2.5 per cent of the substance or substances (calculated as base).
(b) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, ethylmorphine (3-ethylmorphine), nicocodine, nicodicodine (6-nicotinoyldihydrocodeine), norcodeine, pholcodine and their respective salts.
2. Any preparation of dihydrocodeine (not being a preparation designed for administration by injection) containing, per dosage unit, not more than 10 milligrams of dihydrocodeine (calculated as base) and which in the case of an undivided preparation has a concentration of not more than 1.5 per cent of dihydrocodeine (calculated as base).
3. Any preparation of cocaine containing not more than 0.1 per cent of cocaine (calculated as cocaine base), being a preparation which is compounded with one or more other ingredients in such a way that the cocaine cannot be readily recovered.
4. Any preparation of medicinal opium or of morphine, (not being a preparation designed for administration by injection), containing, in either case, not more than 0.2 per cent of morphine (calculated as anhydrous morphine base), being a preparation which is compounded with one or more other ingredients in such a way that the opium or morphine cannot be readily recovered.
5. Any preparation of dextropropoxyphene, being a preparation designed for oral administration, containing not more than 135 milligrams of dextropropoxyphene (calculated as base) per dosage unit or with a total concentration of not more than 2.5 per cent, (calculated as base) in undivided preparations.
6. Any preparation of difenoxin containing, per dosage unit, not more than 0.5 milligrams of difenoxin and a quantity of atropine sulphate equivalent to at least 5 per cent of the dose of difenoxin.
7. Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrams of diphenoxylate (calculated as base), and a quantity of atropine sulphate equivalent to at least 1 per cent of the dose of diphenoxylate.
8. Any preparation of propiram containing, per dosage unit, not more than 100 milligrams of propiram (calculated as base) and which is compounded with at least the same amount, by weight, of methylcellulose.
9. Any powder of ipecacuanha and opium comprising 10 per cent powdered opium, 10 per cent powdered ipecacuanha root, both well mixed with the remaining 80 per cent consisting of any other powdered ingredient which contains no controlled drug.
10. Any mixture containing one or more of the preparations specified in this Part of this Schedule, being a mixture of which none of the other ingredients is a controlled drug.
11. Poppy straw.
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GIVEN under my Hand,
2 May 2017.
CATHERINE BYRNE,
Minister of State at the Department of Health.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The effect of this Order is to exempt from the provisions of section 3 (which prohibits the possession of controlled drugs) of the Misuse of Drugs Act, 1977 as amended, the medicinal products, animal remedies and preparations specified in the Schedule. They are essentially preparations in which there are only small quantities of controlled drugs. In addition the order exempts from the provisions of section 3 any fungus containing any proportion of Psilocin, or of an ester of Psilocin, where that fungus is growing uncultivated and any plants containing Salvinorin A, Mitragynine or 7-Hydroxymitragynine where such plants are growing uncultivated.
MISUSE OF DRUGS REGULATIONS
S.I. No. 328/1988 –
Misuse of Drugs Regulations, 1988.
S.I. No. 328 of 1988.
MISUSE OF DRUGS REGULATIONS, 1988.
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation.
2. Revocations.
3. Interpretation.
PART II
PRODUCTION, SUPPLY, IMPORTATION AND EXPORTATION OF CONTROLLED DRUGS
4. General prohibition.
5. Licences.
6. Administration.
7. Exemption for practitioners, pharmacists, etc.
8. Supply in hospitals, etc.
PART III
POSSESSION OF CONTROLLED DRUGS
9. General exemptions.
10. Exemption for midwives in respect of pentazocine and pethidine.
11. General authorities.
PART IV
DOCUMENTATION AND RECORD KEEPING
12. Documents to be obtained by a supplier.
13. Form of prescriptions.
14. Supply on prescription.
15. Marking of containers.
16. Keeping of registers for drugs in Schedules 1 and 2.
17. Record-keeping in particular cases for drugs in Schedule 2.
18. Keeping of records for drugs in Schedules 3 and 4.
19. Preservation of registers, etc.
20. Preservation of records for drugs in Schedules 3 and 5.
21. Furnishing of information with respect to controlled drugs.
PART V
MISCELLANEOUS
22. Destruction of certain drugs.
23. Disposal of certain drugs on cessation of business.
24. Forged, etc. prescriptions.
25. Publication, sale etc. of certain books, periodicals and other publications.
26. Amendment of the Misuse of Drugs (Safe Custody) Regulations, 1982 (S.I. No. 321 of 1982).
27. Transitional provisions.
SCHEDULES
Schedule 1
Controlled drugs subject to the requirements of articles 12, 13, 14, 15, 16, 19, 21, 22, 23, 25 and 26.
Schedule 2
Controlled drugs subject to the requirements of articles 12, 13, 14, 15, 16, 17, 19, 21, 22, 23 and 26.
Schedule 3
Controlled drugs subject to the requirements of articles 12, 13, 14, 15, 18, 19, 20, 21, 22, 23 and 26.
Schedule 4
Controlled drugs subject to the requirements of articles 20, 21, 22 and 23.
Schedule 5
Controlled drugs exempted from the prohibition on importation and exportation and subject to the requirements of article 20.
Schedule 6
Forms of register.
S.I. No. 328 of 1988.
MISUSE OF DRUGS REGULATIONS, 1988.
The Minister for Health, in exercise of the powers conferred on him by sections 4 , 5 , 18 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), and section 5 of the Misuse of Drugs Act, 1984 (No. 18 of 1984), hereby makes the following Regulations:
PART IGENERAL
1 Citation.
1. These Regulations may be cited as the Misuse of Drugs Regulations, 1988.
2 Revocations.
2. The Misuse of Drugs Regulations, 1979 ( S.I. No. 32 of 1979 ) and the Misuse of Drugs (Amendment) Regulations, 1987 ( S.I. No. 263 of 1987 ) are hereby revoked.
3 Interpretation.
3. (1) In these Regulations—
“the Act” means the Misuse of Drugs Act, 1977 :
“the Acts relating to merchant shipping” means the Merchant Shipping Acts, 1894 to 1983 and the Mercantile Marine Act, 1955 (No. 29 of 1955);
“authorised as a member of a group” means authorised by virtue of being a member of a class in respect of which the Minister has granted an authority which is in force under and for the purposes of article 8(2) and “his group authority” in relation to a person who is a member of such a class means the authority so granted to that class;
“health board” means a board established under section 4 of the Health Act, 1970 (No. 1 of 1970);
“health prescription” and “health service requisition” means a prescription or a requisition issued in connection with arrangements made under section 59 of the Health Act, 1970 upon a form supplied by or on behalf of a health board;
“installation manager” “offshore installation” and “Industrial Medical Adviser (Offshore Installations)” have the same meaning as in the Safety, Health and Welfare (Offshore Installations) Act, 1987 (No. 18 of 1987);
“master” has the same meaning as in the Acts relating to merchant shipping;
“matron or acting matron” includes any male nurse occupying a similar position;
“medical preparation” has the same meaning as in section 65 of the Health Act, 1947 (No. 28 of 1947) as amended by section 39 of the Health Act, 1953 (No. 26 of 1953);
“the Minister” means the Minister for Health;
“officer of customs and excise” means an officer within the meaning of the Customs Acts;
“person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons” means a person lawfully keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons under the Pharmacy Acts 1875-1977 as amended by the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 ( S.I. No. 239 of 1987 );
“An Post” means the company referred to in section 10 (1) (a) of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);
“practitioner” means a registered medical practitioner, a registered dentist and a registered veterinary surgeon;
“prescription” means a prescription issued by a registered medical practitioner for the medical treatment of an individual, by a registered dentist for the dental treatment of an individual or by a registered veterinary surgeon for the purposes of animal treatment;
“produce”, where the reference is to producing a controlled drug, means producing it by cultivation, manufacture, synthesis or by any other method;
“register” means a bound book and does not include any form of loose leaf register or card index;
“sister or acting sister” includes any male nurse occupying a similar position;
“the State Chemist” means the head of the State Laboratory;
“wholesaler” means a person who carries on the business of selling drugs to persons for the purpose of resale.
(2) In these Regulations any reference to an article or Schedule shall be construed as a reference to an article contained in these Regulations or, as the case may be, to a Schedule thereto; any reference in an article to a sub-article shall be construed as a reference to a sub-article of that article; and any reference in a Schedule to a paragraph shall be construed as a reference to a paragraph of that Schedule.
PART IIProduction, Supply, Importation and Exportation of Controlled Drugs.
4 General prohibition.
4. (1) Subject to the provisions of these Regulations a person shall not—
(a) produce a controlled drug,
(b) supply or offer to supply a controlled drug, or
(c) import or export a controlled drug.
(2) (a) Sub-article (1) (c) shall not apply to any drug specified in Schedule 4 or 5.
(b) Sub-article (1) (b) shall not apply to poppy straw.
5 Licences.
5. A person so authorised by a licence granted by the Minister under section 14 of the Act and for the time being in force may, under and in accordance with the terms of the licence and in compliance with any conditions attached thereto—
(a) produce, supply, offer to supply, import, export or have in his possession any controlled drug to which the licence relates or
(b) cultivate opium poppy or any plant of the genus Cannabis, or any plant of the genus Erythroxylon as may be specified in the licence.
6 Administration.
6. It shall not be a contravention of the provisions of article 4 (1) (b) for—
(a) any person to administer to another any drug specified in Schedule 5,
(b) a registered medical practitioner or registered dentist to administer to a patient any drug specified in Schedules 2, 3 or 4.
(c) any person, other than a registered medical practitioner or registered dentist, to administer to a patient, in accordance with the directions of a registered medical practitioner or registered dentist, any drug specified in Schedules 2, 3 or 4.
7 Exemption for practitioners, pharmacists, etc.
7. (1) A practitioner or pharmacist may, when acting in his capacity as such, for the purpose of his profession or business—
(a) supply or offer to supply any drug specified in Schedules 2, 3, 4 or 5 to any person who may lawfully have that drug in his possession, or
(b) manufacture or compound any such drug.
(2) A person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons may, when acting in his capacity as such, for the purpose of his profession or business, at the premises at which he keeps open shop—
(a) supply or offer to supply any drug specified in Schedules 2, 3, 4 or 5 to any person who may lawfully have that drug in his possession, or
(b) manufacture or compound any such drug
provided that nothing in this article shall be construed as authorising a registered druggist to supply or offer to supply a controlled drug on foot of a medical prescription.
8 Supply in hospitals. etc.
8. (1) A person may supply or offer to supply any drug specified in Schedules 2, 3, 4 or 5 to any person who may lawfully have that drug in his possession where the person so supplying or offering to supply the drug is a person acting in his capacity as—
(a) the matron or acting matron of a hospital or nursing home which is wholly or mainly maintained by a public authority out of public funds or by a charity or by voluntary subscriptions, and the drug is a medical preparation,
(b) the sister or acting sister for the time being in charge of a ward, theatre or other department in such a hospital or nursing home where the drug is a medical preparation supplied to her by a person responsible for the dispensing and supply of medicines at such hospital or nursing home,
(c) a person in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research and which is attached to a university or a hospital referred to in paragraph (a) of this sub-article, or a person in charge of any other laboratory engaged in the conduct of scientific education or research and which is attached to any other institution approved for the purpose by the Minister,
(d) the State Chemist,
(e) the Director of the Forensic Science Laboratory of the Department of Justice,
(f) a public analyst appointed under section 10 of the Sale of Food and Drugs Act, 1875,
(g) the Medical Director of the National Drugs Advisory Board,
(h) a person employed or engaged in connection with any arrangements made for testing the quality or amount of the drugs, medicines and appliances supplied for the purpose of section 59 of the Health Act, 1970 ,
(i) a person employed or engaged as an inspector in connection with a scheme for the licensing of manufacturers or wholesalers of medical preparations under the Health Acts 1947 to 1985,
(j) a person authorised under and in accordance with Regulations made under section 65 of the Health Act, 1947 (as amended by section 39 of the Health Act, 1953 and by section 36 of the Act) for the purpose of enforcement and execution of the said Regulations,
(k) a person appointed as an inspector by the Pharmaceutical Society of Ireland, acting under the directions in writing of the Registrar of the said Society;
provided that nothing in this sub-article shall be construed as authorising—
(i) the matron or acting matron of a hospital or nursing home, having a pharmacist responsible for the dispensing and supply of medicines, to supply or offer to supply any drug, or
(ii) a sister or acting sister for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a registered medical practitioner or a registered dentist.
(2) A person who is authorised as a member of a group may, under and in accordance with the terms of his group authority and in compliance with any conditions attached thereto, supply or offer to supply any drug specified in Schedules 2, 3, 4 or 5 which is a medical preparation to any person who may lawfully have that drug in his possession.
(3) The owner of a ship, or the master of a ship which does not carry on board as part of her complement a registered medical practitioner, may supply or offer to supply any drug specified in Schedules 2, 3, 4 or 5 which is a medical preparation—
(a) to any member of the crew,
(b) to any person who may lawfully supply that drug; or
(c) to a member of the Garda Sióchána or an officer of customs and excise for the purpose of destruction.
(4) The installation manager of an offshore installation may supply or offer to supply any drug specified in Schedules 2, 3, 4 or 5 which is a medical preparation —
(a) to any person on that installation, whether present in the course of his employment or not,
(b) to any person who may lawfully supply that drug; or
(c) to a member of the Garda Síochána or an officer of customs and excise for the purpose of destruction.
(5) A person whose name is for the time being entered in a register kept for the purposes of this sub-article by the Minister may, at the premises in respect of which his name is entered in the register and in compliance with any conditions subject to which his name is so entered, supply or offer to supply any drug specified in Schedules 3, 4 or 5 to any person who may lawfully have that drug in his possession.
PART IIIPossession of Controlled Drugs
9 General exemptions.
9. (1) A person who, by virtue of these Regulations, is authorised to produce, supply or offer to supply any drug specified in Schedules 2, 3, or 4 may in accordance with the provisions of the Regulations have such drug in his possession.
(2) A person may have in his possession any drug specified in Schedules 2 or 3 for administration for medical, dental or veterinary purposes in accordance with the directions of a practitioner;
provided that this sub-article shall not have effect in the case of a person to whom the drug has been supplied by or on the prescription of a registered medical practitioner if—
(a) that person was then being supplied with any controlled drug by or on the prescription of another registered medical practitioner and failed to disclose that fact to the first mentioned registered medical practitioner before the supply by him or on his prescription; or
(b) that person or any other person on his behalf made a declaration or statement which was false in any particular for the purpose of obtaining the supply or prescription.
(3) A person whose name is for the time being entered in a register kept for the purposes of this sub-article by the Minister may, in compliance with any conditions subject to which his name is so entered, have in his possession any drug specified in Schedules 3 or 4.
(4) The master of a foreign ship which is in a port in the State may have in his possession any drug specified in Schedules 2 or 3 so far as is necessary for the equipment of his ship.
(5) A person who is authorised as a member of a group may, under and in accordance with his group authority and in compliance with any conditions attached thereto, have any drug specified in Schedules 2 or 3 which is a medical preparation in his possession.
10 Exemption for midwives in respect of pentazocine and pethidine.
10. (1) Subject to the provisions of this article a midwife who is employed by a health board or a hospital authority to provide community based maternity services or who has in accordance with the provisions of section 57 of the Nurses Act, 1985 , (No. 18 of 1985) notified to a health board her intention to practise may so far as is necessary for her practice as a midwife, have in her possession or administer any medical preparation which contains pentazocine or pethidine.
(2) Nothing in sub-article (1) shall be construed as authorising a midwife to have pentazocine or pethidine in her possession unless it has been obtained on foot of a written order signed by the midwife and an appropriate medical practitioner setting out the name and address of the midwife, the purpose for which the drug is required and the quantity to be obtained.
(3) In this article—
“appropriate medical practitioner” means a registered medical practitioner practising in the area in which the midwife practises;
“midwife” means a person registered in the midwives division of the register of nurses maintained under section 27 of the Nurses Act, 1985 .
11 General authorities.
11. (1) Any of the following persons may have a controlled drug in his possession, that is to say—
(a) a member of the Garda Síochána when acting in the course of his duty as such;
(b) an officer of customs and excise when acting in the course of his duty as such;
(c) a person authorised in writing by the Minister in accordance with section 24 of the Act, when acting in the course of his duty as such;
(d) a person engaged in connection with the Postal Services provided by An Post when acting in the course of his duty as a person so engaged;
(e) a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged;
(f) a person engaged in the business of a carrier when acting bona fide in the course of that business;
(g) a person engaged in conveying the drug to a person authorised by these Regulations to have in his possession.
(2) A person who is lawfully in possession of a controlled drug may supply that drug to a person from whom he obtained it.
PART IV Documentation and Record Keeping
12 Documents to be obtained by a supplier.
12. (1) Where a person (in this sub-article referred to as “the supplier”), not being a practitioner, supplies a controlled drug otherwise than on a prescription, he shall not deliver the drug to a person who—
(a) purports to be sent by or on behalf of the person to whom it is to be supplied (in this sub-article referred to as “the recipient”), and
(b) is not authorised by any provision of these Regulations other than the provisions of article 11(1) (g) to have that drug in his possession,
unless the person produces to the supplier a statement in writing signed by the recipient to the effect that the person is empowered by the recipient to receive that drug on his behalf, and the supplier is reasonably satisfied that the document is a genuine document.
(2) Where a person (in this sub-article referred to as “the supplier”) supplies a controlled drug, otherwise than on a prescription or by way of administration, to any of the persons specified in sub-article (4), the supplier shall not deliver the drug—
(a) until he has obtained a requisition in writing which—
(i) is signed by the person to whom the drug is to be supplied (in this sub-article referred to as “the recipient”),
(ii) states the name, address and occupation of the recipient,
(iii) specifies the purpose for which the drug to be supplied is required and the total quantity to be supplied, and
(iv) where appropriate, satisfies the requirements of sub-article (5); and
(b) unless he is reasonably satisfied that the signature on the requisition referred to at (a) is that of the recipient and that the recipient is engaged in the occupation specified in the requisition;
provided that where the recipient is a practitioner and he represents that he urgently requires a controlled drug for the purpose of his profession, the supplier may, if he is reasonably satisfied that the recipient so requires the drug and is unable by reason of urgency to furnish such requisition, deliver the drug to the recipient on an undertaking by the recipient to furnish such a requisition within twenty-four hours of such delivery.
(3) A practitioner who has given an undertaking in accordance with sub-article (2) shall deliver to the person by whom the controlled drug was supplied a signed requisition in accordance with the undertaking.
(4) The persons referred to in sub-article (2) are—
(a) a practitioner;
(b) the matron or acting matron of a hospital or nursing home;
(c) a person in charge of a laboratory;
(d) the owner of a ship, or the master of a ship which does not carry a registered medical practitioner on board as part of her complement;
(e) the master of a foreign ship in a port in the State;
(f) the installation manager of an offshore installation.
(5) A requisition furnished for the purpose of sub-article (2) shall—
(a) where it is furnished by the matron or acting matron of a hospital or nursing home, be signed by a registered medical practitioner or a registered dentist employed or engaged in that hospital or nursing home;
(b) where it is furnished by the master of a foreign ship, contain a statement, signed by a medical officer of health of the health board within whose functional area the ship is, that the quantity of the drug to be supplied is the quantity necessary for the equipment of the ship;
(c) where it is furnished by the installation manager of an offshore installation, contain a statement signed by the Industrial Medical Adviser (Offshore Installations) that the quantity of the drug to be supplied is the quantity necessary for the equipment of that installation.
(6) Where the person responsible for the dispensing and supply of medicines at any hospital or nursing home supplies a controlled drug to a sister or acting sister for the time being in charge of a ward, theatre or other department in that hospital or nursing home he shall—
(a) obtain a requisition in writing, signed by the sister or acting sister, which specifies the total quantity of the drug to be supplied; and
(b) mark the requisition in such manner as to show that it has been complied with;
and any requisition obtained for the purposes of this sub-article shall be retained in the dispensary at which the drug was supplied and a copy of the requisition or a note of it shall be retained or kept by the sister or acting sister for the time being in charge of that ward, theatre or other department.
(7) A person who supplies a controlled drug to—
(a) a person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons,
(b) a pharmacist responsible for the dispensing and supply of medicines in a hospital or nursing home, or
(c) the matron or acting matron of a hospital or nursing home, shall furnish with each consignment of such drug a form of receipt.
(8) The pharmacist or, as the case may be, the matron or acting matron on receipt of controlled drugs in the manner provided for in sub-article (7) shall—
(i) check the statements on the form of receipt,
(ii) enter thereon any deviations observed in the drugs received,
(iii) enter the date of receipt of the drugs,
(iv) sign the receipt document with his usual signature, and
(v) return the receipt to the supplier not later than three working days from the date of receipt of the said drugs.
(9) Nothing in this article shall have effect in relation to any drug specified in Schedule 4 or 5 or poppy straw.
13 Form of prescriptions.
13. (1) Subject to the provisions of this article, a person shall not issue a prescription for a controlled drug other than a drug specified in Schedule 4 or 5 unless he is satisfied as to the identity of the person for whose treatment the prescription is to be issued and the prescription complies with the following requirements, that is to say, it shall—
(a) be in ink or otherwise so as to be indelible and be signed by the person issuing it with his usual signature and dated by him;
(b) insofar as it specifies the information required by sub-paragraphs (f) and (g) below to be specified, be written by the person issuing it in his own handwriting;
(c) except in the case of a health prescription, specify the address of the person issuing it;
(d) clearly indicate the name of the person issuing it and state whether he is a registered medical practitioner, registered dentist or registered veterinary surgeon;
(e) specify the telephone number at which the person issuing it may be contacted;
(f) specify the name (including the given name) and address of the person for whose treatment it is issued or, if it is issued by a registered veterinary surgeon, of the person to whom the controlled drug prescribed is to be delivered;
(g) specify the dose to be taken and—
(i) in the case of a prescription for a controlled drug which is a preparation, the form and, where appropriate, the strength of the preparation, and either the total quantity (in both words and figures) of the preparation or the number (in both words and figures) of dosage units, as appropriate, to be supplied,
(ii) in any other case, the total quantity (in both words and figures) of the controlled drug to be supplied;
(h) in the case of a prescription for a total quantity intended to be dispensed by instalments, contain a direction specifying the amount of the instalments and the intervals at which the instalments may be dispensed.
(2) In the case of a prescription issued for the treatment of a patient in a hospital or nursing home, it shall be a sufficient compliance with sub-article (1) (e) and (f) if the prescription is written on the patient’s bed card or case sheet and such card or sheet shall be sufficient evidence of identity for the purposes of sub-article (1).
14 Supply on prescription.
14. (1) A person shall not supply a controlled drug other than a drug specified in Schedule 4 or 5 on a prescription—
(a) unless the prescription complies with the provisions of article 13;
(b) unless the address specified in the prescription as the address of the person issuing it is an address within the State;
(c) unless he either is acquainted with the signature of the person by whom it purports to be issued and has no reason to believe that the signature is not genuine, or has taken reasonably sufficient steps to satisfy himself that it is genuine;
(d) before the date specified in the prescription;
(e) subject to sub-article (3), later than fourteen days after the date of the prescription;
(f) unless he is satisfied as to the identity of the person for whose treatment the prescription is issued and in the case of the supply being made to a representative of the said person, unless he is satisfied that the said representative is a bona fide representative of the said person.
(2) Subject to sub-article (3) and (4), a person supplying on prescription a controlled drug, other than a drug specified in Schedule 4 or 5 shall, at the time of the supply—
(a) mark thereon the date on which the drug is supplied, and
(b) retain the prescription on the premises from which the drug was supplied.
(3) In the case of a prescription for a controlled drug other than a drug specified in Schedule 4 or 5, which contains a direction that specified instalments of the total amount may be dispensed at stated intervals, the person dispensing it shall not supply the drug otherwise than in accordance with that direction and—
(a) sub-article (1) shall have effect as if for the requirement contained in paragraph (e) thereof there were substituted a requirement that the occasion on which the first instalment is dispensed shall not be later than fourteen days after the date specified in the prescription;
(b) sub-article (2) shall have effect as if for the words “at the time of supply” there were substituted the words “on each occasion on which an instalment is supplied”;
provided that no instalment shall be supplied later than two months after the date specified in the prescription.
(4) Sub-article (2) shall apply to a health prescription on the basis that the duplicate copy thereof, made by the practitioner at the time of writing the original, shall be treated for the purposes of this article as if it were the original document.
15 Marking of containers.
15. (1) Subject to sub-article (2), a person shall not supply a controlled drug otherwise than in a bottle, package or other container which—
(a) in the case of a controlled drug other than a preparation, is clearly marked with the amount of the drug contained therein;
(b) in the case of a controlled drug which is a preparation made up into tablets, capsules or other dosage units, is clearly marked with the amount of each component (being a controlled drug) of the preparation in each dosage unit and the number of dosage units in the bottle, package or other container; and
(c) in the case of a controlled drug which is a preparation not so made up, is clearly marked with the total amount of the preparation in the bottle, package or other container and the percentage of each of its components which is a controlled drug.
(2) Nothing in this article shall have effect in relation to—
(a) a drug specified in Schedule 4 or 5 or poppy straw;
(b) the supply of a controlled drug by or on the prescription of a practitioner.
16 Keeping of registers for drugs in Schedules 1 and 2.
16. (1) Subject to sub-articles (4) and (6) and article 17, every person authorised by or under article 5, 7 or 8 to supply any drug specified in Schedule 1 or 2 shall comply with the following requirements, that is to say—
(a) he shall, in accordance with the provisions of this article, keep a register and shall enter therein in chronological sequence and in a manner which will show a running stock balance, particulars of every quantity of such a drug obtained by him and of every quantity of such a drug supplied whether by way of administration or otherwise by him whether to persons within or outside the State;
(b) he shall use a separate register or separate part of a register for entries made in respect of each class of drug;
(c) The entries in the register referred to in paragraph (a) of this sub-article shall be—
(i) in the form specified in Schedule 6, or
(ii) as the case may require, in the form specified in Part I or Part II of Schedule 7.
(2) For the purposes of sub-article (1) (b) each of the drugs specified in paragraphs 1 and 3 of Schedule 1 and paragraphs 1, 3 and 6 of Schedule 2 (together with its salts) and any preparation or other product containing it or any of its salts shall be treated as a separate class and any stereoisomeric form of a drug or its salts shall be treated as being in the same class as that drug.
(3) Nothing in sub-article (1) shall be taken as preventing the use of a separate section within a register or a separate part of a register in respect of different drugs or strengths of drugs comprised within the class of drugs to which that register or separate part relates.
(4) The foregoing provisions of this article shall not have effect in relation to—
(a) a person licensed under section 14 of the Act to supply any drug, where the licence so directs; or
(b) the sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or nursing home.
(5) Any person required to keep a register under this article shall comply with the following requirements, that is to say—
(a) the class of drugs to which the entries on any page of any such register relate shall be specified at the head of that page;
(b) every entry required to be made under this article in a register shall, where it is reasonably practicable to do so, be made on the day on which the drug is obtained or on which the transaction in respect of the supply of the drug by the person required to make the entry takes place or, in any case, on the day next following that day;
(c) no cancellation, obliteration or alteration of any such entry shall be made, and a correction of such an entry shall be made only by way of marginal note or footnote which shall specify the date on which the correction is made;
(d) every such entry and every correction of such an entry shall be made in ink or otherwise so as to be indelible;
(e) a register shall not be used for any purpose other than the purposes of these Regulations;
(f) subject to sub-article (5) (g) not more than one register shall be kept at one time in respect of each class of drug in respect of which he is required to keep a separate register;
(g) a separate register shall be kept in respect of each premises at which the person required to keep the register carries on his business or occupation and where the business is carried on in separate departments within a premises a separate register may, with the approval of the Minister, be kept in respect of each such department;
(h) every such register in which entries are currently being made shall be kept at the premises to which it relates and shall be readily available for inspection under section 24 of the Act.
(6) Sub-article (1) (a) insofar as it relates to the showing of a running stock balance shall not come into force until 1st day of May, 1989.
17 Record-keeping in particular cases for drugs in Schedule 2.
17. (1) Where a drug specified in Schedule 2 is supplied in accordance with article 8 (3) (a) to a member of the crew of a ship, an entry in the official log book required to be kept under the Acts relating to merchant shipping, or in the case of a ship which is not required to carry such an official log book, a report signed by the master of the ship, shall, notwithstanding anything in these Regulations, be a sufficient record of the supply if the entry or report specifies the drug supplied and, in the case of a report, it is delivered as soon as may be to the superintendent of a merchantile marine office established and maintained under the Acts relating to merchant shipping.
(2) Where a drug specified in Schedule 2 is supplied in accordance with article 8 (4) (a) to a person on an offshore installation, an entry in the installation log book which specifies the drug supplied shall, notwithstanding anything in these Regulations, be a sufficient record of the supply.
(3) A midwife authorised under article 10 to have pethidine in her possession shall—
(a) on each occasion on which she obtains a supply of pethidine, enter in a book kept by her and used solely for the purposes of this sub-article the date, the name and address of the person from whom the drug was obtained, the amount obtained and the form in which it was obtained; and
(b) on administering pethidine to a patient, enter in the said book as soon as practicable the name and address of the patient, the amount administered and the form in which it was administered.
18 Keeping of records for drugs in Schedules 3 and 4.
18. (1) A person who is authorised by a licence granted by the Minister for Health under section 14 of the Act:
(a) to produce any drug specified in Schedules 3 or 4 shall make a record of each quantity of such a drug produced by him,
(b) to import or export any drug specified in Schedule 3 shall make a record of each quantity of such drug imported or exported by him.
(2) A person who is authorised under article 8(5) to supply any drug specified in Schedule 4 shall make a record of each quantity of such drug imported or exported by him.
19 Preservation of registers, etc.
19. (1) All registers and books kept in pursuance of article 16 or 17 (3) shall be preserved for a period of two years from the date on which the last entry therein is made.
(2) Every order, prescription or requisition on which a controlled drug is supplied in pursuance of these Regulations shall be preserved for a period of two years from the date on which the last supply of a controlled drug was made on such order, prescription or requisition.
(3) Sub-article (2) shall apply to a health prescription or, as the case may be, to a health service requisition on the basis that the keeping of the duplicate copy thereof, made by the practitioner at the time of writing the original, shall be treated as if it were the keeping of the original document.
(4) Every receipt made and returned in pursuance of article 12 (7) and (8) shall be preserved for a period of two years from the date entered on the document as the date of receipt of the drugs to which the document relates.
(5) Every record made in pursuance of article 18 shall be preserved for a period of two years from the date on which the record was made.
20 Preservation of records for drugs in Schedules 3 and 5.
20. (1) A producer of any drug specified in Schedule 3 or 5 and a wholesaler of any such drug shall keep every invoice or other like record issued in respect of each quantity of such drug obtained by him and in respect of each quantity of such drug supplied by him.
(2) A person who is authorised under article 8 (5) to supply any drug specified in Schedule 3 shall keep every invoice or other like record issued in respect of each quantity of such drug obtained by him and in respect of each quantity of such drug supplied by him.
(3) A matron or acting matron of a hospital or nursing home or, as the case may be, a pharmacist responsible for the dispensing and supply of medicines in such hospital or nursing home and a person in charge of a laboratory shall, in respect of any drug specified in Schedule 3, keep every invoice or other like record issued in respect of each quantity of such drug obtained by him and in respect of each quantity of such drug supplied by him.
(4) A person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons shall—
(a) in the case of any drug specified in Schedule 3, keep every invoice or other like record issued in respect of each quantity of such drug obtained by him and in respect of each quantity of such drug supplied by him, and
(b) in the case of any drug specified in Schedule 5, keep every invoice or other like record issued in respect of each quantity of such drug obtained by him.
(5) Every invoice or other record which is required by this article to be kept in respect of a drug specified in Schedule 3 shall contain information sufficient to identify the date of the transaction and in the case of a drug obtained, the person by whom such drug was supplied and in the case of a drug supplied, the person to whom such drug was supplied.
(6) Every document kept in pursuance of this article shall be preserved for a period of two years from the date on which it was issued:
provided that the keeping of a copy of the document made at any time during the said period of two years shall be treated for the purposes of this article as if it were the keeping of the original document.
21 Furnishing of information with respect to controlled drugs.
21. (1) The persons referred to in paragraph (3) shall on demand made by the Minister or by any person authorised in writing by the Minister in that behalf—
(a) furnish such particulars as may be requested in respect of the producing, obtaining or supplying by him of any controlled drug or in respect of any stock of such drugs in his possession;
(b) for the purpose of confirming any such particulars, produce any stock of such drugs in his possession;
(c) produce any register, book or document in his possession which is required to be kept under these Regulations in respect of any dealings in controlled drugs.
(2) Where the demand referred to in sub-article (1) is made in writing the particulars, or confirmation thereof, shall be furnished not later than fourteen days from the date of the said demand.
(3) The persons referred to in paragraph (1) are—
(a) any person authorised by or under these Regulations or by a licence granted under section 14 of the Act, to produce, import or export any controlled drug;
(b) a wholesaler;
(c) a person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons;
(d) a practitioner;
(e) the matron or acting matron of a hospital or nursing home or, as the case may be, the pharmacist responsible for the dispensing and supply of medicines in such hospital or nursing home;
(f) a person in charge of a laboratory;
(g) a person who is authorised under article 8(5) to supply any controlled drug.
(4) Nothing in this article shall require the furnishing of personal records which a person has acquired or created in the course of his profession or occupation and which he holds in confidence; and in this paragraph “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating to his physical or mental health but does not include any register, book, prescription or other document required to be kept under these Regulations relating to any dealings in controlled drugs.
PART VMiscellaneous
22 Destruction of certain drugs.
22. (1) A person who is required by any provision of these Regulations, or by any term or condition of a licence having effect under section 14 of the Act to keep records with respect to a drug specified in Schedules 1, 2, 3 or 4 shall not destroy such drug or cause such drug to be destroyed except in the presence of and in accordance with any directions given by a person authorised (whether personally or as a member of a class) for the purposes of this sub-article by the Minister (in this article referred to as an “authorised person”).
(2) An authorised person may, for the purpose of analysis, take a sample of a drug specified in Schedules 1, 2, 3 or 4 which is to be destroyed.
(3) Where a drug specified in Schedules 1, 2, 3 or 4 is destroyed in pursuance of sub-article (1) by or at the instance of a person who is required by any provision of these Regulations, or by any term or condition of a licence having effect under section 14 of the Act, to keep a record in respect of the obtaining or supply of that drug, that record shall include particulars of the date of destruction and the quantity destroyed and shall be signed by the authorised person in whose presence the drug is destroyed.
(4) Where the master or owner of a ship or installation manager of an offshore installation has in his possession a drug specified in Schedule 2 which he no longer requires, he shall not destroy the drug or cause it to be destroyed but shall give it to a member of the Garda Siochana, an officer of customs and excise or to a person who may lawfully supply that drug to him.
(5) Nothing in sub-article (1) or (3) shall apply to any person who is required to keep records only by virtue of article 18 (1) (b) or (2) or article 20 (3) or (4) (a).
23 Disposal of certain drugs on cessation of business.
23. A person who has ceased to keep open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons or who becomes the legal personal representative of such a person shall on demand made by the Minister or by any person authorised in writing in that behalf by the Minister—
(i) furnish such particulars as may be requested in respect of any stock of a controlled drug in his possession;
(ii) for the purpose of confirming any such particulars, produce any stock of such drugs in his possession;
(iii) produce the register and such other books or documents in his possession relating to any dealings in drugs specified in Schedules 2, 3 or 4 as may be requested.
(iv) dispose of any stock of such drugs in his possession in accordance with any directions given by the Minister or by a person authorised as aforesaid.
24 Forged, etc. prescriptions.
24. Subsection (3) of section 18 of the Act (which prohibits the possession of either a forged prescription or a duly issued prescription which has been altered with intent to deceive) shall not apply in relation to any of the following persons—
(a) a member of the Garda Siochana when acting in the course of his duty as such;
(b) a person appointed as an inspector by the Pharmaceutical Society of Ireland when acting in the course of his duty as such;
(c) a person appointed as the secretary to or member of a Committee of Inquiry established under section 8 of the Act as substituted by section 3 of the Misuse of Drugs Act, 1984 (No. 18 of 1984) when acting in the course of his duty as such;
(d) a person authorised in writing by the Minister in accordance with section 24 of the Act when acting in his capacity as such;
(e) a person who has taken into his possession a forged prescription or a duly issued prescription which has been altered with intent to deceive, for the purpose of—
(i) preventing another from committing or continuing to commit an offence under the Act, or
(ii) delivering it into the custody of a person specified in paragraph (a) or (b) of this article.
25 Publication, sale etc. of certain books, periodicals and other publications.
25. The drugs specified in Schedule 1 are hereby prescribed for the purposes of section 5 of the Misuse of Drugs Act, 1984 .
26 Amendment of the Misuse of Drugs (Safe Custody) Regulations, 1982 ( S.I. No. 321 of 1982 ).
26. (1) In the Misuse of Drugs (Safe Custody) Regulations, 1982 ( S.I. No. 321 of 1982 ) every reference to “the Principal Regulations” and every reference to a controlled drug specified in Schedules 1, 2 or 3 of the Principal Regulations shall be construed as being a reference to these Regulations, and to Schedules 1, 2 and 3 of these Regulations, respectively.
(2) Article 5 of the Misuse of Drugs (Safe Custody) Regulations, 1982 is hereby amended by the insertion of the following sub-articles—
“(3) A person keeping open shop for the dispensing or compounding of medical prescriptions or for the sale of poisons and any person acting on behalf of such a person shall not install a safe or cabinet for the custody of controlled drugs unless such safe or cabinet complies with the specifications set-out in the Standard Specification (Burglar-Resistant Cabinets for the Storage of Controlled Drugs) Declaration, 1985 (I.S. 267:1985) made by the Institute for Industrial Research and Standards.
(4) Sub-article (3) shall not apply where the arrangements made for the custody of controlled drugs are based on the installation of a cabinet or money safe which is not in compliance with sub-article 3 or a strongroom and in either case a certificate provided for in article 6 has been obtained in respect of the arrangements.”.
27 Transitional provisions.
27. (1)Notwithstanding the provisions of article 2, any register, book, prescription or other document required to be preserved under articles 18 or 19 of the Misuse of Drugs Regulations, 1979 ( S.I. No. 32 of 1979 ) shall be preserved for the same period of time as if these Regulations had not been made.
(2) In the case of a prescription issued before the coming into operation of these Regulations, article 14(1) shall have effect as if—
(a) in the case of a prescription containing a controlled drug other than a drug to which the provisions of article 13 of the said Regulations of 1979 applied at the time the prescription was issued, paragraphs (a) and (b) of that article were omitted; and
(b) in any other case, for the said paragraphs (a) and (b) there were substituted the words “unless the prescription complies with the provisions of the Misuse of Drugs Regulations, 1979 relating to prescriptions”.
SCHEDULE 1
1. The following substances and products, namely:—
(a) Bufotenine.
Cannabinol, except where contained in cannabis or cannabis resin.
Cannabinol derivatives.
Cannabis and Cannabis resin.
Cathinone.
Coca leaf.
Concentrate of poppy-straw.
Eticyclidine.
Lysergamide.
Lysergide and other N-alkyl derivatives of lysergamide.
Mescaline.
Psilocin.
Raw opium.
Rolicyclidine.
Tenocyclidine.
N,N-Diethyltryptamine.
N.N-Dimethyltryptamine.
N-(1-Benzyl-4-piperidyl) propionanilide.
N-[1(2-Thenyl)- 4-piperidyl] propionanilide.
2.5-Dimethoxy-∝, 4-dimethylphenethylamine.
(b) any substance (not being a substance specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent:
(c) any substance (not being methoxyphenamine or a substance specified in sub-paragraph (a) above) structurally derived from phenethylamine, an N-alkylphenethylamine, ∝-methyl phenethylamine, an N-alkyl-∝-methylphenethylamine, ∝-ethylphenethylamine, or an N-alkyl-∝-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy. alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents:
(d) any substance (not being a substance specified in Schedule 2) structurally derived from fentanyl by modification in one or more of the following ways, that is to say.
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups:
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups:
(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group;
(e) any substance (not being a substance specified in Schedule 2) structurally derived from pethidine by modification in one or more of the following ways, that is to say,
(i) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group:
(v) by formation of an N-oxide or a quarternary base.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any ester or ether of a substance specified in paragraph 1 or 2.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1; 2, 3 or 4, not being a preparation specified in Schedule 5.
SCHEDULE 2
1. The following substances and products, namely:—
Acetorphine.
Acetylmethadol.
Alfentanil.
Allylprodine.
Alphacetylmethadol.
Alphameprodine.
Alphamethadol.
Alphaprodine.
Anileridine.
Benzethidine.
Benzylmorphine (3-benzylmorphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Bezitramide.
Carfentanil.
Clonitazene.
Cocaine.
Codoxime.
Desomorphine.
Dextromoramide.
Diamorphine.
Diampromide.
Diethylthiambutene.
Difenoxin.
Dihydromorphine.
Dimenoxadole.
Dimepheptanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone.
Drotebanol.
Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.
Ethylmethylthiambutene.
Etonitazene.
Etorphine.
Etoxeridine.
Fentanyl.
Furethidine.
Hydrocodone.
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Lofentanil.
Medicinal opium.
Metazocine.
Methadone.
Methyldesorphine,
Methyldihydromorphine (6-methyldihydromorphine).
Metopon.
Morpheridine.
Morpine.
Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives.
Myrophine.
Nabilone.
Nicomorphine.
Noracymethadol.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Oxycodone.
Oxymorphone.
Pethidine.
Phenadoxone.
Phenampromide.
Phenazocine.
Phencyclidine.
Phenomorphan.
Phenoperidine.
Piminodine.
Piritramide.
Proheptazine.
Properidine.
Racemethorphan.
Racemoramide.
Racemorphan.
Sufentanil.
Thebacon.
Thebaine.
Tilidine.
Trimeperidine.
4-Cyano-2-dimethylamino-4,4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
2- Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid.
1-Methyl-4-phenylpiperidine-4-carboxylic acid.
1-Phenylcyclohexylamine.
4 Phenylpiperidine-4-carboxylic acid ethyl ester.
4-(1-Phenylcyclohexyl) morpholine.
1-Piperidinocyclohexanecarbonitrile.
1-[1-(2-Thienyl)cyclohexyl] pyrrolidine.
4-[1-(-2-Thienyl)cyclohexyl]morpholine.
2. Any stereoisomeric form of a substance specified in paragraph 1 not being dextromethorphan or dextrorphan.
3. Any ester or ether of a substance specified in paragraph 1 or 2, not being a substance specified in paragraph 6.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2. 3 or 4, not being a preparation specified in Schedule 5.
6. The following substances and products, namely:
Acetyldihydrocodeine.
Amphetamine.
Benzphetamine.
Buprenorphine.
Butorphanol.
Codeine.
Dexamphetamine.
Dextropropoxyphene.
Dihydrocodeine.
Ethylmorphine (3-ethylmorphine).
Fenethylline.
Glutethimide.
Lefetamine,
Mecloqualone.
Methaqualone.
Methylamphetamine.
Methylphenidate.
Nalbuphine.
Nicocodine.
Nicodicodine (6-nicotinoyldihydrocodeine).
Norcodeine.
Phendimetrazine.
Phenmetrazine.
Pholcodine.
Propiram.
Quinalbarbitone.
Selegiline.
N-Ethylamphetamine.
7. Any stereoisomeric form of a substance specified in paragraph 6.
8. Any salt of a substance specified in paragraph 6 or 7.
9. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 6, 7 or 8 not being a preparation specified in Schedule 5.
SCHEDULE 3
1. The following substances, namely:—
(a) Cathine.
Chlorphentermine.
Diethylpropion.
Ethchlorvnol.
Ethinamate.
Mazindol.
Mephentermine.
Meprobamate.
Methyprylone.
Pemoline.
Pentazocine.
Phentermine.
Phenylacetone.
Pipradrol.
(b) any substance (not being quinalbarbitone) structurally derived from barbituric acid by disubstitution at the 5,5 positions, whether or not there is also substitution at the 1 position by a methyl substituent.
2. Any stereoisomeric form of a substance specified in paragraph 1, not being phenylpropanolamine.
3. Any salt of a substance specified in paragraphs 1 or 2.
4. Any preparation or other product containing any proportion of a substance or product specified in paragraphs 1, 2 or 3, not being a preparation specified in Part 2 of Schedule 4 or in Schedule 5.
SCHEDULE 4
PART I
1. The following substances, namely:—
(a) Alprazolam.
Bromazepam.
Camazepam.
Chlordiazepoxide.
Clobazam.
Clonazepam.
Clorazepic Acid.
Clotiazepam.
Cloxazolam.
Delorazepam.
Diazepam.
Estazolam.
Ethyl loflazepate.
Fencamfamin.
Fenproporex.
Fludiazepam.
Flunitrazepam.
Flurazepam.
Halazepam.
Haloxazolam.
Ketazolam.
Loprazolam.
Lorazepam.
Lormetazepam.
Medazepam.
Mefenorex.
Nimetazepam.
Nitrazepam.
Nordazepam.
Oxazepam.
Oxazolam.
Pinazepam.
Prazepam.
Propylhexedrine.
Pyrovalerone.
Temazepam.
Tetrazepam.
Triazolam.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any salt of a substance specified in paragraphs 1 or 2.
4. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1 to 3, not being a preparation specified in Schedule 5.
PART 2
Any preparation containing not more than 100 milligrams of methylphenobarbitone or of phenobarbitone (calculated in either case in terms of base) per dosage unit and no other controlled drug and which in the case of an undivided preparation has a concentration of not more than 0.5 per cent of phenobarbitone (calculated as base) and no other controlled drug.
SCHEDULE 5
1. (a) Any preparation of one or more of the substances to which this paragraph applies (not being a preparation designed for administration by injection) when compounded with one or more other ingredients and which contains a total of not more than 100 milligrammes of the substance or substances (calculated as base) per dosage unit and which in the case of an undivided preparation has a total concentation of not more than 2.5 per cent of the substance or substances (calculated as base).
(b) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, ethylmorphine (3-ethylmorphine), nicocodine, nicodicodine (6-nicotinoyldihydrocodeine), norcodeine, pholcodine and their respective salts.
2. Any preparation of dihydrocodeine (not being a preparation designed for administration by injection) containing, per dosage unit, not more than 10 milligrammes of dihydrocodeine (calculated as base) and which in the case of an undivided preparation has a concentration of not more than 1.5 per cent of dihydrocodeine (calculated as base).
3. Any preparation of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base, being a preparation which is compounded with one or more other ingredients in such a way that the cocaine cannot be readily recovered.
4. Any preparation of medicinal opium or of morphine containing, in either case, not more than 0.2 per cent of morphine calculated as anhydrous morphine base, being a preparation which is compounded with one or more other ingredients in such a way that the opium or morphine cannot be readily recovered.
5. Any preparation of dextropropoxyphene, being a preparation designed for oral administration, containing not more than 135 milligrammes of dextropropoxyphene (calculated as base) per dosage unit or with a total concentration of not more than 2.5 per cent, (calculated as base) in undivided preparations.
6. Any preparation of difenoxin containing, per dosage unit, not more than 0.5 milligrammes of difenoxin and a quantity of atropine sulphate equivalent to at least 5 per cent of the dose of difenoxin.
7. Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrammes of diphenoxylate calculated as base, and a quantity of atropine sulphate equivalent to at least 1 per cent of the dose of diphenoxylate.
8. Any preparation of propiram containing, per dosage unit, not more than 100 milligrammes of propiram calculated as base and which is compounded with at least the same amount, by weight, of methylcellulose.
9. Any powder of ipecacuanha and opium comprising 10 per cent powdered opium, 10 per cent powdered ipecacuanha root, both well mixed with the remaining 80 per cent consisting of any other powdered ingredient which contains no controlled drug.
10. Any mixture containing one or more of the preparations specified in this Schedule, being a mixture of which none of the other ingredients is a controlled drug.
SCHEDULE 6
Form of Register
Class of Drug
…………………………………………………… …………………………………………………… …………………
Product
…………………………………………………… …………………………………………………… ………………………….
(Insert name, form, strength and size as necessary)
Date on which supply received or transaction effected
Name and address of person from whom obtained or to whom supplied
Authority of person supplied to be in possession
Amount
Stock Balance
Obtained
Supplied
SCHEDULE 7
Form of Register
PART I
Entries to be made in case of obtaining.
Date on which supply received
Name
Address
Amount obtained
Form in which obtained
Of person or firm from whom
PART II
Entries to be made in case of supply
Date on which the transaction was effected
Name
Address
Particulars as to licence or authority of person or firm supplied to be in possession
Amount supplied
Form in which supplied
Stock Balance
Of person or firm supplied
GIVEN under the Official Seal of the Minister for Health this 8th day of December, 1988.
RORY O’HANLON,
Minister for Health.
EXPLANATORY NOTE.
These Regulations apply controls to the groups of drugs specified in Schedules 1 to 5 of the Regulations (being drugs to which the Misuse of Drugs Acts, 1977 and 1984 apply). The effect of the Regulations is to impose restrictions on the production, supply, importation and exportation of the drugs in question, which vary according to the extent to which these drugs are used for medical or scientific purposes and having regard to the likelihood of their being abused. Appropriate exemptions are provided to cover legitimate use for professional purposes by doctors, pharmacists etc. and in other specified circumstances.
In addition to these controls the Regulations specify the classes of persons who may have controlled drugs in their possession and the circumstances in which such possession would not be in contravention of the Act.
The Regulations contain other miscellaneous provisions such as requirements as to the form of prescriptions for controlled drugs, the keeping of books and records, arrangements for destruction or disposal of such drugs, and provisions regarding possession of forged prescriptions.
The Regulations also prescribe certain controlled drugs for the purposes of section 5 of the Misuse of Drugs Act, 1984 .
1 OJ No. L 311, 28.11.2001, p. 67.
S.I. No. 342/1993 – Misuse of Drugs (Amendment) Regulations, 1993.
S.I. No. 342 of 1993.
MISUSE OF DRUGS (AMENDMENT) REGULATIONS, 1993.
The Minister for Health, in exercise of the powers conferred on him by sections 4 , 5 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), hereby makes the following Regulations:—
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations, 1993.
2. These Regulations shall be construed as one with the Misuse of Drugs Regulations, 1988 ( S.I. No. 328 of 1988 ) and may be cited together with those Regulations as the Misuse of Drugs Regulations, 1988 and 1993.
3. The Misuse of Drugs Regulations, 1988 are hereby amended as follows:—
( a ) the following paragraph shall be added to article 4 (2)—
“(c) Sub-article (1) (c) shall not apply to Flunitrazepam or to Temazepam or to any animal remedy or medical preparation containing any proportion of any of those substances.”;
( b ) the following article shall be inserted after article 15—
“15A A person shall not export a controlled drug unless the transactions relating thereto are properly documented and the commercial documents such as invoices, cargo manifests, customs, transport and other shipping documentation accompanying the drug include the name of the drug as set out in the relevant Schedule or, where such name would not adequately identify the drug, the international non-proprietary name for the drug as recommended by the World Health Organisation. Such documentation as aforesaid shall be dated and shall also include the total quantity being exported, the name and address of the exporter and of the importer and when available that of the ultimate consignee.”;
( c ) in paragraph 1 (1) of Schedule 1—
(i) after “Eticyclidine” there shall be inserted “Khat (being the leaves of Catha edulis (Celastraceae)”; and
(ii) at the end there shall be added “N-Hydroxytenamphetamine” and “4-Methyl-aminorex”;
( d ) in paragraph 6 of Schedule 2, the word “Selegiline” shall be deleted;
( e ) in paragraph 1 (a) of Schedule 3—
(i) after “Ethinamate” there shall be inserted the words “Flunitrazepam”, and “4-Hydroxybutanoic acid”;
(ii) the word “Phenylacetone” shall be deleted; and
(iii) at the end there shall be added “Temazepam”; and
( f ) in paragraph 1 of Part 1 of Schedule 4—
(i) after “Mefenorex” there shall be inserted “Midazolam”;
(ii) after “Pyrovalerone” there shall be inserted “Selegiline”; and
(iii) the words “Flunitrazepam” and “Temazepam” shall be deleted.
GIVEN under the Official Seal of the Minister for Health this 22nd day of November, 1993.
BRENDAN HOWLIN,
Minister for Health.
EXPLANATORY NOTE.
These Regulations amend the Misuse of Drugs Regulations, 1988—
( a ) to require exports of controlled drugs to be properly documented and to ensure that the relating shipping documentation properly identifies the drug. This is to conform with Article 16 of the United Nations Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances,
( b ) to add certain additional substances to the Schedules to the Regulations. These include Khat, N-Hydroxy-tenamphetamine and 4-Methyl-aminorex (to Schedule 1), 4-Hydroxybutanoic acid (to Schedule 3) and Midazolam (to Schedule 4),
( c ) to reduce the extent of the controls applicable to Selegiline which is being transferred from Schedule 2 to Schedule 4,
( d ) to apply Schedule 3 type controls (except for import and export) to Flunitrazepam and Temazepam and to make consequential deletions from Schedule 4, and
( e ) to delete Phenylacetone (which as a scheduled substance is now to be the subject of another form of control under the Act).
S.I. No. 273/1999 – Misuse of Drugs (Amendment No. 1) Regulations, 1999
I, BRIAN COWEN, Minister for Health and Children, in exercise of the powers conferred on me by section 5 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1977 ), hereby make the following Regulations:—
1. These Regulations may be cited as the Misuse of Drugs (Amendment No. 1) Regulations, 1999.
2. These Regulations shall be construed as one with the Misuse of Drugs Regulations, 1988 and 1993 and may be cited together with those Regulations as the Misuse of Drugs Regulations, 1988 to 1999.
3. Regulation 11 of the Misuse of Drugs Regulations, 1988 ( S.I. No. 328 of 1988 ) is hereby amended by the addition of the following sub-paragraph to paragraph (1) thereof—
(h) an official of the Department of Agriculture and Food, engaged, in his official capacity as such, in the work of sampling for analysis of crops of Cannabis sativa L, for the purpose of Commission Regulation (EEC) No. 1164/89 of 28 April 1989 laying down detailed rules for the aid for fibre flax and hemp (OJ No. L 121, 29.04.1989, p4) as amended.
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GIVEN under my Official Seal, this 27th day of August, 1999.
BRIAN COWEN T.D.
Minister for Health and Children.
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 confer authority on certain inspectors, in the Department of Agriculture and Food, to lawfully possess Cannabis (hemp) in the course of their duties while monitoring and sampling for the purpose of the relevant EU scheme involving the grant of aid for the production of hemp fibre.
S.I. No. 53/2006 – Misuse of Drugs (Amendment) Regulations, 2006
S.I. No. 53 of 2006
MISUSE OF DRUGS (AMENDMENT) REGULATIONS, 2006
I, Mary Harney, Minister for Health and Children, in exercise of the powers conferred on me by sections 4, 5, and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No.308 of 1997 ), hereby make the following Regulations:
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations, 2006.
2. These Regulations shall come into force on the 31st day of January, 2006.
3. The Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) are hereby amended as follows:
In paragraph 1(a) of Schedule 1, after “Psilocin” there shall be inserted “any substance, product or preparation (whether natural or otherwise) including a fungus of any kind or description, which contains Psilocin or an ester of Psilocin.”
GIVEN under my Official Seal this 31st day of January, 2006.
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Mary Harney
_______________________
Minister for Health and Children
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The effect of this Regulation is to include any substance, product or preparation including fungi of any kind or description, containing psilocin or an ester of psilocin (which are commonly described as “magic mushrooms”) within the strict regime of control that applies to those drugs in Schedule 1 of the Regulations.
S.I. No. 200/2007 – Misuse of Drugs (Amendment) Regulations 2007
S.I. No. 200 of 2007
Misuse of Drugs (Amendment) Regulations 2007.
I, Mary Harney, Minister for Health and Children, in exercise of the powers conferred on me by sections 4, 5 (as amended by section 4 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 (No. 3 of 2006)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2007.
Interpretation.
2. In these Regulations, “Principal Regulations” means the Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988) as amended by the Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).
Amendment of article 3 of Principal Regulations.
3. Article 3(1) of the Principal Regulations is amended by substituting the following for the definitions of “practitioner” and “prescription”:
“‘practitioner’ means –
(a) a registered medical practitioner, a registered dentist or a registered veterinary surgeon, or
(b) subject to article 3A, a registered nurse;
‘prescription’ means a prescription issued by –
(a) a registered medical practitioner for the medical treatment of an individual,
(b) a registered dentist for the dental treatment of an individual,
(c) a registered veterinary surgeon for the purposes of animal treatment, or
(d) subject to article 3A, a registered nurse for the medical treatment of an individual;”.
Insertion of new articles 3A and 3B into Principal Regulations.
4. The Principal Regulations are amended by inserting the following immediately after article 3 but in Part I:
“Provisions applicable to practitioners who are registered nurses.
3A. (1) Notwithstanding any other provision of these Regulations but subject to sub-articles (2) and (3), a reference (howsoever expressed) in these Regulations to Schedule 2 or 3 shall, in the case of a reference in these Regulations to a registered nurse in the nurse’s capacity as a practitioner insofar, but only insofar, as that capacity relates to the issuing of prescriptions (and irrespective of whether the term ‘practitioner’ or ‘registered nurse’ is used), be construed to mean a reference to Schedule 8.
(2) A registered nurse shall not, in the nurse’s capacity as a practitioner, issue a prescription for a drug specified in Schedule 4, 5 or 8 unless the following conditions are satisfied:
(a) the nurse is employed by a health service provider in a hospital, nursing home, clinic or other health service setting (including any case where the health service is provided in a private home),
(b) the drug is a drug which would be prescribed in the usual course of the provision of the health service provided in the health service setting in which the nurse is employed,
(c) the prescription is in fact issued in the usual course of the provision of that health service,
(d) the prescription of the drug is –
(i) in the case of a drug specified in Part 1 of Schedule 8 –
(I) for the pain relief of a person in a hospital in respect of probable myocardial infarction,
(II) for the relief of the acute or severe pain of a person in a hospital after trauma, or
(III) for the post-operative pain relief of a person in a hospital who falls within subparagraph (I) or (II),
(ii) in the case of a drug specified in Part 2 of Schedule 8, for palliative care,
(iii) in the case of a drug specified in Part 3 of Schedule 8, for the purposes of midwifery, and
(iv) in the case of a drug specified in Part 4 of Schedule 8, for the neonatal care of a person in a hospital, and
(e) the route of administration of the drug prescribed is or is to be, in the case of a drug specified in Schedule 8, the route, or one of the routes, of administration specified in that Schedule opposite that drug.
(3) Nothing in this article shall be construed as restricting –
(a) a health service provider from –
(i) prohibiting a registered nurse employed by the provider from issuing, in the course of that employment, a prescription for any drug, or any class of drug, for which the nurse may otherwise issue a prescription pursuant to these Regulations, or
(ii) imposing conditions, in addition to those referred to in sub-article (2), which must be satisfied before a registered nurse employed by the provider may, in the course of that employment, issue a prescription pursuant to these Regulations, or
(b) the performance of any function conferred on An Bord Altranais under –
(i) the Nurses Act 1985 (No. 18 of 1985); or
(ii) any other enactment or statutory instrument.
(4) In this Regulation, ‘health service provider’ means the Health Service Executive, a hospital, a nursing home, a clinic or other person whose sole or principal activity or business is the provision of health services, or a class of health services, to the public or a class of the public.
Person may refuse to supply drug if reasonable cause to believe conditions referred to in article 3A have not been satisfied.
3B. Without prejudice to the generality of the other provisions of these Regulations pursuant to which a person may refuse to supply a drug, a person may refuse to supply a drug pursuant to a prescription issued by a registered nurse if the person has reasonable cause to believe that the conditions referred to in article 3A have not been satisfied in relation to the practitioner, the drug and the prescription.”.
Amendment of article 6 of Principal Regulations.
5. Article 6(b) and (c) of the Principal Regulations is amended by substituting “, registered dentist or registered nurse” for “or registered dentist” in every place where it occurs.
Amendment of article 7 of Principal Regulations.
6. Article 7 of the Principal Regulations is amended –
(a) in sub-article (1), by substituting “Subject to sub-article (1A), a” for “A”, and
(b) by inserting the following after sub-article (1):
“(1A) The reference to practitioner in sub-article (1) shall not include a registered nurse insofar as paragraph (b) of that sub-article is concerned.”.
Amendment of article 8 of Principal Regulations.
7. Article 8(1)(ii) of the Principal Regulations is amended by substituting “, a registered dentist or a registered nurse (which may be the sister or acting sister, as the case may be)” for “or a registered dentist”.
Amendment of article 9 of Principal Regulations.
8. Article 9(2) of the Principal Regulations is amended –
(a) by substituting “on the prescription of a registered medical practitioner or registered nurse” for “on the prescription of a registered medical practitioner”, and
(b) by substituting the following for paragraph (a):
“(a) that person was then being supplied with any controlled drug by or on the prescription of another registered medical practitioner or registered nurse and failed to disclose that fact to the first-mentioned registered medical practitioner or registered nurse, as the case may be, before the supply by him or on his prescription, or”.
Amendment of article 10 of Principal Regulations.
9. Article 10 of the Principal Regulations is amended by substituting the following for sub-articles (2) and (3):
“(2) Nothing in sub-article (1) shall be construed as authorising a midwife to have pentazocine or pethidine in her possession unless it has been obtained on foot of –
(a) a written order –
(i) signed by –
(I) the midwife, and
(II) a registered medical practitioner, or a registered nurse who falls within the definition of ‘practitioner’ in article 3(1), practising in the area in which the midwife practises, and
(ii) setting out the name and address of the midwife, the purpose for which the drug is required and the quantity to be obtained, or
(b) if the midwife falls within the definition of ‘practitioner’ in article 3(1) (but without prejudice to the generality of paragraph (a)), a written order signed by the midwife setting out the name and address of the midwife, the purpose for which the drug is required and the quantity to be obtained.
(3) In this article, ‘midwife’ means a person registered in the midwives division of the register of nurses maintained under section 27 of the Nurses Act 1985.”.
Amendment of article 11 of Principal Regulations.
10. Article 11(1) of the Principal Regulations is amended by inserting the following after paragraph (f):
“(fa) a registered nurse engaged in providing palliative care when acting in the course of the nurse’s duty as a nurse so engaged;”.
Amendment of article 12 of Principal Regulations.
11. Article 12(5)(a) of the Principal Regulations is amended by substituting “, a registered dentist or a registered nurse (which may be the matron or acting matron, as the case may be)” for “or a registered dentist”.
Amendment of article 13 of Principal Regulations.
12. Article 13(1) of the Principal Regulations is amended by substituting the following for paragraph (d):
“(d) clearly indicate the name of the person issuing it and state –
(i) whether he is a registered medical practitioner, registered dentist, registered veterinary surgeon or registered nurse, and
(ii) in the case of a registered nurse, the registration number assigned to the nurse in the register of nurses established under section 27 of the Nurses Act 1985; and”.
Insertion of new Schedule 8 into Principal Regulations.
13. The Principal Regulations are amended by inserting the following after Schedule 7:
“SCHEDULE 8
DRUGS WHICH PRACTITIONERS WHO ARE REGISTERED NURSES MAY PRESCRIBE WITHIN SCHEDULES 2 AND 3
PART 1
Drugs for pain relief in hospital
Drug
Route of administration
Morphine sulphate
Oral, intravenous, intramuscular
Codeine phosphate
Oral
PART 2
Drugs for palliative care
Drug
Route of administration
Morphine sulphate
Oral, subcutaneous
Hydromorphone
Oral, subcutaneous
Oxycodone
Oral, subcutaneous
Buprenorphine
Transdermal
Fentanyl
Transmucosal, transdermal
Methylphenidate
Oral
Codeine phosphate
Oral
PART 3
Drugs for purposes of midwifery
Drug
Route of administration
Pethidine
Intramuscular
PART 4
Drugs for neonatal care in hospital
Drug
Route of administration
Morphine sulphate Fentanyl
Oral, intravenous Intravenous
Fentanyl
Intravenous
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GIVEN under my Official Seal,
1 May 2007
MARY HARNEY
Minister for Health and Children.
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 (Amendment) Regulations 2007.
The purpose of these Regulations is to allow registered nurses to prescribe controlled medicinal products in certain circumstances.
Department of Health and Children
1 May 2007
S.I. No. 63/2009 – Misuse of Drugs (Amendment) Regulations 2009
S.I. No. 63 of 2009
MISUSE OF DRUGS (AMENDMENT) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 27th February, 2009.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 4 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 (Amendment) Regulations 2009.
Interpretation
2. In these Regulations, “Principal Regulations” means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) as amended by the Misuse of Drugs (Amendment) Regulations 1993 ( S.I. No. 342 of 1993 ), the Misuse of Drugs (Amendment No. 1) Regulations 1999 ( S.I. No. 273 of 1999 ) and the Misuse of Drugs (Amendment) Regulations 2007 ( S.I. No. 200 of 2007 ).
Amendment of article 3(1) of Principal Regulations.
3. Article 3(1) of the Principal Regulations is amended by inserting the following definition:
“ ‘prison officer’ means an officer of the Minister for Justice, Equality and Law Reform assigned to perform the duties of a prison officer.”
Insertion of new article 11(1)(i) into Principal Regulations.
4. The Principal Regulations are amended by inserting the following immediately after article 11(1)(h), as inserted by the Misuse of Drugs (Amendment No.1) Regulations 1999 ( S.I. No. 273 of 1999 ):
“(i) a prison officer when acting in the course of his duty as such.”
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GIVEN under my Official Seal,
20 February 2009
MARY HARNEY,
Minister for Health and Children.
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 (Amendment) Regulations 2009. The purpose of these Regulations is to allow prison officers to possess controlled drugs in the course of their duty.
S.I. No. 122/2009 – Misuse of Drugs (Amendment) (No. 2) Regulations 2009
S.I. No. 122 of 2009
MISUSE OF DRUGS (AMENDMENT) (No. 2) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th April, 2009.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by sections 4, 5, and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 ) and for the purpose of giving effect to Council Decision 2008/206/JHA of 8 March 2008 on defining 1-benzylpiperazine (BZP) as a new psychoactive substance which is to be made subject to control measures and criminal provisions 1 , hereby make the following Regulations:
1. These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations 2009.
2. The Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) are hereby amended as follows:
In paragraph 1(a) of Schedule 1, before “Bufotenine”, there shall be inserted “1-benzylpiperazine (BZP)”.
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GIVEN under my Official Seal,
31 March 2009
MARY HARNEY.
Minister for Health and Children.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The effect of this Regulation is to include 1-benzylpiperazine (BZP) within the strict regime of control that applies to those drugs in Schedule 1 of the Regulations.
1 O.J. L. 63, 7.3.2008, p45.
S.I. No. 200/2010 – Misuse of Drugs (Amendment) Regulations 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 14th May, 2010.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by sections 4, 5 (as amended by section 4 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 (No. 3 of 2006)) and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2010.
Interpretation
2. In these Regulations, “Principal Regulations” means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) as amended by the Misuse of Drugs (Amendment) Regulations 1993 ( S.I. No. 342 of 1993 ), the Misuse of Drugs (Amendment No. 1) Regulations 1999 ( S.I. No. 273 of 1999 ), the Misuse of Drugs (Amendment) Regulations 2006 ( S.I. No. 53 of 2006 ), the Misuse of Drugs (Amendment) Regulations 2007 ( S.I. No. 200 of 2007 ), the Misuse of Drugs (Amendment) Regulations 2009 ( S.I. No. 63 of 2009 ) and the Misuse of Drugs (Amendment) (No. 2) Regulations 2009 ( S.I. No. 122 of 2009 ).
Amendment of article 4 of the Principal Regulations
3. Article 4 of the Principal Regulations is amended by inserting the following after sub-article (2):—
“(3) (a) Sub-article (1) shall not apply to Butan-1,4-diol and Dihydrofuran-2(3H)-one except where a person imports, exports, produces, supplies or offers to supply either substance in circumstances where he knows, or ought reasonably to know, that the substance will be used for the purpose of human ingestion, whether by himself or another person, other than as a flavouring in food.
(b) In this sub-article references to Butan-1,4-diol and Dihydrofuran-2(3H)-one include—
(i) any stereoisomeric form of Butan-1,4-diol or Dihydrofuran-2(3H)-one;
(ii) any salt of Butan-1,4-diol, Dihydrofuran-2(3H)-one or of a substance specified in sub–paragraph (i) of this paragraph; and
(iii) any preparation or other product containing Butan-1,4-diol, Dihydrofuran-2(3H)-one or a substance specified in sub–paragraph (i) or (ii) of this paragraph.”
Insertion of a new article 9A into the Principal Regulations
4. The Principal Regulations are amended by the insertion of the following article after article 9:—
“9A (1) A person may have in his possession Butan-1,4-diol or Dihydrofuran-2(3H)-one except where he knows or ought reasonably to know that such substance is intended for human ingestion, whether by himself or another person, other than as a flavouring in food.
(2) In this article references to Butan-1,4-diol and Dihydrofuran-2(3H)-one include—
(i) any stereoisomeric form of Butan-1,4-diol or Dihydrofuran-2(3H)-one;
(ii) any salt of Butan-1,4-diol, Dihydrofuran-2(3H)-one or of a substance specified in sub–paragraph (i) of this paragraph; and
(iii) any preparation or other product containing Butan-1,4-diol, Dihydrofuran-2(3H)-one or a substance specified in paragraph (i) or (ii) of this sub-article.”
Amendment of Schedule 1 to the Principal Regulations
5. (1) Paragraph 1(a) of Schedule 1 to the Principal Regulations is amended as follows:-
(a) by substituting “1-benzylpiperazine (BZP)” with the words “1-Benzylpiperazine”,
(b) by inserting “1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone” before “1-Benzylpiperazine”,
(c) by inserting the following after “Concentrate of poppy-straw”:-
“[2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone.
3–Dimethylheptyl–11–hydroxyhexahydrocannabinol.”,
(d) by inserting the following after “Eticyclidine”:-
“Etryptamine.
1-(2-Fluorophenyl)-2-methylaminopropan-1-one.
1-(3-Fluorophenyl)-2-methylaminopropan-1-one.
1-(4-Fluorophenyl)-2-methylaminopropan-1-one.
9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol.
[9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a octahydrophenanthridin–1–yl] acetate.”, and
(e) by inserting the following after “Mescaline”:-
“Methcathinone.
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one.
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one.
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one.
-Methyl-4-(methylthio)phenethylamine.
1-(4-Methylphenyl)-2-methylaminopropan-1-one.”.
(2) The following subparagraphs are inserted after subparagraph (e) of paragraph 1 of Schedule 1 to the Principal Regulations:-
“(f) Any substance structurally derived from 3–(1–naphthoyl)indole or 1H–indol–3–yl–(1–naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(g) Any substance structurally derived from 3–(1–naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(h) Any substance structurally derived from 1–(1–naphthylmethyl)indene by substitution at the 3–position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(i) Any substance structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;
(j) Any substance structurally derived from 2–(3–hydroxycyclohexyl)phenol by substitution at the 5–position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(k) Any substance (not being a substance for the time being specified in Schedule 3) structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways—
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups”.
Amendment of Schedule 2 to the Principal Regulations
6. (1) Paragraph 1 of Schedule 2 to the Principal Regulations is amended as follows:—
(a) by inserting after “Difenoxin” the word “Dihydroetorphine.”,
(b) by inserting after “Norpipanone” the word “Oripavine.”,
(c) by inserting after “Racemorphan” the word “Remifentanil.” and
(d) by inserting after “Sufentanil” the word “Tapentadol.”.
(2) Paragraph 6 of Schedule 2 to the Principal Regulations is amended as follows:-
(a) by inserting after “Acetyldihydrocodeine” the word “Amineptine.”,
(b) by inserting after “Amphetamine” the word “Amphetaminil.”, and
(c) by inserting after “N-Ethylamphetamine” the word “Zipeprol.”.
Amendment of Schedule 3 to the Principal Regulations
7. Paragraph 1(a) of Schedule 3 to the Principal Regulations is amended as follows:—
(a) by inserting after “Cathine” the following:—
“1-(3-Chlorophenyl)-4-(3-chloropropyl)piperazine.
1-(3-Chlorophenyl)piperazine.”, and
(b) by inserting after “4-Hydroxybutanoic acid” the word “Ketamine.”.
Amendment of Schedule 4 to the Principal Regulations
8. Paragraph 1(a) of Part 1 of Schedule 4 to the Principal Regulations is amended as follows:—
(a) by inserting after “Alprazolam” the word “Aminorex.”,
(b) by inserting after “Bromazepam” the word “Brotizolam.”,
(c) by inserting after “Mefenorex” the word “Mesocarb.”, and
(d) by inserting after “Triazolam” the word “Zolpidem.”.
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GIVEN under my Official Seal,
11 May 2010.
MARY HARNEY,
Minister for Health and Children.
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 Regulations 1988 by inserting certain controlled drugs into the Schedules to the Principal Regulations. The Principal Regulations apply controls to the groups of drugs specified in Schedules 1 to 5 of the Regulations (being drugs to which the Misuse of Drugs Acts 1977 and 1984 apply) the effect of which is to impose restrictions on the production, supply, importation and exportation of the drugs in question, which vary according to the extent to which these drugs are used for medical or scientific purposes and having regard to the likelihood of their being abused.
These Regulations insert into Schedule 1 certain synthetic cannabinoids, benzylpiperazine derivatives (with the exception of 2 substances which are inserted into Schedule 3), mephedrone and related cathinones, and other narcotic and psychotropic substances. A number of other substances are inserted into Schedules 2, 3 and 4.
Butan-1,4-diol and Dihydrofuran-2(3H)-one are not inserted into any schedule. However, article 4 is amended to make it lawful to import, export, produce, supply, or offer to supply these substances except for the purpose of human ingestion other than as a flavouring in food. In addition, a new article 9A is inserted to make it lawful to possess these substances except for the purpose of human ingestion other than as a flavouring in food.
S.I. No. 200/2010 – Misuse of Drugs (Amendment) Regulations 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 14th May, 2010.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by sections 4, 5 (as amended by section 4 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 (No. 3 of 2006)) and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2010.
Interpretation
2. In these Regulations, “Principal Regulations” means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) as amended by the Misuse of Drugs (Amendment) Regulations 1993 ( S.I. No. 342 of 1993 ), the Misuse of Drugs (Amendment No. 1) Regulations 1999 ( S.I. No. 273 of 1999 ), the Misuse of Drugs (Amendment) Regulations 2006 ( S.I. No. 53 of 2006 ), the Misuse of Drugs (Amendment) Regulations 2007 ( S.I. No. 200 of 2007 ), the Misuse of Drugs (Amendment) Regulations 2009 ( S.I. No. 63 of 2009 ) and the Misuse of Drugs (Amendment) (No. 2) Regulations 2009 ( S.I. No. 122 of 2009 ).
Amendment of article 4 of the Principal Regulations
3. Article 4 of the Principal Regulations is amended by inserting the following after sub-article (2):—
“(3) (a) Sub-article (1) shall not apply to Butan-1,4-diol and Dihydrofuran-2(3H)-one except where a person imports, exports, produces, supplies or offers to supply either substance in circumstances where he knows, or ought reasonably to know, that the substance will be used for the purpose of human ingestion, whether by himself or another person, other than as a flavouring in food.
(b) In this sub-article references to Butan-1,4-diol and Dihydrofuran-2(3H)-one include—
(i) any stereoisomeric form of Butan-1,4-diol or Dihydrofuran-2(3H)-one;
(ii) any salt of Butan-1,4-diol, Dihydrofuran-2(3H)-one or of a substance specified in sub–paragraph (i) of this paragraph; and
(iii) any preparation or other product containing Butan-1,4-diol, Dihydrofuran-2(3H)-one or a substance specified in sub–paragraph (i) or (ii) of this paragraph.”
Insertion of a new article 9A into the Principal Regulations
4. The Principal Regulations are amended by the insertion of the following article after article 9:—
“9A (1) A person may have in his possession Butan-1,4-diol or Dihydrofuran-2(3H)-one except where he knows or ought reasonably to know that such substance is intended for human ingestion, whether by himself or another person, other than as a flavouring in food.
(2) In this article references to Butan-1,4-diol and Dihydrofuran-2(3H)-one include—
(i) any stereoisomeric form of Butan-1,4-diol or Dihydrofuran-2(3H)-one;
(ii) any salt of Butan-1,4-diol, Dihydrofuran-2(3H)-one or of a substance specified in sub–paragraph (i) of this paragraph; and
(iii) any preparation or other product containing Butan-1,4-diol, Dihydrofuran-2(3H)-one or a substance specified in paragraph (i) or (ii) of this sub-article.”
Amendment of Schedule 1 to the Principal Regulations
5. (1) Paragraph 1(a) of Schedule 1 to the Principal Regulations is amended as follows:-
(a) by substituting “1-benzylpiperazine (BZP)” with the words “1-Benzylpiperazine”,
(b) by inserting “1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone” before “1-Benzylpiperazine”,
(c) by inserting the following after “Concentrate of poppy-straw”:-
“[2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone.
3–Dimethylheptyl–11–hydroxyhexahydrocannabinol.”,
(d) by inserting the following after “Eticyclidine”:-
“Etryptamine.
1-(2-Fluorophenyl)-2-methylaminopropan-1-one.
1-(3-Fluorophenyl)-2-methylaminopropan-1-one.
1-(4-Fluorophenyl)-2-methylaminopropan-1-one.
9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol.
[9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a octahydrophenanthridin–1–yl] acetate.”, and
(e) by inserting the following after “Mescaline”:-
“Methcathinone.
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one.
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one.
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one.
-Methyl-4-(methylthio)phenethylamine.
1-(4-Methylphenyl)-2-methylaminopropan-1-one.”.
(2) The following subparagraphs are inserted after subparagraph (e) of paragraph 1 of Schedule 1 to the Principal Regulations:-
“(f) Any substance structurally derived from 3–(1–naphthoyl)indole or 1H–indol–3–yl–(1–naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(g) Any substance structurally derived from 3–(1–naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(h) Any substance structurally derived from 1–(1–naphthylmethyl)indene by substitution at the 3–position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(i) Any substance structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;
(j) Any substance structurally derived from 2–(3–hydroxycyclohexyl)phenol by substitution at the 5–position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(k) Any substance (not being a substance for the time being specified in Schedule 3) structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways—
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups”.
Amendment of Schedule 2 to the Principal Regulations
6. (1) Paragraph 1 of Schedule 2 to the Principal Regulations is amended as follows:—
(a) by inserting after “Difenoxin” the word “Dihydroetorphine.”,
(b) by inserting after “Norpipanone” the word “Oripavine.”,
(c) by inserting after “Racemorphan” the word “Remifentanil.” and
(d) by inserting after “Sufentanil” the word “Tapentadol.”.
(2) Paragraph 6 of Schedule 2 to the Principal Regulations is amended as follows:-
(a) by inserting after “Acetyldihydrocodeine” the word “Amineptine.”,
(b) by inserting after “Amphetamine” the word “Amphetaminil.”, and
(c) by inserting after “N-Ethylamphetamine” the word “Zipeprol.”.
Amendment of Schedule 3 to the Principal Regulations
7. Paragraph 1(a) of Schedule 3 to the Principal Regulations is amended as follows:—
(a) by inserting after “Cathine” the following:—
“1-(3-Chlorophenyl)-4-(3-chloropropyl)piperazine.
1-(3-Chlorophenyl)piperazine.”, and
(b) by inserting after “4-Hydroxybutanoic acid” the word “Ketamine.”.
Amendment of Schedule 4 to the Principal Regulations
8. Paragraph 1(a) of Part 1 of Schedule 4 to the Principal Regulations is amended as follows:—
(a) by inserting after “Alprazolam” the word “Aminorex.”,
(b) by inserting after “Bromazepam” the word “Brotizolam.”,
(c) by inserting after “Mefenorex” the word “Mesocarb.”, and
(d) by inserting after “Triazolam” the word “Zolpidem.”.
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GIVEN under my Official Seal,
11 May 2010.
MARY HARNEY,
Minister for Health and Children.
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 Regulations 1988 by inserting certain controlled drugs into the Schedules to the Principal Regulations. The Principal Regulations apply controls to the groups of drugs specified in Schedules 1 to 5 of the Regulations (being drugs to which the Misuse of Drugs Acts 1977 and 1984 apply) the effect of which is to impose restrictions on the production, supply, importation and exportation of the drugs in question, which vary according to the extent to which these drugs are used for medical or scientific purposes and having regard to the likelihood of their being abused.
These Regulations insert into Schedule 1 certain synthetic cannabinoids, benzylpiperazine derivatives (with the exception of 2 substances which are inserted into Schedule 3), mephedrone and related cathinones, and other narcotic and psychotropic substances. A number of other substances are inserted into Schedules 2, 3 and 4.
Butan-1,4-diol and Dihydrofuran-2(3H)-one are not inserted into any schedule. However, article 4 is amended to make it lawful to import, export, produce, supply, or offer to supply these substances except for the purpose of human ingestion other than as a flavouring in food. In addition, a new article 9A is inserted to make it lawful to possess these substances except for the purpose of human ingestion other than as a flavouring in food.
S.I. No. 552/2011 – Misuse of Drugs (Amendment) Regulations 2011.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 4th November, 2011.
I, RÓISÍN SHORTALL, Minister of State at the Department of Health, in exercise of the powers conferred on me by sections 4 , 5 (as amended by section 4 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 (No. 3 of 2006)) and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 493 of 2011 ), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2011.
Interpretation
2. In these Regulations, “Principal Regulations” means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ), as amended by the Misuse of Drugs (Amendment) Regulations 1993 ( S.I. No. 342 of 1993 ), the Misuse of Drugs (Amendment No. 1) Regulations 1999 ( S.I. No. 273 of 1999 ), the Misuse of Drugs (Amendment) Regulations 2006 ( S.I. No. 53 of 2006 ), the Misuse of Drugs (Amendment) Regulations 2007 ( S.I. No. 200 of 2007 ), the Misuse of Drugs (Amendment) Regulations 2009 ( S.I. No. 63 of 2009 ), the Misuse of Drugs (Amendment) (No. 2) Regulations 2009 ( S.I. No. 122 of 2009 ), the Misuse of Drugs Regulations 2010 ( S.I. No. 200 of 2010 ) and the Misuse of Drugs (Amendment) (No. 2) Regulations 2010 ( S.I. No. 607 of 2010 ).
Amendment of Schedule 1 to the Principal Regulations
3. (1) Paragraph 1(a) of Schedule 1 to the Principal Regulations is amended:—
(a) by inserting “1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl) propan-2-amine (otherwise known as BromodragonFLY)” after “1-Benzylpiperazine”,
(b) by inserting the following after “1-(4-Methoxyphenyl)-2-(methylamino) propan-1-one.”:—
“Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a, 10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]iso- chromene-7-carboxylate (otherwise known as Salvinorin A) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.” and
(c) by inserting the following after “2-Methylamino-1-(3,4-methylenedioxyphenyl) propan-1-one.”:—
“Methyl 2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahy-droindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance.
Methyl 2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7, 12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2- enoate (otherwise known as 7-Hydroxymitragynine) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.”.
(2) The following subparagraphs are inserted after subparagraph (k) of paragraph 1 of Schedule 1 to the Principal Regulations:—
“(l) Any substance (not being bupropion, diethylpropion or pyrovalerone) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:—
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2 or 3–position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(m) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:—
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(n)1, 2, 3, 4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1, 2, 3, 4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:—
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(o) Any substance structurally derived from 3-(1-benzoyl) indole or 3-(1-naphthoyl) indole by modification in any of the following ways:—
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl;
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent,
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.”.
Amendment of Schedule 2 to the Principal Regulations
4. Paragraph 1 of Schedule 2 to the Principal Regulations is amended:—
(a) by inserting “(3-Amino-2,2-dimethylpropyl) 4-aminobenzoate (otherwise known as Desethyl dimethocaine).” after “Alphaprodine.”,
(b) by inserting “Dimethocaine.” after “Dimepheptanol.”, and
(c) by inserting “(8-Methyl-8-azabicyclo[3.2.1]octan-3-yl) 4-fluorobenzoate (otherwise known as Fluorotropacocaine.” after “4-Cyano-1-methyl-4-phenylpiperidine.”.
Amendment of Schedule 3 to the Principal Regulations
5. Paragraph 1(a) of Schedule 3 to the Principal Regulations is amended by inserting “2-Benzhydrylpiperidine (otherwise known as Desoxypipradrol).” before “Cathine.”.
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GIVEN under my hand,
1 November 2011.
RÓISIN SHORTALL,
Minister of State at the Department of 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 Regulations 1988 by inserting certain controlled drugs into the Schedules to those Regulations. The Regulations of 1988 apply controls to the groups of drugs specified in Schedules 1 to 5 of the Regulations (being drugs to which the Misuse of Drugs Acts 1977 and 1984 apply), the effect of which is to impose restrictions on the production, supply, importation, exportation and authority to be in possession of the drugs in question, which vary according to the extent to which these drugs are used for medical or scientific purposes and having regard to the likelihood of their being abused.
These Regulations insert into Schedule 1 substances structurally derived from cathinone (excluding bupropion, diethylpropion and pyrovalerone), substances structurally derived from naphyrone and related substances, substances structrually derived from 2-aminotetralin, 2-aminoindane, 2-aminodilin and related substances, additional synthetic cannabinoids, and BromodragonFLY. In addition, salvinorin A, mitragynine and 7-hydroxymitragynine are inserted into Schedule 1, as are products, plants and plant materials containing those substances and their preparations. Dimethocaine and fluorotropacocaine are inserted into Schedule 2. Desoxypipradrol is inserted into Schedule 3.
S.I. No. 323/2014 – Misuse of Drugs (Amendment) Regulations 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th July, 2014.
I, ALEX WHITE, Minister of State at the Department of Health, in exercise of the powers conferred on me by sections 4, 5 (as amended by section 4 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 (No. 3 of 2006)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), and the Health (Delegation of Ministerial Functions) Order 2012 ( S.I. No. 553 of 2012 ) hereby make the following Regulations:
Collective citation
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2014.
(2) The Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ), the Misuse of Drugs (Amendment) Regulations 1993 ( S.I. No. 342 of 1993 ), the Misuse of Drugs (Amendment No. 1) Regulations 1999 ( S.I. No. 273 of 1999 ), the Misuse of Drugs (Amendment) Regulations 2006 ( S.I. No. 53 of 2006 ), the Misuse of Drugs (Amendment) Regulations 2007 ( S.I. No. 200 of 2007 ), the Misuse of Drugs (Amendment) Regulations 2009 ( S.I. No. 63 of 2009 ), the Misuse of Drugs (Amendment) (No. 2) Regulations 2009 ( S.I. No. 122 of 2009 ), the Misuse of Drugs Regulations 2010 ( S.I. No. 200 of 2010 ), the Misuse of Drugs (Amendment) (No. 2) Regulations 2010 ( S.I. No. 607 of 2010 ), the Misuse of Drugs (Amendment) Regulations 2011 ( S.I. No. 552 of 2011 ) and these Regulations may be cited together as the Misuse of Drugs Regulations 1988 to 2014 and shall be construed together as one.
Interpretation
2. In these Regulations“Principal Regulations” means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ).
Amendment of Article 3 of the Principal Regulations
3. Article 3 (as amended by Regulation 3 of the Misuse of Drugs (Amendment) (No. 2) Regulations 2010) of the Principal Regulations is amended by inserting after the definition of “installation manager” the following definition:
“‘marketing authorisation’ means an authorisation or licence which is for the time being in force and which has been granted by–
(a) the Health Products Regulatory Authority in accordance with–
(i) the Medicinal Products (Control of Placing on the Market) Regulations 2007 ( S.I. No. 540 of 2007 ), including a product authorisation or a parallel import licence, or
(ii) Article 126a of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20011 ,
(b) the European Commission under Council Regulation (EEC) No. 2309/93 of 22 July 19932 or Regulation (EC) No. 726/2004 of the European Parliament and of the Council of 31 March 20043 ,
(c) the competent authority of 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 19934 , in accordance with Article 6 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001, or
(d) the competent authority in the Swiss Confederation for the granting of authorisations or licences for the marketing of medicinal products;”.
Amendment of Article 13 of the Principal Regulations
4. Article 13 (as amended by Regulation 4 of the Misuse of Drugs (Amendment) (No. 2) Regulations 2010) of the Principal Regulations is amended by inserting the following after sub-article (3):
“(4) In the case of a prescription for a controlled drug specified in the Schedule to the Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 ( S.I. No 225 of 1998 ), the requirements specified in sub-article (1)(f) and (g) shall not be required to be in the practitioner’s own handwriting.”.
Amendment of Schedule 1 to the Principal Regulations
5. Paragraph 1(a) of Schedule 1 (as amended by Regulation 3 of the Misuse of Drugs (Amendment) Regulations 2011) to the Principal Regulations is amended by substituting for “Cannabis and cannabis resin.” the following:
“Cannabis (not being a preparation specified in paragraph 10 of Schedule 2).
Cannabis resin.”.
Amendment of Schedule 2 to the Principal Regulations
6. Schedule 2 (as amended by Regulation 4 of the Misuse of Drugs (Amendment) Regulations 2011) to the Principal Regulations is amended by inserting after paragraph 9 the following paragraphs:
“10.An extract of cannabis which–
(a) is a medicinal product for human use which has been granted a marketing authorisation and which is presented as a liquid formulation for administration to a person through a meter dose pump as amucosal mouth spray, and
(b) has a concentration of not more than 30 milligrams of cannabidiol per millilitre, and not more than 30 milligrams of delta-9-tetrahydrocannabinol per millilitre, where the ratio of cannabidiol to delta-9-tetrahydrocannabinol is between 0.7 to 1.3.
11. Any stereoisomeric form of a substance specified in paragraph 10.
12. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 10 or 11, not being a preparation specified in Schedule 5.”.
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GIVEN under my Hand,
11 July 2014.
ALEX WHITE,
Minister of State at the Department of 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 Regulations 1988. The Regulations of 1988 apply controls to the groups of drugs specified in Schedules 1 to 5 of the Regulations (being drugs to which the Misuse of Drugs Acts 1977 and 1984 apply), the effect of which is to impose restrictions on the production, supply, importation and exportation of the drugs in question, which vary according to the extent to which these drugs are used for medical or scientific purposes and having regard to the likelihood of their being abused.
These Regulations amend the Misuse of Drugs Regulations 1988—
(a) to insert into Schedule 2 authorised medicinal products containing a liquid extract of cannabis having a specified composition and presentation, in order to permit such products to be prescribed, supplied and possessed for the treatment of patients, and
(b) to remove the handwriting requirements in relation to certain details on prescriptions for controlled drugs specified in the Schedule to the Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 ( S.I. No. 225 of 1998 ).
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2014.
1 OJ No. L. 311, 28.11.2001, p. 67.
2 OJ No. L.214, 24.8.1993, p. 1.
3 OJ No. L. 136, 30.4.2004, p. 1.
4 OJ No. L. 1, 3.01.1994, p. 572.
S.I. No. 583/2014 – Misuse of Drugs (Amendment) (No. 2) Regulations 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th December, 2014.
I, LEO VARADKAR, Minister for Health, in exercise of the powers conferred on me by sections 4 , 5 (as amended by section 4 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006 (No. 3 of 2006)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following regulations:
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations 2014.
(2) The collective citation “the Misuse of Drugs Regulations 1988 to 2014” includes these Regulations.
2. In these Regulations “Principal Regulations” means the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ).
3. Paragraph 1(a) of Schedule 1 (as amended by Regulation 5 of the Misuse of Drugs (Amendment) Regulations 2014 ( S.I. No. 323 of 2014 )) to the Principal Regulations is amended—
(a) by inserting “5-(2-Aminopropyl) indole (otherwise known as 5-IT).” before “1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone.”,
(b) by inserting “3,4-dichloro-N-[[1-(dimethylamino) cyclohexyl]methyl]benzamide (otherwise known as AH-7921).” after “Concentrate of poppy-straw.”,
(c) by inserting “4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl) phenethylamine (otherwise known as 25I-NBOMe).” after “[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate.”, and
(d) by inserting “2-(3-methoxyphenyl)-2-(ethylamino) cyclohexanone (otherwise known as methoxetamine).” after “Methcathinone.”.
4. Paragraph 6 of Schedule 2 (as amended by Regulation 6 of the Misuse of Drugs (Amendment) Regulations 2014) to the Principal Regulations is amended by inserting “4-Hydroxybutanoic acid (otherwise known as gamma-hydroxybutyric acid (GHB)).” after “Glutethimide.”.
5. Paragraph 1(a) of Schedule 3 (as amended by Regulation 5 of the Misuse of Drugs (Amendment) Regulations 2011 ( S.I. No. 552 of 2011 )) to the Principal Regulations is amended by deleting “4-Hydroxybutanoic acid.”.
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GIVEN under my Seal,
17 December 2014.
LEO VARADKAR,
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 Regulations 1988. The Regulations of 1988 apply controls to the groups of drugs specified in Schedules 1 to 5 of the Regulations (being drugs to which the Misuse of Drugs Acts 1977 and 1984 apply), the effect of which is to impose restrictions on the production, supply, importation and exportation of the drugs in question, which vary according to the extent to which these drugs are used for medical or scientific purposes and having regard to the likelihood of their being abused.
These Regulations amend the Misuse of Drugs Regulations 1988 by adding certain additional substances to Schedule 1 of the Regulations, and increasing the extent of the controls applicable to 4-Hydroxybutanoic acid.
These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations 2014.
S.I. No. 532/2017 – Misuse of Drugs (Amendment) Regulations 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 1st December, 2017.
I, CATHERINE BYRNE, Minister of State at the Department of Health, in exercise of the powers conferred on me by sections 4, 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)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), section 5 of the Misuse of Drugs Act 1984 and the Health (Delegation of Ministerial Functions) (No. 4) Order 2017 ( S.I. No. 339 of 2017 ), hereby make the following regulations:
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2017.
(2) The Principal Regulations and these Regulations may be cited together as the Misuse of Drugs Regulations 2017.
2. In these Regulations “Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ).
3. Paragraph 1(a) of Schedule 1 to the Principal Regulations is amended—
(a) by inserting “3,4-Dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700)” after “3,4-Dichloro-N-[[1-(dimethylamino) cyclohexyl]methyl]benzamide (otherwise known as AH-7921)”,
(b) by inserting “Ethyl phenyl(piperidin-2-yl) acetate (otherwise known as Ethylphenidate)” after “3-Dimethylheptyl-11-hydroxyhexahydrocannabinol”,
(c) by inserting “[1-(5-Fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone (otherwise known as XLR-11)” after “Etryptamine”, and
(d) by inserting “N-Methyl-1-(thiophen-2-yl) propan-2-amine (otherwise known as Methiopropamine)” after “1-(4-Methylphenyl)-2-methylaminopropan-1-one”.
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GIVEN under my Hand,
24 November 2017.
CATHERINE BYRNE,
Minister of State at the Department of 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 Regulations 2017 by inserting into Schedule 1 to those Regulations the following:
3,4-Dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700);
Ethyl phenyl(piperidin-2-yl) acetate (otherwise known as Ethylphenidate);
[1-(5-Fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone (otherwise known as XLR-11); and
N-Methyl-1-(thiophen-2-yl) propan-2-amine (otherwise known as Methiopropamine).
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2017.
S.I. No. 282/2019 – Misuse Of Drugs (Amendment) 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, 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)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), and section 5 of the Misuse of Drugs Act 1984 , hereby make the following regulations:
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2019.
(2) The Principal Regulations, the Regulations of 2017 and these Regulations may be cited together as the Misuse of Drugs Regulations 2017 to 2019 and shall be construed together as one.
2. In these Regulations—
“Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 )
“Regulations of 2017” means the Misuse of Drugs (Amendment) Regulations 2017 ( S.I. No. 532 of 2017 ).
3. Paragraph 1(a) of Schedule 1 (as amended by Regulation 3 of the Regulations of 2017) to the Principal Regulations is amended—
(a) by substituting “Cannabinol derivatives, not being dronabinol or its stereoisomers” for “Cannabinol derivatives”, and
(b) by substituting for “Cannabis (not being a preparation specified in paragraph 5 of Schedule 4 Part 1)” the following:
“Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 or a preparation or product specified in paragraph 10 of Schedule 2)”.
4. Schedule 2 to the Principal Regulations is amended—
(a) in paragraph 1, by inserting “Dronabinol” after “Dipipanone”, and
(b) by inserting after paragraph 9 the following paragraph:
“10. A preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 ) and permitted for supply pursuant to those Regulations.”.
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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 amend the Misuse of Drugs Regulations 2017—
(a) to insert into Schedule 2 preparations containing dronabinol, and
(b) to insert into Schedule 2 certain cannabis products or preparations for medical use, which are specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019.
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2019.
S.I. No. 99/2020 – Misuse of Drugs (Amendment) Regulations 2020
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 10th April, 2020.
I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by sections 4, 5 (as amended by section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), and section 5 of the Misuse of Drugs Act 1984 (No. 18 of 1984), hereby make the following regulations:
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2020.
(2) The Principal Regulations, the Misuse of Drugs (Amendment) Regulations 2017 ( S.I. No. 532 of 2017 ), the Misuse of Drugs (Amendment) Regulations 2019 ( S.I. No. 282 of 2019 ) and these Regulations may be cited together as the Misuse of Drugs Regulations 2017 to 2020.
2. In these Regulations “Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ).
3. Regulation 2(1) of the Principal Regulations is amended by inserting after the definition of “the Minister” the following definition:
“‘national electronic prescription transfer system” has the meaning assigned to it by the Medicinal Products (Prescription and Control of Supply) Regulations 2003 ( S.I. No. 540 of 2003 ), as amended by the Medicinal Products (Prescription and Control of Supply) (Amendment) Regulations 2020 ( S.I. No. 98 of 2020 );”.
4. Regulation 15 of the Principal Regulations is amended—
(a) in paragraph (2)—
(i) in subparagraph (a), by inserting “, or shall be transferred via the national electronic prescription transfer system” after “indelible”,
(ii) in subparagraph (c), by inserting “, or, in the case of a prescription transferred via the national electronic prescription transfer system, clearly indicate the date of issuance and be traceable electronically back to the practitioner issuing it” after “dated by him or her”, and
(iii) in subparagraph (g), by substituting “paragraphs (4) and (5)” for “paragraph (4)”, and
(b) by inserting after paragraph (4) the following paragraph:
“(5) In the case of a prescription transferred via the national electronic prescription transfer system, the information listed paragraph (2)(g) is not required to be specified in the practitioner’s handwriting.”.
5. Regulation 16 of the Principal Regulations is amended—
(a) in paragraph (2), by substituting “paragraphs (4) and (7)” for “paragraph (4)”,
(b) in paragraph (3), by substituting “Subject to paragraph (7), in the case” for “In the case”,
(c) in paragraph (5), by substituting “Subject to paragraph (7), in the case” for “In the case”, and
(d) by inserting after paragraph (6) the following paragraph:
“(7) In the case of a prescription transferred via the national electronic prescription transfer system, a person supplying a controlled drug on such prescription shall print a copy of the prescription and the requirements of paragraphs (2), (3)(c) and (d) and (5)(b), where applicable, shall apply in respect of that copy of the prescription as if it were the original prescription.”.
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GIVEN under my Official Seal,
2 April, 2020.
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 amend the Misuse of Drugs Regulations 2017 to take account of the national electronic prescription transfer system established by the Medicinal Products (Prescription and Control of Supply) (Amendment) Regulations 2020 ( S.I. No. 98 of 2020 ) in response to the Covid-19 emergency.
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2020.
S.I. No. 121/2021 – Misuse of Drugs (Amendment) Regulations 2021
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 23rd March, 2021.
I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 4 , 5 (amended by section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and section 5 of the Misuse of Drugs Act 1984 (No. 18 of 1984), hereby make the following regulations:
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2021.
2. The Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ) are amended by the substitution of the following Schedule for Schedule 1:
“Schedule 1
1. The following substance and products, namely-
(a) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (otherwise known as Clockwork Orange, 5F AKB48)
N-[(2S)-1-Amino-3,3-dimethyl-1-oxobutan-2yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as ADB-CHMINACA)
N-(1-Amino-3,3-dimethyl-1-oxobutan-2yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as ADB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as AB-CHMINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2yl]-1-pentyl-1H-indazole-3-carboxamide (otherwise known as AB-PINACA)
5-(2-Aminopropyl)indole (otherwise known as 5-IT)
1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone
N-(1-Benzyl-4-piperidyl)propionanilide
2-(4-Bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25B-NBOMe)
1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (otherwise known as BromodragonFLY)
Bufotenine
Cannabinol, except where contained in Cannabis or cannabis resin
Cannabinol derivatives, not being dronabinol or its stereoisomers
Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ) or a preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 )) and permitted for supply pursuant to those Regulations
Cannabis resin
Cathinone
2-(4-Chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25C-NBOMe)
1-(4-Cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (otherwise known as CUMYL-4CN-BINACA)
1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (otherwise known as MT45)
Coca leaf
Concentrate of poppy straw
3,4-Dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (otherwise known as AH-7921)
3,4-Dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700)
[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone
N,N-Diethyltryptamine
2,5-Dimethoxy-α,4-dimethylphenethylamine
N,N-Dimethyltryptamine
3-Dimethylheptyl-11-hydroxyhexahydrocannabinol
Ethyl phenyl(piperidin-2-yl)acetate (otherwise known as Ethylphenidate)
Eticyclidine
Etryptamine
[1-(5-Fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as XLR-11)
1-(2-Fluorophenyl)-2-methylaminopropan-1-one
1-(3-Fluorophenyl)-2-methylaminopropan-1-one
1-(4-Fluorophenyl)-2-methylaminopropan-1-one
9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate
N-Hydroxy-tenamphetamine
2-(4-Iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25I-NBOMe)
Khat (being the leaves of Catha edulis (Celastraceae))
Lysergamide
Lysergide and other N-alkyl derivatives of lysergamide
Mescaline
Methcathinone
2-(3-Methoxyphenyl)-2-(ethylamino)cyclohexanone (otherwise known as methoxetamine)
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one
Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate (otherwise known as Salvinorin A) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one
4-Methyl-aminorex
Methyl 2-[[1-(cyclohexylmethyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate (otherwise known as MDMB CHMICA)
Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PINACA)
Methyl (2S)-2[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (otherwise known as FUB-AMB)
4-Methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine (otherwise known as 4,4’-DMAR)
α-Methyl-4-(methylthio)phenethylamine
1-(4-Methylphenyl)-2-methylaminopropan-1-one
(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as UR-144)
N-Methyl-1-(thiophen-2-yl)propan-2-amine (otherwise known as Methiopropamine)
Psilocin
Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (otherwise known as Clockwork Orange, PB22)
Raw opium
Rolicyclidine
Tenocyclidine
N-[1-(2-Thenyl)-4-piperidyl]propionanilide
(b) Any substance (not being bupropion, diethylpropion or pyrovalerone) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2- or 3-position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(c) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(d) Any substance structurally derived from 3-(1-benzoyl)indole or 3-(1-naphthoyl)indole by modification in any of the following ways:
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl;
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.
(e) 1-Benzylpiperazine or any substance (not being a substance specified in Schedule 3 of the Misuse of Drugs Regulations 2017) structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways:
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups.
(f) Any substance (not being a substance specified in Schedule 2 of the Misuse of Drugs Regulations 2017) structurally derived from fentanyl by modification in one or more of the following ways, that is to say:
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups;
(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group.
(g) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(h) Any substance structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(i) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(j) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(k) Any substance (not being a substance specified in Schedule 2 of the Misuse of Drugs Regulations 2017) structurally derived from pethidine by modification in one or more of the following ways, that is to say:
(i) by replacement of the 1-methyl group by an acyl, alkyl (whether or not unsaturated), benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halo or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or of a quaternary base.
(l) Any substance (not being methoxyphenamine) structurally derived from phenethylamine, an N-alkyl-phenethylamine, α-methylphenethylamine, an N-alkyl- α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl- α- ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halo substituents, whether or not further substituted in the ring by one or more other univalent substituents.
(m) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
(n) Any fungus containing any proportion of Psilocin or of an ester of Psilocin.
(o) 1,2,3,4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1,2,3,4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(p) Any substance structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the side-chain with one or more alkyl substituents but no other substituent”.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any ester or ether of a substance specified in paragraph 1 or 2.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2, 3 or 4, not being a preparation specified in Schedule 5 of the Misuse of Drugs Regulations 2017.
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GIVEN under my Official Seal,
18 March, 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.)
The purpose of these Regulations is to amend the Misuse of Drugs Regulations 2017 by adding certain additional substances to schedule 1 of the Regulations.
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2021.
S.I. No. 210/2022 – Misuse of Drugs (Amendment) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 3rd May, 2022.
I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 4 , 5 (amended by section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and section 5 of the Misuse of Drugs Act 1984 (No. 18 of 1984), hereby make the following regulations:
1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2022.
2. The Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ) are amended—
(a) by substituting for Schedule 1 to those Regulations the Schedule set out in Schedule 1 to these Regulations, and
(b) by substituting for Schedule 4 to those Regulations the Schedule set out in Schedule 2 to these Regulations.
3. The following are revoked:
(a) the Misuse of Drugs (Amendment) Regulations 2017 ( S.I. No. 532 of 2017 ); and
(b) the Misuse of Drugs (Amendment) Regulations 2021 ( S.I. No. 121 of 2021 ).
(a)
Regulation 2(a)
SCHEDULE 1
New Schedule 1 to Misuse of Drugs Regulations 2017
“SCHEDULE 1
1. The following substances and products, namely-
(a) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (otherwise known as Clockwork Orange, 5F AKB48)
N-[(2S)-1-Amino-3,3-dimethyl-1-oxobutan-2yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as ADB-CHMINACA)
N-(1-Amino-3,3-dimethyl-1-oxobutan-2yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as ADB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as AB-CHMINACA)
(S)-N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as AB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2yl]-1-pentyl-1H-indazole-3-carboxamide (otherwise known as AB-PINACA)
5-(2-Aminopropyl)indole (otherwise known as 5-IT)
1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone
N-(1-Benzyl-4-piperidyl)propionanilide
2-(4-Bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25B-NBOMe)
1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (otherwise known as BromodragonFLY)
Bufotenine
Cannabinol, except where contained in Cannabis or cannabis resin
Cannabinol derivatives, not being dronabinol or its stereoisomers
Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4) or a preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 )) and permitted for supply pursuant to those Regulations
Cannabis resin
Cathinone
2-(4-Chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25C-NBOMe)
1-(4-Cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (otherwise known as CUMYL-4CN-BINACA)
1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (otherwise known as MT-45)
Coca leaf
Concentrate of poppy straw
3,4-Dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl] benzamide (otherwise known as AH-7921)
3,4-Dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700)
[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone
N,N-Diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzo[d]imidazol-1-yl)ethan-1-amine (otherwise known as Isotonitazene)
N,N-Diethyltryptamine
2,5-Dimethoxy-α,4-dimethylphenethylamine
N,N-Dimethyltryptamine
3-Dimethylheptyl-11-hydroxyhexahydrocannabinol
1-(1,2-Diphenylethyl)piperidine (otherwise known as Diphenidine)
Ethyl phenyl(piperidin-2-yl)acetate (otherwise known as Ethylphenidate)
Eticyclidine
Etryptamine
[1-(5-Fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as XLR-11)
1-(2-Fluorophenyl)-2-methylaminopropan-1-one
1-(3-Fluorophenyl)-2-methylaminopropan-1-one
1-(4-Fluorophenyl)-2-methylaminopropan-1-one
9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate
N-Hydroxy-tenamphetamine
2-(4-Iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl] ethanamine (otherwise known as 25I-NBOMe)
Khat (being the leaves of Catha edulis (Celastraceae))
Lysergamide
Lysergide and other N-alkyl derivatives of lysergamide
Mescaline
Methcathinone
1-(1-(3-Methoxyphenyl)cyclohexyl)piperidine (otherwise known as 3-Methoxyphencyclidine)
2-(3-Methoxyphenyl)-2-(ethylamino)cyclohexanone (otherwise known as methoxetamine)
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one
Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate (otherwise known as Salvinorin A) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one
4-Methyl-aminorex
Methyl 2-[[1-(cyclohexylmethyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate (otherwise known as MDMB CHMICA)
Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (otherwise known as MDMB-4en-PINACA)
Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known 4F-MDMB-BINACA)
Methyl 2-({[1-(4-fluorobutyl)-1H-indol-3-yl]carbonyl}amino)-3,3-dimethylbutanoate (otherwise known as 4F-MDMB-BICA)
Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PINACA)
Methyl (1-(5-fluoropentyl)-1H-indazole-3-carbonyl)valinate (otherwise known as 5F-AMB-PINACA)
Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PICA)
Methyl (2S)-2[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (otherwise known as FUB-AMB)
4-Methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine (otherwise known as 4,4’-DMAR)
α-Methyl-4-(methylthio)phenethylamine
1-(4-Methylphenyl)-2-methylaminopropan-1-one
(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as UR-144)
5-Pentyl-2-(2-phenylpropan-2-yl)-2,5-dihydro-1H-pyrido[4,3-b]indol-1-one (otherwise known as CUMYL-PEGACLONE)
N-Methyl-1-(thiophen-2-yl)propan-2-amine (otherwise known as Methiopropamine)
Psilocin
Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (otherwise known as Clockwork Orange, PB22)
Raw opium
Rolicyclidine
Tenocyclidine
N-[1-(2-Thenyl)-4-piperidyl]propionanilide
(b) Any substance (not being bupropion, diethylpropion or pyrovalerone) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2- or 3-position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(c) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(d) Any substance structurally derived from 3-(1-benzoyl)indole or 3-(1-naphthoyl)indole by modification in any of the following ways:
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl;
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.
(e) 1-Benzylpiperazine or any substance (not being a substance specified in Schedule 3) structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways:
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups.
(f) Any substance (not being a substance specified in Schedule 2) structurally derived from fentanyl by modification in one or more of the following ways, that is to say:
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups;
(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group.
(g) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(h) Any substance structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(i) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(j) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(k) Any substance (not being a substance specified in Schedule 2) structurally derived from pethidine by modification in one or more of the following ways, that is to say:
(i) by replacement of the 1-methyl group by an acyl, alkyl (whether or not unsaturated), benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halo or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or of a quaternary base.
(l) Any substance (not being methoxyphenamine) structurally derived from phenethylamine, an N-alkyl-phenethylamine, α-methylphenethylamine, an N-alkyl- α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halo substituents, whether or not further substituted in the ring by one or more other univalent substituents.
(m) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
(n) Any fungus containing any proportion of Psilocin or of an ester of Psilocin.
(o) 1,2,3,4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1,2,3,4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(p) Any substance structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the side-chain with one or more alkyl substituents but no other substituent.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any ester or ether of a substance specified in paragraph 1 or 2.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2, 3 or 4, not being a preparation specified in Schedule 5.”
Regulation 2(b)
SCHEDULE 2
New Schedule 4 to Misuse of Drugs Regulations 2017
“SCHEDULE 4
PART 1
1. The following substances, namely:—
Alprazolam
Bromazepam
Brotizolam
Camazepam
Chlordiazepoxide
Clobazam
Clonazepam
Clonazolam
Clorazepic Acid (clorazepate)
Clotiazepam
Cloxazolam
Delorazepam
Diazepam
Diclazepam
Estazolam
Ethyl loflazepate
Etizolam
Flualprazolam
Flubromazolam
Fludiazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Loprazolam
Lorazepam
Lormetazepam
Medazepam
Midazolam
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Phenazepam
Pinazepam
Prazepam
Tetrazepam
Triazolam
Zaleplon
Zolpidem
Zopiclone.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any salt of a substance specified in paragraphs 1 or 2.
4. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1 to 3, not being a preparation specified in Schedule 5.
5. An extract of Cannabis which—
(a) is a medicinal product for human use which has been granted a marketing authorisation and which is presented as a liquid formulation for administration to a person through a meter dose pump as a mucosal mouth spray, and
(b) has a concentration of not more than 30 milligrams of cannabidiol per millilitre, and not more than 30 milligrams of delta-9-tetrahydrocannabinol per millilitre, where the ratio of cannabidiol to delta-9-tetrahydrocannabinol is between 0.7 to 1.3.
6. Any stereoisomeric form of a substance specified in paragraph 5.
7. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 5 or 6, not being a preparation specified in Schedule 5.
PART 2
1. The following substances namely:-
Aminorex
Fencamfamin
Fenproporex
Mefenorex
Mesocarb
Propylhexedrine
Pyrovalerone
Selegiline
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any salt of a substance specified in paragraphs 1 or 2.
4. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1 to 3, not being a preparation specified in Schedule 5.
5. Any preparation containing not more than 100 milligrams of methylphenobarbitone or of phenobarbitone (calculated in either case in terms of base) per dosage unit and no other controlled drug and which in the case of an undivided preparation has a concentration of not more than 0.5 per cent of phenobarbitone (calculated as base) and no other controlled drug.”
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GIVEN under my Official Seal,
27 April, 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 amend the Misuse of Drugs Regulations 2017 by adding certain additional substances to Schedules 1 and 4 of those Regulations.
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2022.
S.I. No. 150/2023 – Misuse of Drugs (Amendment) Regulations 2023
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th April, 2023.
I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 4 , 5 (amended by section 3 of the Misuse of Drugs (Amendment) Act 2016 (No. 9 of 2016)), 18 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and section 5 of the Misuse of Drugs Act 1984 (No. 18 of 1984) and for the purpose of giving full effect to Commission Regulation (EU) 2021/2142 of 3 December 20211 and Commission Regulation (EU) 2022/1393 of 11 August 20222 , hereby make the following regulations:
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2023.
(2) The Principal Regulations, the Misuse of Drugs (Amendment) Regulations 2019 ( S.I. No. 282 of 2019 ), the Misuse of Drugs (Amendment) Regulations 2020 ( S.I. No. 99 of 2020 ), the Regulations of 2022 and these Regulations may be cited together as the Misuse of Drugs Regulations 2017 to 2023.
2. In these Regulations—
“Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 );
“Regulations of 2022” means the Misuse of Drugs (Amendment) Regulations 2022 ( S.I. No. 210 of 2022 ).
3. The Principal Regulations are amended by inserting after Regulation 12 the following Regulation:
“Exemption in respect of opium alkaloids in poppy seeds
12A. A person may have in his or her possession foodstuffs containing poppy seeds contaminated by opium alkaloids provided that the contamination level does not exceed the applicable maximum level set out in entry 8.5 of the Annex to Commission Regulation (EU) No. 1881/2006 of 19 December 20063 , as inserted by Article 1 of Commission Regulation (EU) 2021/2142 of 3 December 20211 .”.
4. Paragraph 1(a) of Schedule 1 (inserted by Regulation 2(a) of the Regulations of 2022) to the Principal Regulations is amended by substituting for “Cannabinol derivatives, not being dronabinol or its stereoisomers” the following:
“Cannabinol derivatives, not being dronabinol or its stereoisomers and not being Delta-9-tetrahydrocannabinol contaminant in foodstuffs containing hemp seeds, ground hemp seeds, (partially) defatted hemp seed, other hemp seed derived/processed products or hemp seed oil (provided that the contamination level does not exceed the applicable maximum level set out in entry 8.6 of the Annex to Commission Regulation (EU) No. 1881/2006 of 19 December 20063 , as inserted by Article 1 of Commission Regulation (EU) 2022/1393 of 11 August 20222 ).”.
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GIVEN under my Official Seal,
30 March, 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 amend the Misuse of Drugs Regulations 2017 to take account of permitted contamination levels of particular foodstuffs under Commission Regulation (EC) No. 1881 /2006 of 19 December 2006, as amended by Commission Regulation (EU) 2021/2142 of 3 December 2021 and Commission Regulation (EU) 2022/1393 of 11 August 2022.
These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations 2023.
1 OJ No. L 433, 6.12.2021, p. 8.
2 OJ No. L 211, 12.8.2022, p. 83.
3 OJ No. L 364, 20.12.2006, p. 5.
1 OJ No. L 433, 6.12.2021, p. 8.
3 OJ No. L 364, 20.12.2006, p. 5.
2 OJ No. L 211, 12.8.2022, p. 83.
S.I. No. 156/2023 – Misuse of Drugs (Amendment) (No. 2) Regulations 2023
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th April, 2023.
I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 4 and 38 of the Misuse of Drugs Act 1977 (No. 12 of 1977), and for the purpose of giving further effect to Council Decision 2002/192/EC of 28 February 20021 , hereby make the following regulations:
1. (1) These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations 2023.
(2) The collective citation “the Misuse of Drugs Regulations 2017 to 2023” includes these Regulations.
2. These Regulations come into operation on 1 April 2023.
3. In these Regulations, “Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ).
4. Regulation 10 of the Principal Regulations is amended by inserting after paragraph (5) the following paragraph:
“(6) A person who is resident in a state which is a contracting party to the Convention Implementing the Schengen Agreement of 14 June 19852 may have in his or her possession any drug specified in Schedule 2 or 3 that is necessary for his or her medical treatment, provided that he or she produces, on request, a certificate issued or authenticated by the competent authority of his or her state of residence in relation to such drug in accordance with Article 75 of that Convention.”.
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GIVEN under my Official Seal,
30 March, 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 amend the Misuse of Drugs Regulations 2017 to allow persons travelling to the State from a Schengen area state to carry with them certain controlled drugs pursuant to their right under Article 75 of the Convention Implementing the Schengen Agreement of 14 June 1985, as applied to the State by Article 1 of Council Decision 2002/192/EC of 28 February 2002.
These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations 2023.
1 OJ No. L 64, 7.3.2002, p. 20
2 OJ No. L 22.9.2000, p. 19.
MISUSE OF DRUGS (DESIGNATION) ORDERS
S.I. No. 69 of 1998.
MISUSE OF DRUGS (DESIGNATION) ORDER, 1998.
The Minister for Health and Children, being of the opinion that it is in the public interest for the manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in the Schedule 1 hereto to be unlawful except for the purposes specified in Schedule 2 hereto and 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 the drugs specified in the said Schedule 1, any of the things mentioned in section 5 (2) of the Misuse of Drugs Act, 1977 (No. 12 of 1977) except under a licence or other authority issued by the said Minister, in exercise of the powers conferred on him by section 13 of the said Act, as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 ), hereby orders as follows:
1. This Order may be cited as the Misuse of Drugs (Designation) Order, 1998.
2. In this Order “practitioner” and “pharmacist” have the meanings assigned to them under the Misuse of Drugs Act, 1977 .
3. The Misuse of Drugs (Designation) Order, 1993 ( S.I. No. 340 of 1993 ) is hereby revoked.
4. The drugs specified in Schedule 1 hereto are hereby designated as drugs to which subsection (1) of section 13 of the Misuse of Drugs Act, 1977 , applies.
SCHEDULE 1
1. The following substances and products, namely:—
(a) Bufotenine.
Cannabinol, except where contained in cannabis or cannabis resin.
Cannabinol derivatives.
Cannabis and cannabis resin.
Cathinone.
Coca leaf.
Concentrate of poppy-straw.
Eticyclidine.
N-Hydroxy-tenamphetamine.
Khat (being the leaves of Catha edulis (Celastraceae)).
Lysergamide.
Lysergide and other N-alkyl derivatives of lysergamide.
Mescaline.
4-Methylaminorex.
Psilocin.
Raw opium.
Rolicyclidine.
Tenocyclidine.
N, N-Diethyltryptamine.
N, N-Dimethyltryptamine.
N – (1 – Benzyl – 4 – piperidyl) propionanilide.
N – [1 – (2 – Thenyl) – 4 – piperidyl]propionanilide.
2, 5 – Dimethoxy -α, 4 – dimethylphenethylamine.
(b) any substance (not being a substance specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;
(c) any substance (not being methoxyphenamine or a substance specified in sub-paragraph (a) above) structurally derived from phenethylamine, an N-alkylphenethylamine, α-methylaphenethylamine, an N-alkyl-α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents;
(d) any substance (not being a substance specified in Schedule 2 to the Misuse of Drugs Regulations, 1988 ( S.I. No. 328 of 1988 )) structurally derived from fentanyl by modification in one or more of the following ways—
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;
(v) by substitution at the 4 – position of the piperidine ring with any alkoxycarbonyl or alkoxy-alkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group;
(e) any substance (not being a substance specified in Schedule 2 to the Misuse of Drugs Regulations, 1988) structurally derived from pethidine by modification in one or more of the following ways—
(i) by replacement of the 1 – methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or a quarternary base.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any ester or ether of a substance specified in paragraph 1 or 2.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2, 3 or 4.
SCHEDULE 2
The following purposes, namely:—
(a) research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process;
(b) the growing of hemp from seed varieties specified, by the commission of the European Communities, as being eligible for the purposes of Article 4.1 of Council Regulation (EEC) No. 1308/70 (OJ No. L 146, 4.7.70, p1) (as amended);
subject to such licensing provisions under the Misuse of Drugs Acts, 1977 and 1984 and the Regulations made thereunder as are applicable.
GIVEN under the Official Seal of the Minister for Health and Children, this 20th day of March, 1998.
BRIAN COWEN,
Minister for Health and Children
EXPLANATORY NOTE.
Sections 4 (2) and 5 (2) of the Misuse of Drugs Act, 1977 , require provision to be made in Regulations to allow the use for medical purposes of the drugs specified in the Schedule to the Act.
That obligation is removed, however, in the case of any such drug which is designated by order under section 13 of the Act as a drug to which that section is to apply. This Order designates for that purpose the drugs specified in the Schedule to the Order since it would not be in the public interest that they should be so available.
The drugs in question are not normally used for medical purposes e.g. mescaline, cannabis, psilocin, lysergide etc.
S.I. No. 201/2010 – Misuse of Drugs (Designation) (Amendment) Order 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 14th May, 2010.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )), hereby order as follows:—
1. This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order 2010.
2. In this Order, “Principal Order” means the Misuse of Drugs (Designation) Order 1998 ( S.I. No. 69 of 1998 ).
3. The Principal Order is amended by inserting the following article after article 4:
“5. The manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in Schedule 1 is unlawful except for the purposes specified in Schedule 2.
6. It is unlawful for any person who is either a practitioner or a pharmacist to have in his possession the drugs specified in Schedule 1, or to do in relation to any such drugs any of the things mentioned in section 5(2) of the Misuse of Drugs Act 1977 (No. 12 of 1977) except under a licence or other authority issued by the Minister for Health and Children.”
4. Schedule 1 to the Misuse of Drugs (Designation) Order 1998 ( S.I. No. 69 of 1998 ) is amended:—
(a) in paragraph 1(a)—
(i) by inserting the following before “Bufotenine”:-
“1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone.
1-Benzylpiperazine.”
(ii) by inserting the following after “Concentrate of poppy-straw”:-
“[2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl) pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone.
3–Dimethylheptyl–11–hydroxyhexahydrocannabinol.”,
(iii) by inserting the following after “Eticyclidine”:-
“Etryptamine.
1-(2-Fluorophenyl)-2-methylaminopropan-1-one.
1-(3-Fluorophenyl)-2-methylaminopropan-1-one.
1-(4-Fluorophenyl)-2-methylaminopropan-1-one.
9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol.
[9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a octahydrophenanthridin–1–yl] acetate.”, and
(iv) by inserting the following after “Mescaline”:-
“Methcathinone.
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one.
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one.
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one.
-Methyl-4-(methylthio)phenethylamine.
1-(4-Methylphenyl)-2-methylaminopropan-1-one.”.
(b) by inserting after paragraph 1(e) the following subparagraphs—
“(f) Any substance structurally derived from 3–(1–naphthoyl)indole or 1H–indol–3–yl–(1–naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(g) Any substance structurally derived from 3–(1–naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ringby alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(h) Any substance structurally derived from 1–(1–naphthylmethyl)indene by substitution at the 3–position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(i) Any substance structurally derived from 3–phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;
(j) Any substance structurally derived from 2–(3–hydroxycyclohexyl)phenol by substitution at the 5–position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2–(4–morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent;
(k) Any substance (not being a substance for the time being specified in Schedule 3 to the Misuse of Drugs Regulations 1988 ( S.I. No. 328 of 1988 ) (as amended)) structurally derived from 1–benzylpiperazine or 1–phenylpiperazine by modification in any of the following ways—
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups.”
5. Schedule 2 to the Principal Order is amended by the substitution of the following for paragraph (b):—
“(b) the growing of hemp from seed varieties specified, by the Commission of the European Communities, as being eligible for the purposes of Article 2 of Council Regulation (EC) No. 1673/2000 of 27 July 2000 (OJ No. L193, 29.7.2000, pages 16-22);”.
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GIVEN under my Official Seal,
11 May 2010.
MARY HARNEY,
Minister for Health and Children.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The purpose of this Order is to amend the Misuse of Drugs (Designation) Order 1998 by inserting into Schedule 1 to that Order synthetic cannabinoids, 1-Benzylpiperazine (BZP) and a group of substituted piperazines and mephedrone and related cathinones and other controlled drugs.
S.I. No. 324/2014 – Misuse of Drugs (Designation) (Amendment) Order 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th July, 2014.
I, ALEX WHITE, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) Order 2012 ( S.I. No. 553 of 2012 ), hereby order as follows:—
1. (1) This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order 2014.
(2) The Misuse of Drugs (Designation) Order 1998 ( S.I. No. 69 of 1998 ), the Misuse of Drugs (Designation) (Amendment) Order 2010 ( S.I. No. 201 of 2010 ), the Misuse of Drugs (Designation) (Amendment) Order 2011 ( S.I. No. 553 of 2011 ) and this Order may be cited together as the Misuse of Drugs (Designation) Orders 1998 to 2014 and shall be construed together as one.
2. Paragraph 1(a) of Schedule 1 (as amended by Article 3 of the Misuse of Drugs (Designation) (Amendment) Order 2011) to the Misuse of Drugs (Designation) Order 1998 is amended by substituting for “Cannabis and cannabis resin.” the following:
“Cannabis (not being a preparation specified in the Misuse of Drugs Regulations 1988).
Cannabis resin.”.
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GIVEN under my Hand,
11 July 2014.
ALEX WHITE,
Minister of State at the Department of Health.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The purpose of this Order is to amend the Misuse of Drugs (Designation) Order 1998 by retaining cannabis in Schedule 1 while removing from the scope of the Order authorised medicinal products containing a liquid extract of cannabis having a specified composition and presentation.
This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order 2014.
S.I. No. 553/2011 – Misuse of Drugs (Designation) (Amendment) Order 2011.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 4th November, 2011.
I, RÓISÍN SHORTALL, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 493 of 2011 ), hereby order as follows:-
1. This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order 2011.
2. In this Order, “Principal Order” means the Misuse of Drugs (Designation) Order 1998 ( S.I. No. 69 of 1998 ), as amended by the Misuse of Drugs (Designation) Order 2010 ( S.I. No. 201 of 2010 ).
3. Schedule 1 to the Principal Order is amended:
(a) in paragraph 1(a)—
(i) by inserting “1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl) propan-2-amine (otherwise known as BromodragonFLY)” after “1-Benzylpiperazine.”,
(ii) by inserting the following after “1-(4-Methoxyphenyl)-2-(methylamino) propan-1-one.”:—
“Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate (otherwise known as Salvinorin A) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.”
(iii) by inserting the following after “2-Methylamino-1-(3,4 methylenedioxyphenyl) propan-1-one.”:—
“Methyl 2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate(otherwise known as Mitragynine) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.
Methyl 2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-meth-oxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.” and
(b) by inserting after paragraph 1(k) the following subparagraphs—
“(l) Any substance (not being bupropion, diethylpropion or pyrovalerone) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:—
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2 or 3–position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(m) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:—
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(n)1, 2, 3, 4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1, 2, 3, 4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:—
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(o) Any substance structurally derived from 3-(1-benzoyl) indole or 3-(1-naphthoyl) indole by modification in any of the following ways:—
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl; or
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent,
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.”.
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GIVEN under my Hand,
1 November 2011.
RÓISIN SHORTALL,
Minister of State at the Department of Health.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The purpose of this Order is to amend the Misuse of Drugs (Designation) Order 1998 by inserting into Schedule 1 to that Order the following substances and preparations having no medical use: substances structurally derived from cathinone (not including bupropion, diethylpropion and pyrovalerone), naphyrone and related substances, 2-aminotetralin, 2-aminoindane, 2-aminodilin and related substances, additional synthetic cannabinoids, BromodragonFLY. In addition, salvinorin A, mitragynine and 7-hydroxymitragynine and products, plants and plant materials containing those substances and their preparations are also inserted into Schedule 1.
S.I. No. 584/2014 – Misuse of Drugs (Designation) (Amendment) (No. 2) Order 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th December, 2014.
I, LEO VARADKAR, Minister for Health, in exercise of the powers conferred on me by section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby order as follows:
1. (1) This Order may be cited as the Misuse of Drugs (Designation) (Amendment) (No. 2) Order 2014.
(2) The collective citation “the Misuse of Drugs (Designation) Orders 1998 to 2014” includes this Order.
2. Paragraph 1(a) of Schedule 1 (as amended by Article 2 of the Misuse of Drugs (Designation) (Amendment) Order 2014 ( S.I. No. 324 of 2014 )) to the Misuse of Drugs (Designation) Order 1998 ( S.I. No. 69 of 1998 ) is amended—
(a) by inserting “5-(2-Aminopropyl) indole (otherwise known as 5-IT).” before “1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone.”,
(b) by inserting “3,4-dichloro-N-[[1-(dimethylamino) cyclohexyl]methyl]benzamide (otherwise known as AH-7921).” after “Concentrate of poppy-straw.”,
(c) by inserting “4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl) phenethylamine (otherwise known as 25I-NBOMe).” after “N-Hydroxy-tenamphetamine.”, and
(d) by inserting “2-(3-methoxyphenyl)-2-(ethylamino) cyclohexanone (otherwise known as methoxetamine).” after “Methcathinone.”.
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GIVEN under my Seal,
17 December 2014.
LEO VARADKAR,
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 this Order is to amend the Misuse of Drugs (Designation) Order 1998 by inserting into Schedule 1 to that Order the following:
5-(2-Aminopropyl) indole (otherwise known as 5-IT);
3,4-dichloro-N-[[1-(dimethylamino) cyclohexyl]methyl]benzamide (otherwise known as AH-7921);
4-iodo-2,5-dimethoxy-N-(2-methoxybenzyl) phenethylamine (otherwise known as 25I-NBOMe); and
2-(3-methoxyphenyl)-2-(ethylamino) cyclohexanone (otherwise known as methoxetamine).
This Order may be cited as the Misuse of Drugs (Designation) (Amendment) (No. 2) Order 2014.
S.I. No. 281/2019 – Misuse Of Drugs (Designation) (Amendment) Order 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 section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby order as follows:
1. (1) This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order 2019.
(2) The Principal Order, the Order of 2017 and this Order may be cited together as the Misuse of Drugs (Designation) Orders 2017 to 2019 and shall be construed together as one.
2. In this Order—
“Order of 2017” means the Misuse of Drugs (Designation) (Amendment) Order 2017 ( S.I. No. 533 of 2017 );
“Principal Order” means the Misuse of Drugs (Designation) Order 2017 ( S.I. No. 174 of 2017 ).
3. Paragraph 1(a) of Schedule 1 to the Principal Order is amended—
(a) by substituting “Cannabinol derivatives, not being dronabinol or its stereoisomers” for “Cannabinol derivatives”, and
(b) by substituting for “Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ))” the following:
“Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ) or a preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 )) and permitted for supply pursuant to those Regulations”.
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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 this Order is to amend the Misuse of Drugs (Designation) Order 2017 by removing from the scope of the Order certain cannabis products or preparations for medical use specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019.
This Order may be cited as the Misuse of Drugs (Designation) (Amendment) Order 2019.
S.I. No. 122/2021 – Misuse of Drugs (Controlled Drugs) (Designation) Order 2021
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 23rd March, 2021.
WHEREAS I, Stephen Donnelly, Minister for Health am of the opinion that it is in the public interest –
(a) for the manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in Schedule 1 to be unlawful except for the purposes of research or for other special purposes specified in Schedule 2, and
(b) for it to be unlawful for any person referred to in subsection (1)(b) of section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977) to have in his or her possession or to do in relation to the drugs specified in Schedule 1, any of the things mentioned in subsection (2) of section 5 of that Act except under a licence or other authority issued by me,
NOW I, Stephen Donnelly Minister for Health, in exercise of the powers conferred on me by section 13 of the said Act, hereby orders as follows:
1. This Order may be cited as the Misuse of Drugs (Controlled Drugs) (Designation) Order 2021.
2. In this Order, “Act of 1977” means the Misuse of Drugs Act 1977 (No. 12 of 1977).
3. The Misuse of Drugs (Designation) Order 2017 ( S.I. No. 174 of 2017 ) is revoked.
4. The drugs specified in Schedule 1 are designated as drugs to which subsection (1) of section 13 of the Act of 1977 applies.
5. The purposes set out in Schedule 2 are specified for the purposes of subsection (1)(a) of section 13 of the Act of 1977.
SCHEDULE 1
1. The following substance and products, namely-
(a) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (otherwise known as Clockwork Orange, 5F AKB48)
N-[(2S)-1-Amino-3,3-dimethyl-1-oxobutan-2yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as ADB-CHMINACA)
N-(1-Amino-3,3-dimethyl-1-oxobutan-2yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as ADB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as AB-CHMINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2yl]-1-pentyl-1H-indazole-3-carboxamide (otherwise known as AB-PINACA)
5-(2-Aminopropyl)indole (otherwise known as 5-IT)
1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone
N-(1-Benzyl-4-piperidyl)propionanilide
2-(4-Bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25B-NBOMe)
1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (otherwise known as BromodragonFLY)
Bufotenine
Cannabinol, except where contained in Cannabis or cannabis resin
Cannabinol derivatives, not being dronabinol or its stereoisomers
Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ) or a preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 )) and permitted for supply pursuant to those Regulations
Cannabis resin
Cathinone
2-(4-Chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25C-NBOMe)
1-(4-Cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (otherwise known as CUMYL-4CN-BINACA)
1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (otherwise known as MT45)
Coca leaf
Concentrate of poppy straw
3,4-Dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl] benzamide (otherwise known as AH-7921)
3,4-Dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700)
[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone
N,N-Diethyltryptamine
2,5-Dimethoxy-α,4-dimethylphenethylamine
N,N-Dimethyltryptamine
3-Dimethylheptyl-11-hydroxyhexahydrocannabinol
Ethyl phenyl(piperidin-2-yl)acetate (otherwise known as Ethylphenidate)
Eticyclidine
Etryptamine
[1-(5-Fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as XLR-11)
1-(2-Fluorophenyl)-2-methylaminopropan-1-one
1-(3-Fluorophenyl)-2-methylaminopropan-1-one
1-(4-Fluorophenyl)-2-methylaminopropan-1-one
9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate
N-Hydroxy-tenamphetamine
2-(4-Iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25I-NBOMe)
Khat (being the leaves of Catha edulis (Celastraceae))
Lysergamide
Lysergide and other N-alkyl derivatives of lysergamide
Mescaline
Methcathinone
2-(3-Methoxyphenyl)-2-(ethylamino)cyclohexanone (otherwise known as methoxetamine
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one
Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate (otherwise known as Salvinorin A) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one
4-Methyl-aminorex
Methyl 2-[[1-(cyclohexylmethyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate (otherwise known as MDMB CHMICA)
Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PINACA)
Methyl (2S)-2[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (otherwise known as FUB-AMB)
4-Methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine (otherwise known as 4,4’-DMAR)
α-Methyl-4-(methylthio)phenethylamine
1-(4-Methylphenyl)-2-methylaminopropan-1-one
(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as UR-144)
N-Methyl-1-(thiophen-2-yl)propan-2-amine (otherwise known as Methiopropamine)
Psilocin
Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (otherwise known as Clockwork Orange, PB22)
Raw opium
Rolicyclidine
Tenocyclidine
N-[1-(2-Thenyl)-4-piperidyl]propionanilide
(b) Any substance (not being bupropion, diethylpropion or pyrovalerone) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2- or 3-position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(c) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(d) Any substance structurally derived from 3-(1-benzoyl)indole or 3-(1-naphthoyl)indole by modification in any of the following ways:
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl;
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.
(e) 1-Benzylpiperazine or any substance (not being a substance specified in Schedule 3 of the Misuse of Drugs Regulations 2017) structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways:
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups.
(f) Any substance (not being a substance specified in Schedule 2 of the Misuse of Drugs Regulations 2017) structurally derived from fentanyl by modification in one or more of the following ways, that is to say:
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups;
(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group.
(g) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(h) Any substance structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(i) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(j) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(k) Any substance (not being a substance specified in Schedule 2 of the Misuse of Drugs Regulations 2017) structurally derived from pethidine by modification in one or more of the following ways, that is to say:
(i) by replacement of the 1-methyl group by an acyl, alkyl (whether or not unsaturated), benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halo or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or of a quaternary base.
(l) Any substance (not being methoxyphenamine) structurally derived from phenethylamine, an N-alkyl-phenethylamine, α-methylphenethylamine, an N-alkyl- α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl- α- ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halo substituents, whether or not further substituted in the ring by one or more other univalent substituents.
(m) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
(n) Any fungus containing any proportion of Psilocin or of an ester of Psilocin.
(o) 1,2,3,4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1,2,3,4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(p) Any substance structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the side-chain with one or more alkyl substituents but no other substituent.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any ester or ether of a substance specified in paragraph 1 or 2.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2, 3 or 4, not being a preparation specified in Schedule 5 of the Misuse of Drugs Regulations 2017.
SCHEDULE 2
The following purposes, namely:-
(a) research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process;
(b) the growing of hemp from seed varieties specified, by the Commission of the European Communities, as being eligible for the purposes of Article 1 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 20131;
subject to such licensing provision under the Act of 1977 and the Regulations made thereunder as are applicable.
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GIVEN under my Official Seal,
18 March, 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).
The purpose of this Order is to amend the Misuse of Drugs (Designation) Order 2017 by inserting into Schedule 1 to that Order the following:
N-[(2S)-1-Amino-3,3-dimethyl-1-oxobutan-2yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as ADB-CHMINACA)
N-(1-Amino-3,3-dimethyl-1-oxobutan-2yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as ADB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as AB-CHMINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2yl]-1-pentyl-1H-indazole-3-carboxamide (otherwise known as AB-PINACA)
1-(4-Cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (otherwise known as CUMYL-4CN-BINACA)
Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PINACA)
Methyl (2S)-2[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (otherwise known as FUB-AMB)
(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as UR-144)
This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2021.
S.I. No. 211/2022 – Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 3rd May, 2022.
WHEREAS I, STEPHEN DONNELLY, Minister for Health, am of the opinion that it is in the public interest –
(a) for the manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in Schedule 1 to be unlawful except for the purposes of research or for other special purposes specified in Schedule 2, and
(b) for it to be unlawful for any person referred to in subsection (1)(b) of section 13 of the Misuse of Drugs Act 1977 (No. 12 of 1977) to have in his or her possession or to do in relation to the drugs specified in Schedule 1, any of the things mentioned in subsection (2) of section 5 of that Act except under a licence or other authority issued by me,
NOW I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by section 13 of the said Act, hereby order as follows:
1. This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022.
2. In this Order, “Act” means the Misuse of Drugs Act 1977 (No. 12 of 1977).
3. The following are revoked:
(a) the Misuse of Drugs (Controlled Drugs) (Designation) (Amendment) Order 2017 ( S.I. No. 533 of 2017 );
(b) the Misuse of Drugs (Controlled Drugs) (Designation) (Amendment) Order 2019 ( S.I. No. 281 of 2019 ); and
(c) the Misuse of Drugs (Controlled Drugs) (Designation) Order 2021 ( S.I. No. 122 of 2021 ).
4. The drugs specified in Schedule 1 are designated as drugs to which subsection (1) of section 13 of the Act applies.
5. The purposes set out in Schedule 2 are specified for the purposes of subsection (1)(a) of section 13 of the Act.
Regulation 4
SCHEDULE 1
Drugs designated as drugs to which section 13(1) of the Act applies
1. (a) The following substances and products, namely-
N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (otherwise known as Clockwork Orange, 5F AKB48)
N-[(2S)-1-Amino-3,3-dimethyl-1-oxobutan-2yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as ADB-CHMINACA)
N-(1-Amino-3,3-dimethyl-1-oxobutan-2yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as ADB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as AB-CHMINACA)
(S)-N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as AB-FUBINACA)
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2yl]-1-pentyl-1H-indazole-3-carboxamide (otherwise known as AB-PINACA)
5-(2-Aminopropyl)indole (otherwise known as 5-IT)
1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone
N-(1-Benzyl-4-piperidyl)propionanilide
2-(4-Bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25B-NBOMe)
1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (otherwise known as BromodragonFLY)
Bufotenine
Cannabinol, except where contained in Cannabis or cannabis resin
Cannabinol derivatives, not being dronabinol or its stereoisomers
Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ) or a preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of cannabis for Medical Use) Regulations 2019 ( S.I. No. 262 of 2019 )) and permitted for supply pursuant to those Regulations
Cannabis resin
Cathinone
2-(4-Chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25C-NBOMe)
1-(4-Cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (otherwise known as CUMYL-4CN-BINACA)
1-Cyclohexyl-4-(1,2-diphenylethyl)piperazine (otherwise known as MT-45)
Coca leaf
Concentrate of poppy straw
3,4-Dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl] benzamide (otherwise known as AH-7921)
3,4-Dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700)
[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone
N,N-Diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzo[d]imidazol-1-yl)ethan-1-amine (otherwise known as Isotonitazene)
N,N-Diethyltryptamine
2,5-Dimethoxy-α,4-dimethylphenethylamine
N,N-Dimethyltryptamine
3-Dimethylheptyl-11-hydroxyhexahydrocannabinol
1-(1,2-Diphenylethyl)piperidine (otherwise known as Diphenidine)
Ethyl phenyl(piperidin-2-yl)acetate (otherwise known as Ethylphenidate)
Eticyclidine
Etryptamine
[1-(5-Fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as XLR-11)
1-(2-Fluorophenyl)-2-methylaminopropan-1-one
1-(3-Fluorophenyl)-2-methylaminopropan-1-one
1-(4-Fluorophenyl)-2-methylaminopropan-1-one
9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate
N-Hydroxy-tenamphetamine
2-(4-Iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25I-NBOMe)
Khat (being the leaves of Catha edulis (Celastraceae))
Lysergamide
Lysergide and other N-alkyl derivatives of lysergamide
Mescaline
Methcathinone
1-(1-(3-Methoxyphenyl)cyclohexyl)piperidine (otherwise known as 3-Methoxyphencyclidine)
2-(3-Methoxyphenyl)-2-(ethylamino)cyclohexanone (otherwise known as methoxetamine)
1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one
Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]isochromene-7-carboxylate (otherwise known as Salvinorin A) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one
2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one
4-Methyl-aminorex
Methyl 2-[[1-(cyclohexylmethyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate (otherwise known as MDMB CHMICA)
Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (otherwise known as MDMB-4en-PINACA)
Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance
Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known 4F-MDMB-BINACA)
Methyl 2-({[1-(4-fluorobutyl)-1H-indol-3-yl]carbonyl}amino)-3,3-dimethylbutanoate (otherwise known as 4F-MDMB-BICA)
Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PINACA)
Methyl (1-(5-fluoropentyl)-1H-indazole-3-carbonyl)valinate (otherwise known as 5F-AMB-PINACA)
Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PICA)
Methyl (2S)-2[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (otherwise known as FUB-AMB)
4-Methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine (otherwise known as 4,4’-DMAR)
α-Methyl-4-(methylthio)phenethylamine
1-(4-Methylphenyl)-2-methylaminopropan-1-one
(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as UR-144)
5-Pentyl-2-(2-phenylpropan-2-yl)-2,5-dihydro-1H-pyrido[4,3-b]indol-1-one (otherwise known as CUMYL-PEGACLONE)
N-Methyl-1-(thiophen-2-yl)propan-2-amine (otherwise known as Methiopropamine)
Psilocin
Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (otherwise known as Clockwork Orange, PB22)
Raw opium
Rolicyclidine
Tenocyclidine
N-[1-(2-Thenyl)-4-piperidyl]propionanilide
(b) Any substance (not being bupropion, diethylpropion or pyrovalerone) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) by substitution at the 2- or 3-position of the propanone side-chain with an alkyl substituent;
(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(c) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(d) Any substance structurally derived from 3-(1-benzoyl)indole or 3-(1-naphthoyl)indole by modification in any of the following ways:
(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl;
(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;
whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.
(e) 1-Benzylpiperazine or any substance (not being a substance specified in Schedule 3) structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways:
(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;
(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups.
(f) Any substance (not being a substance specified in Schedule 2) structurally derived from fentanyl by modification in one or more of the following ways, that is to say:
(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino or nitro groups;
(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;
(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halo or haloalkyl groups;
(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;
(vi) by replacement of the N-propionyl group by another acyl group.
(g) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.
(h) Any substance structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(i) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(j) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
(k) Any substance (not being a substance specified in Schedule 2) structurally derived from pethidine by modification in one or more of the following ways, that is to say:
(i) by replacement of the 1-methyl group by an acyl, alkyl (whether or not unsaturated), benzyl or phenethyl group, whether or not further substituted;
(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halo or haloalkyl groups;
(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(v) by formation of an N-oxide or of a quaternary base.
(l) Any substance (not being methoxyphenamine) structurally derived from phenethylamine, an N-alkyl-phenethylamine, α-methylphenethylamine, an N-alkyl- α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halo substituents, whether or not further substituted in the ring by one or more other univalent substituents.
(m) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
(n) Any fungus containing any proportion of Psilocin or of an ester of Psilocin.
(o) 1,2,3,4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1,2,3,4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:
(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;
(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.
(p) Any substance structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the side-chain with one or more alkyl substituents but no other substituent.
2. Any stereoisomeric form of a substance specified in paragraph 1.
3. Any ester or ether of a substance specified in paragraph 1 or 2.
4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.
5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2, 3 or 4, not being a preparation specified in Schedule 5 of the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 ).
Regulation 5
SCHEDULE 2
Purposes specified for the purposes of section 13(1)(a) of the Act
The following purposes, namely:-
(a) research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process;
(b) the growing of hemp from seed varieties specified, by the Commission of the European Communities, as being eligible for the purposes of Article 1 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 20131 ;
subject to such licensing provision under the Act and the Regulations made thereunder as are applicable.
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GIVEN under my Official Seal,
27 April, 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 this Order is to replace the Misuse of Drugs (Designation) Order 2021 ( S.I. No. 122 of 2021 ), thereby adding the following to the list of drugs to which section 13(1) of the Misuse of Drugs Act 1977 applies:
(S)-N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (otherwise known as AB-FUBINACA)
N,N-Diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzo[d]imidazol-1-yl)ethan-1-amine (otherwise known as Isotonitazene)
1-(1,2-Diphenylethyl)piperidine (otherwise known as Diphenidine)
1-(1-(3-Methoxyphenyl)cyclohexyl)piperidine (otherwise known as 3-Methoxyphencyclidine)
Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (otherwise known as MDMB-4en-PINACA)
Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known 4F-MDMB-BINACA)
Methyl 2-({[1-(4-fluorobutyl)-1H-indol-3-yl]carbonyl}amino)-3,3-dimethylbutanoate (otherwise known as 4F-MDMB-BICA)
Methyl (1-(5-fluoropentyl)-1H-indazole-3-carbonyl)valinate (otherwise known as 5F-AMB-PINACA)
Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PICA)
5-Pentyl-2-(2-phenylpropan-2-yl)-2,5-dihydro-1H-pyrido[4,3-b]indol-1-one (otherwise known as CUMYL-PEGACLONE)
This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022.
1 OJ No. L 347, 20.12.2013, p. 608.
S.I. No. 237/2023 – Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th May, 2023.
I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by section 13 (2) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby order as follows:
1. This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023.
2. The Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022 ( S.I. No. 211 of 2022 ) is amended by substituting for Schedule 2 the following:
“SCHEDULE 2
Regulation 5
Purposes specified for the purposes of section 13(1)(a) of the Act
The following purposes, namely: –
(a) research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process;
(b) the growing of hemp from seed varieties specified, by the Commission of the European Communities, as being eligible for the purposes of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 20211 , as supplemented by Commission Delegated Regulation (EU) 2022/1262 ; subject to such licensing provision under the Act and the Regulations made thereunder as are applicable.”
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GIVEN under my Official Seal,
16 May, 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 this Order is to reflect the implementation of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 20213 , as supplemented by Commission Delegated Regulation (EU) 2022/1264 and the repeal of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 20135 .
1 OJ No. L 435, 6.12.2021, p. 1.
2 OJ No. L 20, 31.1.2022, p. 52.
3 OJ No. L 435, 6.12.2021, p. 1.
4 OJ No. L 20, 31.1.2022, p. 52.
5 OJ No. L 347, 20.12.2013, p. 608.
S.I. No. 522/2017 –
Misuse of Drugs (Supervision of Prescription and Supply of Methadone and Medicinal Products containing Buprenorphine authorised for Opioid Substitution Treatment) Regulations 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th November, 2017.
I, CATHERINE BYRNE, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 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) and the Health (Delegation of Ministerial Functions) (No. 4) Order 2017 ( S.I. No. 339 of 2017 ), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Misuse of Drugs (Supervision of Prescription and Supply of Methadone and Medicinal Products containing Buprenorphine authorised for Opioid Substitution Treatment) Regulations 2017.
(2) These Regulations shall come into operation on 22 November 2017.
Interpretation
2. In these Regulations—
“Central Treatment List” means the record referred to in Regulation 3(2);
“Directive 2001/83/EC” means Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20011 ;
“Executive” means Health Service Executive;
“Minister” means Minister for Health;
“marketing authorisation” means an authorisation or licence which is for the time being in force and which has been granted by—
(a) the Health Products Regulatory Authority in accordance with—
(i) the Medicinal Products (Control of Placing on the Market) Regulations 2007 ( S.I. No. 540 of 2007 ), including a product authorisation or a parallel import licence, or
(ii) Article 126a of Directive 2001/83/EC,
(b) the European Commission under Regulation (EC) No. 726/2004 of the European Parliament and of the Council of 31 March 20042 ,
(c) the competent authority of 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 1993, in accordance with Article 6 of Directive 2001/83/EC, or
(d) the competent authority in the Swiss Confederation for the granting of authorisations or licences for the marketing of medicinal products;
“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);
“prescription” means a prescription issued by a registered medical practitioner in compliance with Regulation 15 of the Principal Regulations;
“opioid substitution treatment card” means a card issued pursuant to Regulation 4;
“Principal Regulations” means the Misuse of Drugs Regulations 2017 ( S.I. No. 173 of 2017 );
“registered medical practitioner” means a medical practitioner registered by the Medical Council under Part 6 of the Medical Practitioners Act 2007 (No. 25 of 2007);
“Regulations of 1998” means the Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 ( S.I. No. 225 of 1998 );
“retail pharmacy business” has the meaning assigned to it by the Pharmacy Act 2007 ;
“specified controlled drug” means a drug specified in the Schedule.
Central Treatment List
3. (1) Where a registered medical practitioner intends to prescribe a specified controlled drug for opioid substitution treatment for the first time to a person who has presented to the registered medical practitioner for treatment, the registered medical practitioner shall not issue a prescription for the drug until he or she notifies the Executive of the name, address and date of birth of the person.
(2) The Executive shall continue to maintain the record known, and in these Regulations referred to, as the “Central Treatment List”, which list it maintained in accordance with Regulation 3 of the Regulations of 1998, and shall add to such list the information notified to it under paragraph (1), and such list may be maintained in electronic form.
(3) Where a notification is made to the Executive in accordance with paragraph (1), the Executive shall inform the registered medical practitioner as to whether the person has previously been included in the Central Treatment List.
(4) The Executive may amend an entry in, or delete an entry from, the Central Treatment List.
Issue of opioid substitution treatment card
4. (1) The Executive shall issue a card to be known, and in these Regulations referred to, as an “opioid substitution treatment card” in respect of a person participating in a programme of treatment involving the use of a specified controlled drug and in respect of whom the information referred to in Regulation 3(1) has been notified to the Executive.
(2) An opioid substitution treatment card shall be valid for such period as may be specified on the card but in any case shall not be valid for more than one year from the date of issue.
General prohibition on registered medical practitioner
5. (1) A registered medical practitioner shall not issue a prescription for a specified controlled drug other than on a form supplied by or on behalf of the Executive.
(2) A registered medical practitioner shall not issue a prescription referred to in paragraph (1) other than to a person in respect of whom an opioid substitution treatment card has been issued and remains valid.
General prohibition on person carrying on a retail pharmacy business
6. (1) A person carrying on a retail pharmacy business shall not supply a specified controlled drug on a prescription other than on a prescription issued by a registered medical practitioner in accordance with Regulation 5(1).
(2) A person carrying on a retail pharmacy business shall not supply a specified controlled drug on a prescription issued by a registered medical practitioner in accordance with Regulation 5(1) other than to a person in respect of whom an opioid substitution treatment card has issued and remains valid.
Information to be furnished to Executive
7. A person carrying on a retail pharmacy business shall forward to the Executive—
(a) in respect of each supply of a specified controlled drug on prescription—
(i) the original prescription on which the supply of the specified controlled drug was made, and
(ii) if the information given on the prescription is inadequate, illegible or misleading, a statement which confirms or clarifies the identity of the person to whom the prescription was issued, and
(b) in respect of each supply of a specified controlled drug made to a registered medical practitioner pursuant to a requisition referred to in Regulation 14(2) of the Principal Regulations, particulars, including the purpose, of the supply,
not later than 14 days after the last day of the calendar month in which the supply of the specified controlled drug was completed or, in the case of supply on prescription, when no further supply may be made on that prescription.
Executive to maintain a record
8. (1) The Executive shall maintain a record of all prescriptions, statements and particulars received under Regulation 7 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, the record referred to in paragraph (1).
(3) Each prescription, statement or particular received by the Executive under Regulation 7 shall be preserved for a period of two years from the date of receipt.
Prohibition on supply
9. (1) A person shall not supply a specified controlled drug to a registered medical practitioner unless that person is a person carrying on a retail pharmacy business.
(2) Paragraph (1) shall not apply to a person who is the holder of a licence under section 14 of the Misuse of Drugs Act 1977 (No. 12 of 1977) to supply a controlled drug, where the licence directs that such supply may be made.
Supply by instalments
10. (1) For the purposes of compliance with Regulation 19(1) of the Principal Regulations, where the supply of a specified controlled drug on a prescription issued by a registered medical practitioner in accordance with Regulation 5(1) is to be dispensed in instalments-
(a) the information in relation to each supply may be entered on the prescription, and
(b) the total amount supplied on the prescription, when the dispensing of that prescription has been completed or when no further supply may be made on that prescription, may be entered, in the register referred to in Regulation 19(1) of the Principal Regulations, as the amount supplied.
(2) For the purposes of an entry in a register to be made under paragraph (1), the date to be entered in the register shall be the date on which the last supply was made on the prescription concerned.
Preservation of records
11. Notwithstanding Regulation 22(2) of the Principal Regulations, the preservation of a copy of a prescription issued by a registered medical practitioner in accordance with Regulation 5(1), made by a registered medical practitioner at the time of writing the original prescription, shall be treated as if it were the preservation of the original prescription.
Exemption: hospitals
12. (1) These Regulations shall not apply to a prescription issued in respect of a specified controlled drug where the prescription has been issued in a hospital—
(a) for administration in the hospital, to the person to whom the prescription relates, or
(b) for supply in the hospital, in exceptional circumstances, to the person to whom the prescription relates and who has attended the hospital—
(i) for the treatment of opioid dependence, or
(ii) as an in-patient who is opioid dependent.
(2) When opioid substitution treatment is initiated in the hospital, the hospital shall notify the Executive of the name, address and date of birth of the person in respect of whom treatment is initiated.
(3) In this Regulation “hospital” means a hospital, nursing home or clinic which is wholly or mainly maintained by a public authority out of public funds, by a charity or by voluntary subscriptions.
Exemption: medical consultants
13. (1) Regulations 3, 4, 5(2) and 6(2) shall not apply to a prescription for the treatment of a person for purposes other than for or in connection with opioid dependence provided that—
(a) the prescription has been initiated, for issue by a registered medical practitioner, by a medical consultant whose name and address is included on the prescription, or
(b) the prescription is issued by the medical consultant.
(2) In this Regulation “medical consultant” means a medical practitioner in any hospital practice registered in 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 , who by reason of his or her training, skill and experience in a particular specialty, is consulted by other registered medical practitioners and who has a continuing clinical and professional responsibility for patients under his or her care, or that aspect of their care on which he or she has been consulted.
Transitional provisions
14. (1) A reference in any other enactment to the Regulations of 1998 shall be construed as a reference to these Regulations.
(2) Notwithstanding Regulation 5(2), a registered medical practitioner may issue a prescription for a specified controlled drug to a person in respect of whom an opioid substitution treatment card has not been issued where—
(a) a drug treatment card in respect of that person was issued under Regulation 4(1) of the Regulations of 1998 for the use of such specified controlled drug, and
(b) the period specified on such card within which that card would remain valid has not expired.
(3) Notwithstanding Regulation 6(1), a person carrying on a retail pharmacy business may supply a specified controlled drug on a prescription other than on a prescription issued by a registered medical practitioner in accordance with Regulation 5(1) where the prescription was issued by a registered medical practitioner in accordance with Regulation 5(1) of the Regulations of 1998.
(4) Notwithstanding the revocation of the Regulations of 1998, a person carrying on a retail pharmacy business may supply a specified controlled drug on a prescription issued by a registered medical practitioner in accordance with Regulation 5(1) of those Regulations where—
(a) the prescription was issued to a person in respect of whom a drug treatment card was issued under Regulation 4(1) of those Regulations for the use of such specified controlled drug, and
(b) the period specified on such card within which that card would remain valid has not expired.
(5) Notwithstanding the revocation of the Regulations of 1998, the Minister shall preserve any remaining records made in accordance with Regulation 8 of those Regulations for the period specified under paragraph (3) of that Regulation.
SCHEDULE
Regulation 2
1. Methadone
2. Any stereoisomeric form of a substance specified in paragraph (1).
3. Any salt of a substance specified in paragraph 1or 2.
4. Any preparation or other product containing any proportion of a substance or product specified in paragraphs 1, 2 or 3.
5. Any medicinal product containing buprenorphine with a marketing authorisation indicated for substitution treatment for opioid drug dependence.
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GIVEN under my hand
22 November 2017.
CATHERINE BYRNE,
Minister of State at the Department of Health.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations replace the Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 ( S.I. No 225 of 1998 ). The Regulations add certain buprenorphine medicinal products authorised for opioid substitution treatment to the Schedule of products which fall within the scope of these Regulations.
These Regulations also update a number of references and definitions, replace the Minister with the Health Service Executive for the purposes of receiving information and reassign responsibilities relating to maintenance of records from the Minister to the Health Service Executive.
These Regulations may be cited as the Misuse of Drugs (Supervision of Prescription and Supply of Methadone and Medicinal Products containing buprenorphine authorised for Opioid Substitution Treatment) Regulations 2017.
1 OJ No. L 311, 28.11.2001, p. 67.
2 OJ No. L 136, 30.4.2004, p. 1.
S.I. No. 262/2019 –
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 ),
(c) which—
(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
(c) treatment with the specified controlled drug remains under the supervision of that practitioner.
(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,
(c) the particulars of the prescription, as listed at Regulation 7(b), which the supply was made against, and
(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
(c) a hospital,
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;
(c) the quantity of the drug which has been received;
(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;
(c) the quantity of the drug which has been supplied;
(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
(c) provide to the Authority any other information relevant to the safety of the specified controlled drug.
(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.
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 2020 ( S.I. No. 505 of 2020 )) 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
“.
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.)
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 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.
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:
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.
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:
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.