Dangerous Drugs Act , 1934

PART I. Preliminary and General.

1 Short title and commencement.

1.—(1) This Act may be cited as the Dangerous Drugs Act, 1934.

(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Executive Council, and different dates may be fixed for different provisions of this Act and in relation to different countries.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Justice;

the expression “raw opium” includes powdered or granulated opium, but does not include medicinal opium;

the expression “coca leaves” means the leaves of any plant of the genus of the erythroxylace from which cocaine can be extracted either directly or by chemical transformation;

the expression “Indian hemp” means the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa from which the resin has not been extracted, by whatever name such tops are called;

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

the expression “medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Saorstát Eireann Pharmacopia, 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;

the expression “the Hague Convention” means the International Opium Convention signed at the Hague on the 23rd day of January, 1912;

the expression “the Geneva Convention, 1925” means the International Convention relating to opium and other dangerous drugs signed at Geneva on the 19th day of February, 1925;

the expression “the Geneva Convention, 1931” means the International Convention relating to the manufacture and distribution of narcotic drugs signed at Geneva on the 13th day of July, 1931;

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

3 “Corresponding law.”

3.—(1) In this Act the expression “corresponding law” means any law stated in a certificate (in this section referred to as an “international certificate”) purporting to be issued by or on behalf of the Government of any country outside Saorstát Eireann to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention, 1925, or the Geneva Convention, 1931.

(2) Any statement in an international certificate as to the effect of the law mentioned in such certificate or any statement in an international certificate that any facts constitute an offence against the law mentioned in such certificate shall for the purpose of this Act be conclusive.

4 Application of Customs Acts.

4.—(1) Articles prohibited to be imported by virtue of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, relating to the importation of prohibited or restricted goods, shall apply accordingly.

(2) Any officer of Customs and Excise may detain and seize any article being or attempted to be exported in contravention of this Act and for that purpose may open any packet containing or suspected by him of containing any such article and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this Act in like manner as if they had been seized under that Act.

(3) The provisions of this Act relating to the prohibition of the export of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this Act are exported in contravention of this Act or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of the Customs Consolidation Act, 1876, for illegally importing prohibited goods.

5 General regulations.

5.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

6 Laying of orders and regulations before Houses of Oireachtas.

6.—Every order and 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 such order or regulation (as the case may be) is passed by either such House, within the next subsequent twenty-one days on which that House has sat after such order or regulation (as the case may be) is so laid before it, such order or regulation (as the case may be) shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order or regulation (as the case may be).

7 Expenses.

7.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

8 Collection, etc., of fees.

8.—All fees received by the Minister under this Act shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

9 Repeal.

9.—The Dangerous Drugs Act, 1920, is hereby repealed.

10 Continuance in force of licences authorities and regulations under Dangerous Drugs Act, 1920.

10.—(1) Every licence and authority granted under the Dangerous Drugs Act, 1920, shall, if it bears a date as of a day prior to the commencement of this Act and is in force at the commencement of this Act, continue in force (unless previously revoked) until the expiry thereof and shall during such continuance be deemed for all purposes to be a permit, licence, or authority of a similar kind granted under this Act.

(2) Every regulation made under the Dangerous Drugs Act, 1920, and in force at the commencement of this Act may be continued, amended or revoked by regulations made under this Act, and until so continued or revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under this Act.

PART II. Raw Opium, Coca Leaves and Indian Hemp.

11 Substances to which Part II applies.

11.—This Part of this Act applies to the following substances, that is to say, raw opium, coca leaves, Indian hemp and resins obtained from Indian hemp and all preparations of which such resins form the base.

12 Restriction on importation of substances to which Part II applies.

12.—(1) It shall not be lawful for any person to import into Saorstát Eireann any substance to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an import permit) granted by the Minister under this section authorising him to import such substance, and

(b) such substance does not exceed in quantity the amount specified in such permit, and

(c) such substance is imported from the country specified in such permit, and

(d) such substance is imported through the port or place in Saorstát Eireann specified in such permit, and

(e) such substance is imported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person an import permit to import any substance to which this Part of this Act applies.

(3) Every import permit in respect of a substance to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to import into Saorstát Eireann from the country, through the port or place in Saorstát Eireann, and with in the time, specified in such permit the amount, specified in such permit, of such substance, but subject to such conditions (if any) as the Minister shall think proper to attach to such permit and shall specify therein.

(4) There shall be paid to the Minister in respect of every import permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person imports into Saorstát Eireann any substance to which this Part of this Act applies in contravention of this section such person shall be guilty of an offence under this Act and shall be punishable accordingly.

13 Restriction on export of substances to which Part II applies.

13.—(1) It shall not be lawful for any person to export from Saorstát Eireann any substance to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an export permit) authorising such person to export such substance, and

(b) such substance does not exceed in quantity the amount specified in such permit, and

(c) such substance is consigned to the country specified in such permit, and

(d) such substance is exported from the port or place specified in such permit, and

(e) such substance is exported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person, who complies with the prescribed conditions, an export permit to export any substance to which this Part of this Act applies.

(3) Every export permit in respect of a substance to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to export from the port or place in Saorstát Eireann, to the country, and within the time, specified in such permit, the amount, specified in such permit, of such substance, but subject to such conditions (if any) as the Minister may think fit to attach to such permit and may specify therein.

(4) There shall be paid to the Minister in respect of every export permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person exports any substance to which this Part of this Act applies in contravention of this section, or brings any such substance to a quay or other place for the purpose of being exported in contravention of this section, or of being waterborne to be so exported, such person shall be guilty of an offence under this Act and shall be punishable accordingly.

14 Production of and dealing in substances to which Part II applies.

14.—(1) The Minister may by order make regulations under this section for controlling or restricting the production, possession, sale and distribution of any substances to which this Part of this Act applies, and in particular, without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale and distribution of any substances to which this Part of this Act applies except by persons licensed or otherwise authorised in that behalf in pursuance of this section.

(2) For the purposes of this section the Minister may grant licences and authorities for such periods and on such terms and subject to such conditions as he may think proper.

(3) There shall be paid to the Minister on the grant of every licence under this section such fee as the Minister, with the consent of the Minister for Finance, may fix.

(4) Every person—

(a) who acts in contravention of, or fails to comply with any regulation made under this section; or

(b) who acts in contravention of, or fails to comply with, the conditions of any licence or authority granted under or in pursuance of this section;

shall be guilty of an offence under this Act and shall be punishable accordingly.

PART III. Prepared Opium.

15 Prohibition of import and export of prepared opium.

15.—(1) It shall not be lawful for any person to import or bring into or to export from Saorstát Eireann any prepared opium.

(2) If any person imports or exports any prepared opium in contravention of this section, he shall be guilty of an offence under this Act, and shall be punishable accordingly.

16 Prohibition of manufacture, etc., of prepared opium.

16.—If any person—

(a) manufactures, sells or otherwise deals in prepared opium; or

(b) has in his possession any prepared opium; or

(c) being the occupier of any premises, permits those premises to be used for the purpose of the preparation of opium for smoking or the sale or smoking of prepared opium; or

(d) is concerned in the management of any premises used for any such purpose as aforesaid; or

(e) has in his possession any pipes or other utensils for use in connection with the smoking of opium or any utensils used in connection with the preparation of opium for smoking; or

(f) smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking;

such person shall be guilty of an offence under this Act and shall be punishable accordingly.

PART IV. Morphine, Cocaine and Certain Other Drugs.

17 Drugs to which Part IV applies.

17.—(1) Subject to the provisions of this section, this Part of this Act applies to the following drugs, that is to say:—

(a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances which are, by virtue of paragraph (g) or paragraph (h) of this sub-section, drugs to which this Part of this Act applies;

(j) such other drugs as may be declared by order of the Executive Council made under this section to be drugs to which this Part of this Act applies.

(2) If it appears to the Executive Council that any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely, if improperly used, to be productive of ill-effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine, or is capable of being converted into a substance which is, or is likely, if improperly used, to be productive of such ill-effects, the Executive Council may by order under this sub-section declare that such new derivative, alkaloid, or other drug shall be a drug to which this Part of this Act applies.

(3) If it appears to the Executive Council that a finding with respect to any preparation containing any drug to which this Part of this Act applies has in pursuance of Article 8 of the Geneva Convention, 1925, been communicated by the Council of the League of Nations to the parties to the said Convention, the Executive Council may by order under this sub-section declare that as from such date as may be specified in such order such preparation shall cease to be a drug to which this Part of this Act applies, and whenever any such order is made in relation to any such preparation, such preparation shall, so long as such order is in force, not be a drug to which this Part of this Act applies.

(4) The Executive Council may revoke an order previously made under sub-section (2) or sub-section (3) of this section.

(5) For the purposes of this section the following provisions shall have effect, that is to say:—

(a) the word “ecgonine” means lvo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially;

(b) the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine;

(c) percentages in the case of liquid preparation shall, unless other provision in that behalf is made by regulations made by the Minister under this Act, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, ifsolid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

18 Restriction on importation of drugs to which Part IV applies.

18.—(1) It shall not be lawful for any person to import into Saorstát Eireann any drug to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an import permit) granted by the Minister under this section authorising him to import such drug, and

(b) such drug does not exceed in quantity the amount specified in such permit, and

(c) such drug is imported from the country specified in such permit, and

(d) such drug is imported through the port or place in Saorstát Eireann specified in such permit, and

(e) such drug is imported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person an import permit to import any drug to which this Part of this Act applies.