Misuse of Drugs Act , 1977

1. Interpretation.

1.—(1)In this Act—

F1["business" includes a profession;]

F2["cannabis" (except in "cannabis resin") means any plant of the genusCannabisor 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 undersection 3of theIrish 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 speciesPapaver somniferum LorPapaver 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 theNurses 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 undersection 9of 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.

2. 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).

3. 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).

4. 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.

5. 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 tosubsection (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 undersubsection (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 tosection 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.]

6. 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 undersubsection (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 inparagraph (a)of this definition which is a body corporate.]

7. 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.

8. 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 undersection 12of 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 insubsection (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.