MISUSE OF DRUGS ACT, 1977

• (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.

28. 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[…]

29. 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.

30. 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.

31. 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.

32. Poisons for purposes of Pharmacy Acts, 1875 to 1962.

32.—F66[…]

33. 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.

34. 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.”.

35. 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.

36. 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.”.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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.

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.]

F71[2A. Any stereoisomeric form of a substance specified in paragraph 1B.]

“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.

Footnotes