Misuse of Drugs Act , 1984

1 Definition.

1.—In this Act “the Principal Act” means the Misuse of Drugs Act, 1977.

2 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;”.

3 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.”.

4 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.”.

5 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.

6 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.”.

7 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—