Misuse of drugs act, 1977

Act Number12
Enactment Date16 May 1977


Number 12 of 1977


MISUSE OF DRUGS ACT, 1977


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Controlled drugs.

3.

Restriction on possession of controlled drugs.

4.

Regulations permitting possession of controlled drugs.

5.

Regulations to prevent misuse of controlled drugs.

6.

Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners or pharmacists convicted of offences.

7.

Special directions prohibiting prescribing etc. of controlled drug in certain cases.

8.

Investigation of cases where Minister considers there are grounds for special direction.

9.

Prohibition of prescribing etc. in cases of urgency.

10.

Investigation on initiative of Dental Board, Medical Registration Council or Veterinary Council.

11.

Appeals.

12.

Regulations (committees and panels).

13.

Additional powers in relation to certain controlled drugs.

14.

Licences etc..

15.

Possession of controlled drugs for unlawful sale or supply.

16.

Prohibition of certain activities etc. relating to opium.

17.

Prohibition of cultivation of opium poppy or cannabis plant.

18.

Forged or fraudulently altered prescriptions.

19.

Occupiers etc. permitting certain activities to take place on land, vehicle or vessel to be guilty of an offence.

20.

Offences relating to acts outside the State.

21.

Attempts etc. and miscellaneous other offences.

22.

Onus of proof.

23.

Power of Garda Síochána to search persons, vehicles, vessels or aircraft.

24.

Powers to inspect and demand production of drugs, books or documents.

25.

Power of arrest.

26.

Search warrants.

27.

Penalties.

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.

29.

Defences generally.

30.

Forfeiture.

31.

Offences in relation to bodies corporate.

32.

Poisons for purposes of Pharmacy Acts, 1875 to 1962.

33.

Amendment of Poisons Act, 1961.

34.

Amendment of section 2 of Pharmacy Act, 1962.

35.

Amendment of Pharmacopoeia Act, 1931.

36.

Amendment of section 65 of Health Act, 1947.

37.

Service etc. of notices.

38.

Regulations generally; laying of orders.

39.

Expenses.

40.

Collection and disposal of moneys payable under Act.

41.

Repeal of Dangerous Drugs Act, 1934, and transitional provision.

42.

Miscellaneous repeals and transitional provisions.

43.

Short title, commencement and collective citations.

SCHEDULE

Acts Referred to

Dentists Act, 1928

1928, No. 25

Pharmacy Act, 1951

1951, No. 30

Amendment Act, 1890

1890, c. 48

Medical Practitioners Act, 1927

1927, No. 25

Pharmacy Act (Ireland), 1875

1875, c. 57

Veterinary Surgeons Act, 1931

1931, No. 36

Poisons Act, 1961

1961, No. 12

Pharmacy Act, 1962

1962, No. 14

Pharmacopoeia Act, 1931

1931, No. 22

Health Act, 1947

1947, No. 28

Health Act, 1953

1953, No. 26

Health Act, 1970

1970, No. 1

Companies Act, 1963

1963, No. 33

Public Offices Fees Act, 1879

1879, c. 58

Dangerous Drugs Act, 1934

1934, No. 1


Number 12 of 1977


MISUSE OF DRUGS ACT, 1977


AN ACT TO PREVENT THE MISUSE OF CERTAIN DANGEROUS OR OTHERWISE HARMFUL DRUGS, TO ENABLE THE MINISTER FOR HEALTH TO MAKE FOR THAT PURPOSE CERTAIN REGULATIONS IN RELATION TO SUCH DRUGS, TO ENABLE THAT MINISTER TO PROVIDE THAT CERTAIN SUBSTANCES SHALL BE POISONS FOR THE PURPOSES OF THE PHARMACY ACTS, 1875 TO 1962, TO AMEND THE PHARMACOPOEIA ACT, 1931 , THE POISONS ACT, 1961 , THE PHARMACY ACT, 1962 , AND THE HEALTH ACTS, 1947 TO 1970, TO REPEAL THE DANGEROUS DRUGS ACT, 1934 , AND SECTION 78 OF THE HEALTH ACT, 1970 , AND TO MAKE CERTAIN OTHER PROVISIONS IN RELATION TO THE FOREGOING. [16th May, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“cannabis” (except in “cannabis resin”) means the flowering or fruiting tops of any plant of the genus Cannabis from which the resin has not been extracted, by whatever name they may be designated;

“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;

“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;

“opium poppy” means the plant of the species Papaver somniferum L;

“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;

“practitioner” means a registered medical practitioner, a registered dentist and a registered veterinary surgeon;

“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 ;

“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;

“temporary direction” has the meaning assigned to it by section 9 (2) of this Act;

“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.

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).

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).

Regulations...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT