Dangerous Drugs Act, 1934

• Jurisdiction: Ireland
• Citation: IR No. 1/1934
• Year: 1934

Number 1 of 1934.
DANGEROUS DRUGS ACT, 1934.
ARRANGEMENT OF SECTIONS
PART I.
PRELIMINARY AND GENERAL.
Section 1. Short title and commencement. 2. Definitions. 3. “Corresponding law”. 4. Application of Customs Acts. 5. General regulations. 6. Laying of orders and regulations before Houses of Oireachtas. 7. Expenses. 8. Collection, etc., of fees. 9. Repeal. 10. Continuance in force of licences authorities and regulations under Dangerous Drugs Act, 1920.
PART II.
RAW OPIUM, COCA LEAVES AND INDIAN HEMP.
11. Substances to which Part II applies. 12. Restriction on importation of substances to which Part II applies. 13. Restriction on export of substances to which Part II applies. 14. Production of and dealing in substances to which Part II applies.
PART III.
PREPARED OPIUM.
15. Prohibition of import and export of prepared opium. 16. Prohibition of manufacture, etc., of prepared opium.
PART IV.
MORPHINE, COCAINE AND CERTAIN OTHER DRUGS.
17. Drugs to which Part IV applies. 18. Restriction on importation of drugs to which Part IV applies. 19. Restriction on export of drugs to which Part IV applies. 20. Control of manufacture and sale of drugs to which Part IV applies.
PART V.
METHYLMORPHINE AND ETHYLMORPHINE.
21. Drugs to which Part V applies. 22. Application of Part IV to drugs to which Part V applies.
PART VI.
PRODUCTS OF PHENANTHRENE ALKALOIDS OF OPIUM AND OF ECGONINE ALKALOIDS OF THE COCA LEAF.
23. Products to which Part VI applies. 24. Prohibition of manufacture, etc., of products to which Part VI applies. 25. Application of Part IV to products to which Part VI applies.
PART VII.
MISCELLANEOUS OFFENCES.
26. Aiding, abetting, commission of offence outside Saorstát Eireann. 27. False statements in relation to grants of permits, licences, etc. 28. Attempts to commit offences. 29. Liability of directors and officers of companies.
PART VIII.
INSPECTION, SEARCH AND ARREST.
30. Powers of inspection. 31. Search warrants. 32. Powers of arrest.
PART IX.
PENALTIES FOR OFFENCES, AND LEGAL PROCEEDINGS.
33. Penalties for offences. 34. Onus of proof. 35. Time limits for summary proceedings.
Number 1 of 1934.
DANGEROUS DRUGS ACT, 1934.
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR REGULATING AND CONTROLLING THE IMPORTATION, EXPORTATION, MANUFACTURE, SALE AND USE OF OPIUM, MORPHINE, COCAINE, AND OTHER DANGEROUS DRUGS, AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID. [2nd February, 1934.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and commencement.	1.—(1) This Act may be cited as the Dangerous Drugs Act, 1934.
	(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Executive Council, and different dates may be fixed for different provisions of this Act and in relation to different countries.
	Definitions.	2.—In this Act—
	the expression “the Minister” means the Minister for Justice;
	the expression “raw opium” includes powdered or granulated opium, but does not include medicinal opium;
	the expression “coca leaves” means the leaves of any plant of the genus of the erythroxylaceæ from which cocaine can be extracted either directly or by chemical transformation;
	the expression “Indian hemp” means the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa from which the resin has not been extracted, by whatever name such tops are called;
	the expression “prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;
	the expression “medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Saorstát Eireann Pharmacopœia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;
	the expression “the Hague Convention” means the International Opium Convention signed at the Hague on the 23rd day of January, 1912;
	the expression “the Geneva Convention, 1925” means the International Convention relating to opium and other dangerous drugs signed at Geneva on the 19th day of February, 1925;
	the expression “the Geneva Convention, 1931” means the International Convention relating to the manufacture and distribution of narcotic drugs signed at Geneva on the 13th day of July, 1931;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	“Corresponding law.”	3.—(1) In this Act the expression “corresponding law” means any law stated in a certificate (in this section referred to as an “international certificate”) purporting to be issued by or on behalf of the Government of any country outside Saorstát Eireann to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention, 1925, or the Geneva Convention, 1931.
	(2) Any statement in an international certificate as to the effect of the law mentioned in such certificate or any statement in an international certificate that any facts constitute an offence against the law mentioned in such certificate shall for the purpose of this Act be conclusive.
	Application of Customs Acts.	4.—(1) Articles prohibited to be imported by virtue of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act, as amended or extended by any subsequent Act, relating to the importation of prohibited or restricted goods, shall apply accordingly.
	(2) Any officer of Customs and Excise may detain and seize any article being or attempted to be exported in contravention of this Act and for that purpose may open any packet containing or suspected by him of containing any such article and the provisions of the Customs Consolidation Act, 1876 , in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this Act in like manner as if they had been seized under that Act.
	(3) The provisions of this Act relating to the prohibition of the export of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this Act are exported in contravention of this Act or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of the Customs Consolidation Act, 1876 , for illegally importing prohibited goods.
	General regulations.	5.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.
	Laying of orders and regulations before Houses of Oireachtas.	6.—Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order or regulation (as the case may be) is passed by either such House, within the next subsequent twenty-one days on which that House has sat after such order or regulation (as the case may be) is so laid before it, such order or regulation (as the case may be) shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order or regulation (as the case may be).
	Expenses.	7.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	Collection, etc., of fees.	8.—All fees received by the Minister under this Act shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.
	Repeal.	9.—The Dangerous Drugs Act, 1920, is hereby repealed.
	Continuance in force of licences authorities and regulations under Dangerous Drugs Act, 1920.	10.—(1) Every licence and authority granted under the Dangerous Drugs Act, 1920, shall, if it bears a date as of a day prior to the commencement of this Act and is in force at the commencement of this Act, continue in force (unless previously revoked) until the expiry thereof and shall during such continuance be deemed for all purposes to be a permit, licence, or authority of a similar kind granted under this Act.
	(2) Every regulation made under the Dangerous Drugs Act, 1920, and in force at the commencement of this Act may be continued, amended or revoked by regulations made under this Act, and until so continued or revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under this Act.
PART II. Raw Opium, Coca Leaves and Indian Hemp.
	Substances to which Part II applies.	11.—This Part of this Act applies to the following substances, that is to say, raw opium, coca leaves, Indian hemp and resins obtained from Indian hemp and all preparations of which such resins form the base.
	Restriction on importation of substances to which Part II applies.	12.—(1) It shall...