Dangerous Drugs (Raw Opium, Coca Leaves and Indian Hemp) Regulations, 1937.

• Jurisdiction: Ireland
• Citation: IR SI 64/1937
• Year: 1937

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1937. No. 64.
DANGEROUS DRUGS (RAW OPIUM, COCA LEAVES AND INDIAN HEMP) REGULATIONS, 1937.
ARRANGEMENT OF REGULATIONS
Regulation No. Subject Page RECITALS 5 PART I—PRELIMINARY AND GENERAL. 1 Short Title .. .. .. .. .. .. 7 2 Application of Interpretation Act, 1923 .. 7 3 Definition .. .. .. .. .. .. 7 4 Revocation of Regulations made under the 9 Dangerous Drugs Act, 1920. ____________________________ _________________ PART II—PERMITS TO IMPORT AND EXPORT RAW OPIUM, COCA LEAVES, INDIAN HEMP, ETC. 5 Form of Import Permit .. .. .. .. 9 6 Conditions to be complied with by applicants for Export Permits. 7 Form of Export Permit .. .. .. .. 9____________________________ __________________ PART III—POSSESSION, SALE AND DISTRIBUTION OF RAW OPIUM, COCA LEAVES, INDIAN HEMP, ETC. 8 Sale and distribution of substances .. .. 11 9 Possession of substances .. .. .. .. 11 10 Restriction on delivery of substances to messengers 11 11 General authority for certain classes of persons to possess and supply substances. 13 12 Withdrawal of authority .. .. .. .. 13 13 Records in relation to substances .. .. 13 14 Particulars to be furnished by certain authorised persons. 15 15 Preservation of Registers .. .. .. 15 16 Consignments to places outside Saorstát Eireann not to be diverted to other destinations. 17____________________________ __________________ FIRST SCHEDULE—FORM OF IMPORT PERMIT UNDER SECTION 12 of THE DANGEROUS DRUGS ACT, 1934 . .. .. 17____________________________ __________________ SECOND SCHEDULE—FORM OF EXPORT PERMIT UNDER SECTION 13 of THE DANGEROUS DRUGS ACT, 1934 . 19____________________________ __________________ THIRD SCHEDULE—FORMS OF REGISTERS. 23
STATUTORY RULES AND ORDERS, 1937.
No. 64.
DANGEROUS DRUGS (RAW OPIUM, COCA LEAVES AND INDIAN HEMP) REGULATIONS, 1937.
WHEREAS by virtue of the Dangerous Drugs Act, 1934 (Commencement) Order, 1937 (Statutory Rules and Orders, No. 40 of 1937), the Dangerous Drugs Act, 1934 (No. 1 of 1934), came into operation on the 1st day of April, 1937.
AND WHEREAS it is enacted by Section 5 of the said Act that the Minister for Justice may by order make regulations in relation to any matter or thing referred to in the said Act as prescribed:
AND WHEREAS it is enacted by sub-section (3) of Section 12 of the said Act that every import permit in respect of a substance to which Part II of the said Act applies shall be in the prescribed form and contain the prescribed particulars:
AND WHEREAS it is enacted by sub-section (2) of Section 13 of the said Act that the Minister for Justice may, if he so thinks fit, grant to any person who complies with the prescribed conditions, an export permit to export any substance to which Part II of the said Act applies, and it is enacted by sub-section (3) of the said Section 13 that every export permit in respect of a substance to which the said Part II applies shall be in the prescribed form and contain the prescribed particulars:
AND WHEREAS it is enacted by sub-section (1) of Section 14 of the said Act that the Minister fox Justice may by order make regulations under the said section for controlling or restricting the production, possession, sale and distribution of any substances to which Part II of the said Act applies, and in particular, without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale and distribution of any substances to which the said Part II applies except to persons licensed or otherwise authorised in that behalf in pursuance of the said section:
AND WHEREAS it is enacted by sub-section (2) of Section 10 of the said Act (in this recital referred to as the Act of 1934) that every regulation made under the Dangerous Drugs Act, 1920, and in force at the commencement of the Act of 1934 may be continued, amended or revoked by regulations made under the Act of 1934, and until so continued or revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under the Act of 1934:
NOW, THEREFORE, I, P. J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by the Dangerous Drugs Act, 1934 (No. 1 of 1934), and of every and any other power me in this behalf enabling, do hereby order and make the following regulations, that is to say:—
PART I. PRELIMINARY AND GENERAL.
	1 Short Title.	1. These Regulations may be cited as the Dangerous Drugs (Raw Opium, Coca Leaves and Indian Hemp) Regulations, 1937.
	2 Application of Interpretation Act, 1923 .	2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.
	3 Definitions.	3.— (1) In these Regulations—
the expression "the Act" means the Dangerous Drugs Act, 1934 (No. 1 of 1934);
the expression "the Minister" means the Minister for Justice;
the word "substance" means any of the following substances that is to say, raw opium, coca leaves, Indian hemp and resins obtained from Indian hemp, and all preparations (except extract or tincture of Indian hemp) of which such resins form the base;
the word "authority" means—
(a) any licence granted by the Minister under sub-section (2) of Section 14 of the Act; or
(b) any authority granted by the Minister under that sub-section; or
(c) any general authorisation conferred by Part III of these Regulations;
the word "authorised" shall be construed accordingly;
and the word "register" means a bound book and does not include any form of loose-leaf register or card index.
(2) For the purposes of these Regulations, but subject in each case to any limitation attached to his authority, a person authorised to supply a substance shall be deemed to be a person authorised to be in possession of, to procure, to offer to supply or procure, and to advertise for sale, that substance.
(3) For the purposes of these Regulations a person shall be deemed to be in possession of a substance if it is in his actual custody or is held by any other person subject to his control or for him or on his behalf.
	4 Revocation of Regulations made under the Dangerous Drugs Act, 1920.	4. The following Regulations made under the Dangerous Drugs Act, 1920, are hereby revoked, that is to say—
(a) regulations made on the 20th day of May, 1921, under Section 3 of the said Act;
(b) the Dangerous Drugs (marking of Raw Opium for Exportation) Regulation, 1922, made on the 28th day of March, 1922, under sub-section (2) of Section 1 of the said Act.
PART II. PERMITS TO IMPORT AND EXPORT RAW OPIUM, COCA LEAVES, INDIAN HEMP, ETC.
	5 Form of import permit.	5. Every import permit under Section 12 of the Act in respect of a substance shall be in the Form set out in the First Schedule to these Regulations and shall contain the particulars indicated in such Form.
	6 Conditions to be complied with by applicants for export permits	6. The following shall be the conditions to be complied with by an applicant for an export permit to export from Saorstát Éireann to another country a quantity of any substance, that is to say:—
(a) that he is authorised, within the meaning of Part III of these Regulations, to supply or have in his possession, such substance;
(b) that he produces to the Minister—
(i) the appropriate import certificate mentioned in paragraph 2 of Article 13 of the Geneva Convention, 1925, or, where applicable, the appropriate special certificate mentioned in paragraph 7 of the said Article 13; and
(ii) in case such substance is Indian hemp, the appropriate special import certificate mentioned in paragraph 1 (b) of Article 11 of the Geneva Convention, 1925;
(iii) in case such substance is resin obtained from Indian hemp or any preparation (except extract or tincture of Indian hemp) of which any such resin forms the base and the use thereof is not prohibited by such country, the appropriate special import certificate mentioned in paragraph 1 (a) of the said Article 11.
	7 Form of export permit.	7. Every export permit under Section 13 of the Act in respect of a substance shall be in the Form set out in the Second Schedule to these Regulations and shall contain the particulars indicated in such Form.
PART III. POSSESSION, SALE AND DISTRIBUTION OF RAW OPIUM, COCA LEAVES, INDIAN HEMP, ETC.
	8 Sale and distribution of substances.	8.— (1) No person shall—
(a) supply or offer to supply to any person, nor
(b) procure for any person (including himself), nor
(c) offer to procure for any person, nor
(d) advertise for sale, a substance unless—
(i) he is authorised so to do and in so doing complies with the terms and conditions of his authority, and
(ii) in case the supplying or procuring is to or for a person in Saorstát Eireann, the latter person is authorised to be in possession of such substance and such supplying or procuring will not infringe the terms and conditions of the latter person's authority.
(2) In this Regulation—
The word "supply" means supply either within or without Saorstát Eireann;
The word "procure" means procure either within or without Saorstát Eireann.
	9 Possession of substances.	9. No person shall be in possession of any substance unless he is so authorised.
	10 Restriction on delivery of substances to messengers.	10.—(1) Where any substance is to be lawfully supplied to any person (in this Regulation referred to as the recipient) the person (in this Regulation referred to as the supplier) supplying such substance shall not deliver it to a person who purports to be sent...