Misuse of Drugs (Exemption) Order 2017.

• Jurisdiction: Ireland
• Citation: IR SI 175/2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th May, 2017.

I, CATHERINE BYRNE, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 3) Order 2016 ( S.I. No. 511 of 2016 ), hereby order as follows:

1. This Order may be cited as the Misuse of Drugs (Exemption) Order 2017.

2. This Order comes into operation on 4 May 2017.

3. In this Order—

“animal remedy” has the meaning assigned to it by the Animal Remedies Act 1993 (No. 23 of 1993);

“medicinal product” has the meaning assigned to it by Council Directive 2001/83/EC of 6 November 20011 , as amended from time to time.

4. Subsection (1) of section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) shall not apply to the controlled drugs specified in the Schedule.

SCHEDULE

PART 1

1. Any medicinal product or animal remedy containing one or more of the following substances, their stereoisomeric forms or any salt of any of the said substances or of their stereoisomeric forms:—

Aminorex

Fencamfamin

Fenproporex

Mefenorex

Mesocarb

Propylhexedrine.

Pyrovalerone.

Selegiline.

2. Any preparation containing not more than 100 milligrams of methylphenobarbitone or of phenobarbitone (calculated in either case in terms of base) per dosage unit and no other controlled drug and which in the case of an undivided preparation has a concentration of not more than 0.5 per cent of phenobarbitone (calculated as base) and no other controlled drug.

3. Any plant of any kind or description, which contains 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 (otherwise known as Salvinorin A) where the plant is growing uncultivated.

4. Any plant of any kind or description, which contains Methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as 7-Hydroxymitragynine) or an ester or ether of 7-Hydroxymitragynine where that plant is growing uncultivated.

5. Any plant of any kind or description, which contains Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) where that plant is growing...