The electronic irish statute book eisb comprises the acts of the oireachtas parliament, statutory instruments, legislation directory, constitution and a limited number of pre1922 acts. One alternative would be a bill to amend the provisions of the misuse of drugs act 1977 that criminalize the possession of controlled substances. For such drugs, manufacture, production, preparation, sale, supply, distribution and possession is unlawful for any purpose, except under licence from the minister for health. Misuse of drugs amendment regulations 2020 irish statute book. The misuse of drugs act 1977 and the misuse of drugs act 1984 are the primary pieces of legislation under which you can be criminally charged for drug offences. Legislation this section provides access to the legislation that both governs the practice of pharmacy in ireland, as well as what should be known by a practising registered pharmacist in ireland to competently discharge their professional responsibilities and duties. The act empowered gardai to seek court orders to close head shops suspected of selling druglike products, with the onus on the owners to prove they are not doing so. In the irish free state, cannabis and cannabis resin were first prohibited by the dangerous drugs act 1934, which came into force on 1 april 1937. An evaluation of possession in the construction of criminal. The national party said it believes in a firmly law andorder approach.
Alternatively, regulations could be issued under sections 4 or 5 of the misuse of drugs act to permit individuals to possess small quantities of illegal drugs. The acts define the penalties for unlawful production, possession and supply of drugs. This useful resource is essential reading for irish pharmacists in community and hospital pharmacy and the pharmaceutical industry in ireland, pharmacy students and those coming to practise in ireland from other countries. Ireland order 19724 or the national health service isle of man.
The rationale behind this is that the minister could ensure that the law kept up to date as new synthetic drugs were discovered. This report by the law library of congress provides information on the law. Misuse of drugs act, 1977, section 2 irish statute book. On 10 march 2015, the court of appeal upheld a may 2014 high court ruling that section 2 2 of the misuse of drugs act 1977 was unconstitutional, thus annulling statutory instruments made under section 2 2 which criminalised various designer drugs. Regulatory changes prompted by the covid19 pandemic in ireland. Jul 30, 2020 we aim to keep this list updated, but we recommend that you visit the irish statute book. Opening with a detailed account of the historical development of irish pharmacy and medicines law, this practical textbook covers all aspects of current pharmacy and medicines law in ireland, including the landmark pharmacy act of 2007. The dail will sit tonight to pass emergency legislation after the 1977 misuse of drugs act was found unconstitutional by the irish court of appeal this morning, making the drugs it prohibits. The problem of drug misuse is tackled in a coordinated and integrated way under the national drugs strategy reducing harm, supporting recovery a health led response to drug and alcohol use in ireland 20172025 which was developed following a broad and open public process of consultation across the country. Ireland partially decriminalizes all drugs cannabis now. Table 3 misuse of drugs act as amended offences relating to cocaine where proceedings commenced by garda division between 1999 and 2005, the percentage of crimes that were cocaine related and prosecuted under the amended misuse of drugs act has increased dramatically, from 2.
Misuse of drugs act, 1977, section 26 irish statute book. Just one person was handed the minimum 10year sentence for. The legislation makes a distinction between possession for personal use and possession for sale or supply. The misuse of drugs regulations 2017 as amended apply additional controls to. It opens with a detailed account of the historical development of irish. Factsheets presenting the most recent irish prevalence, treatment, deaths and other consequences information on alcohol, opiates, cocaine, cannabis and sedatives and tranquilisers annual national reports from 2004 on the drug situation in ireland submitted to the european monitoring centre for drugs and drug addiction. Aug 06, 2019 the law thats still on the books governing cannabis in ireland today is from the 1977 misuse of drugs act. The judgement raises a number of questions about the rationale behind the misuse of drugs act 1977, the principal legislation that underlines drug prohibition in ireland. The pharmacy act ireland, 1875 confines the sale of scheduled substances to authorised persons, i. Heres where irelands political parties stand on drugs. Just one person was handed the minimum 10year sentence. Between 1999 and 2005, the percentage of crimes that were cocaine related and prosecuted under the amended misuse of drugs act has increased dramatically, from 2. Dealing in particular with the principal drugs acts 1977 1984 and criminal justice acts 2006 and 2007 the book covers all relevant.
Pharmacy and medicines law in ireland by weedle, peter b. In 1984 the criminal justice act, 1984 widened the scope of the criminal law and procedures to deal more effectively with serious crime, including. Irelands ecstasy loophole isnt the first accidental. The 1998 regulations under the misuse of drugs act 1977 as amended listed cannabis, cannabis resin, cannabinol and its derivatives as schedule 1 drugs. May 03, 2017 the primary purpose of the misuse of drugs amendment act 2016 is to protect public health by bringing certain substances which are open to misuse, and known to be traded on the illicit market, under the scope of the misuse of drugs legislation, thereby aiding the law enforcement activities of an garda siochana. Drugs and the law drug and alcohol information and support. The misuse of drugs act 1977, the misuse of drugs act 1984, misuse of drugs act 2015 and the criminal justice psychoactive substances act 2010 are the acts of the oireachtas regulating drugs in ireland.
In particular, it raises questions about the way in which concepts such as drug harm and drug. The minister for health, in exercise of the powers conferred on him by sections 4, 5, 18 and 38 of the misuse of drugs act, 1977 no. But there are other laws that have slipped on to the books by mistake. The seductive folly of prohibition manchester up, 2009. The misuse of drugs act, 1977 controlled drugs declaration order, 1987 extend the list of substances, products and preparations to be controlled for the purposes of the misuse of drugs act, 1977. This section provides access to the legislation that both governs the practice of pharmacy in ireland, as well as what should be known by a practising registered pharmacist in ireland to competently discharge their professional responsibilities and duties.
Byrne 1998 section 292 of the misuse of drugs act 1977 provides that. The objective of the health products regulatory authority is to ensure in so far as possible, consistent with current medical and scientific knowledge, the quality, safety and efficacy of medicines available in ireland and to participate in systems designed to do that throughout the european union. Irish youth reported very high rates of nps use by interna. This revised act is an administrative consolidation of the misuse of drugs act 1977. Mar 10, 2015 possession of ecstasy and other drugs is currently legal in ireland. This act may be cited as the misuse of drugs act, 1977. Prior to 2011, it was not illegal to possess or supply this particular drug in ireland which was available to buy in most headshops. Opiate abuse was uncommon until the 1980s, following events in the opium production centres of afghanistan and iran. An evaluation of possession in the construction of. The aim of the act is to amend schedules from the misuse of drugs acts 1977. Ebook medicines and pharmacy law in ireland by peter b. Legislation targeting head shops selling new psychoactive. Constitution on crack ireland accidentally legalises.
Misuse of drugs act, 1977, section 21 irish statute book. The part of the law that allowed certain substances to be controlled was struck down by the appeals court, voiding all government bans on substances like ecstasy and. Government task forces and private programmes were formed to tackle. Covid19 related regulatory change for pharmacists the case for. Commencement of the misuse of drugs amendment act 2016. Many head shop products became illegal in ireland on 23 august 2010 when the new criminal justice psychoactive substances act 2010 became law. A serious consideration for the irish government is that this ruling could potentially spark a number of appeals from people previously convicted under the affected law, the misuse of drugs act 1977. I, catherine byrne, minister of state at the department of health, in exercise of the powers conferred on me by sections 4, 5 as amended by section 15 of the misuse of drugs act 1984 no. In the misuse of drugs act, there is a difference between possession for personal use and possession with intent to supply. The legislation distinguishes between simple possession for personal use and possession for sale or.
Drugs and the law drug and alcohol information and. It will also be a valuable reference source for lawyers, public servants and anyone else who wants to know more about the regulatory framework for pharmacists and medicinal. Irish es are smiling ecstasy and other drugs temporarily. Ireland ecstasy law snafu legalizes some drugs newsmax. This practical textbook covers all aspects of current pharmacy and medicines law in ireland. Under current law misuse of drugs act 1977 possession for personal use of cannabis is punishable by up to oneyear imprisonment for a summary conviction or three years imprisonment for conviction on indictment. Illegal drugs were identified using the misuse of drugs acts. Possession of any controlled substance without due authorisation is an offence under the misuse of drugs acts 19772017. These regulations revoke and reenact, with amendments, the provisions of the.
Statutes directly related to the control of drugs the poisons ireland act, 1870applies control to the sale of scheduled poisons including opium, morphine, cocaine, heroin and preparations containing these drugs. The irish context ireland has a common law, constitutional legal system, without a welldeveloped system of civil, administrative law. This legislation has been further amended by the criminal justice act 1999, the criminal justice act 2006, the criminal justice act 2007 and the misuse of drugs amendment act 2015. Notice of the making of this statutory instrument was published in iris oifigiuil of 10th april, 2020 i, simon harris, minister for health, in exercise of the powers conferred on me by sections 4, 5 as amended by section 3 of the misuse of drugs amendment act 2016 no. The court said section 22 of the 1977 misuse of drugs act, under which the regulation was brought in, was unconstitutional because it. In 2011, the government issued a declaration under s 2 2 of the misuse of drugs act 1977 which classified methylethcathinone as a controlled drug. In ireland the misuse of drugs act 1977 as amended by other legislation is the principal legislation that covers drug offences and the respective penalties. Evidential status of certificates purporting to be signed by an officer of forensic science ireland in proceedings for offences under the act designated 3. Alcohol and the law laws are in place regarding the serving of alcohol on licensed premises and offlicences, drinking in public and drink driving. The primary purpose of the misuse of drugs amendment act 2016 is to protect public health by bringing certain substances which are open to misuse, and known to be traded on the illicit market, under the scope of the misuse of drugs legislation, thereby aiding the law enforcement activities of an garda siochana. Mar 11, 2015 ecstasy and other drugs became legal in ireland this week, but only for a day, after an irish court of appeals ruled that part of its misuse of drugs act 1977 was unconstitutional. Possession of any controlled substance without due authorisation is an offence under the misuse of drugs acts 19772016 as amended. This useful resource is essential reading for irish pharmacists in community and hospital pharmacy. The 1934 act replaced the dangerous drugs act 1920 a uk act passed before the free states creation and fulfilled the states obligations under the 1925 revision of the international opium convention, which had added indian hemp to the.
The misuse of drugs amendment act 2015 had to be introduced as emergency legislation after a court struck down a series of regulations introduced over the past two decades banning certain drugs. These data, along with demographic information, are sent to ireland. Possession for personal use if you are charged with possession of drugs, you must convince the court that it was for your own immediate personal use. The law in question was s 22 of the misuse of drugs act 1997, which gave the minister for health the power to add certain substances namely controlled drugs to a list at the back of the legislation. Section 27 of the law stipulates that a first cannabis possession offense warrants a fine of 50 pounds now converted to euros and a second offense means a fine of 100 pounds. Irish war on drugs book paul omahony, the irish war on drugs. Mar 11, 2015 ireland briefly made the possession of ecstasy legal this week. Mar 10, 2015 judges at ireland s court of appeal deemed the misuse of drugs act 1977 to be incompatible with irish law following a legal challenge.
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