Misuse of Drugs Act 1977

Number 12 of 1977

MISUSE OF DRUGS ACT 1977

REVISED

Updated to 16 May 2023

This Revised Act is an administrative consolidation of the Misuse of Drugs Act 1977. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Finance Act 2023 (11/2023), enacted 15 May 2023, and all statutory instruments up to and including the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023 (S.I. No. 237 of 2023), made 16 May 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 12 of 1977

MISUSE OF DRUGS ACT 1977

REVISED

Updated to 16 May 2023

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. (repealed)
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.
15A.	Offence relating to possession of drugs with value of €13,000 or more.
15B.	Importation of controlled drugs in excess of certain value.
15C.	Supply of controlled drugs into prisons and places of detention.
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

REVISED

Updated to 16 May 2023

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:

Annotations

Modifications (not altering text):

Functions in relation to Misuse of Drugs Acts 1977 and 1984 transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 40, commenced as per ss. 58 and 59 on coming into force of Health Act 2004 (Establishment Day) Order 2004 (S.I. No. 885 of 2004).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

40.—Misuse of Drugs Acts 1977 and 1984.

...

Application of Misuse of Drugs Acts 1977 and 1984 extended (15.06.2000) by Customs-free Airport (Extension of Laws) Regulations 2000 (S.I. No. 169 of 2000), reg. 2.

2. The provisions of the Misuse of Drugs Acts 1977 and 1984 (Nos. 12 and 18 of 1977 and 1984 respectively), together with all Orders and Regulations made thereunder and for the time being in force, are hereby extended to the Customs-free Airport at Shannon.

Application of collectively cited Health Acts restricted (7.05.1986) by Health (Amendment) Act 1986 (10/1986), s. 2(1), commenced on enactment. Note: references to health board to be read as references to the Health Service Executive as provided (1.01.2005) by Health Act 2004 (42/2004), s. 66, S.I. No. 887 of 2004.

Charges by health boards for provision of in-patient services and out-patient services in respect of certain injuries caused by mechanically propelled vehicles.

2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.

...

Editorial Notes:

Power of Garda Síochána to enter supervised injecting facilities for prevention or detection of offences under collectively cited Misuse of Drugs Acts 1977 to 2016 prescribed (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 11, S.I. No. 517 of 2017.

Certain offences under Act designated as extended confiscation offences by Criminal Justice Act 1994 (15/1994), s. 3 and sch. 1A part 2, as amended (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 3.

Offence under Act (other than a first offence under s. 3) designated an excluded offence by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 14A and sch. 3 item 16, as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 29, S.I. No. 215 of 2016.

Procedure for complaints in relation to irregularities in the custody, prescription or supply of a controlled drug under collectively cited Misuse of Drugs Acts prescribed (2.10.2012) by Nurses and Midwives Act 2011 (41/2011), s. 55, S.I. No. 385 of 2012. Section amended by Health Identifiers Act 2014 (15/2014), s. 39, not commenced as of date of revision.

Procedure for complaints in relation to registered retail pharmacy businesses, where certain persons have been convicted of an offence under Misuse of Drugs Acts 1977 to 2006 or Poisons Acts 1961 and 1977 prescribed (1.08.2009) by Pharmacy Act 2007 (20/2007), s. 36(1)(a), S.I. No. 281 of 2009.

Provision for external forfeiture orders in relation to offences under the Act made (15.11.1996) by Criminal Justice Act 1994 (15/1994), s. 47(5)(a), S.I. No. 333 of 1996.

Evidential status of certificates purporting to be signed by an officer of Forensic Science Ireland in proceedings for offences under the Act designated (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 10, S.I. No. 205 of 1984, as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 170, S.I. No. 508 of 2015.

An Post empowered to bring summary prosecutions for offences under Act in relation to any of its functions (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 5(4)(f), commenced on enactment.

Previous affecting provision: application of collectively cited Health Acts 1947 to 2004 restricted by Health Act 1970 (1/1970), s. 53, as amended (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 4(a), commenced on enactment, subject to exceptions in subs. (3) as inserted by 3/2005, s. 4(b); repealed (1.01.2017) by Health (Amendment) Act 2013 (31/2013), s. 10, S.I. No. 466 of 2016.

E10

Previous affecting provision: power of examination, seizure and detention in relation to potential evidence regarding suspected offences under Misuse of Drugs Acts 1977 to 2007 prescribed (11.05.1988) by Customs and Excise (Miscellaneous Provisions) Act 1988 (10/1988), s. 2(1)(iii), commenced on enactment, as amended (23.08.2010) by Criminal Justice (Psychoactive Substances) Act 2010 (22/2010), s. 22, S.I. No. 401 of 2010; 1988 Act repealed (31.12.2016) by Customs Act 2015 (18/2015), s. 3(1) and sch. 1 part 1 item 44, S.I. No. 611 of 2016.

E11

Previous affecting provision: power to obtain search warrants in relation to potential evidence regarding suspected offences under Misuse of Drugs Acts 1977 and 1984 prescribed (11.05.1988) by Customs and Excise (Miscellaneous Provisions) Act 1988 (10/1988), s. 3(3), commenced on enactment; 1988 Act repealed (31.12.2016) by Customs Act 2015 (18/2015), s. 3(1) and sch. 1 part 1 item 44, S.I. No. 611 of 2016.

E12

Previous affecting provision: restriction on certain persons providing pharmaceutical services under Pharmacy Acts 1875 to 1977, Misuse of Drugs Acts 1977 and 1984 or Poisons Acts 1961 and 1977 imposed by Pharmacy Act (Ireland) 1875 (1875, c. 57), s. 22A(4)(ii), as inserted (30.09.1987) by European Communities (Recognition of Qualifications in Pharmacy) Regulations 1987 (S.I. No. 239 of 1987), reg. 3(b), in effect as per reg. 9; repealed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 4 and sch. 4, S.I. No. 487 of 2008.

E13

Previous affecting provision: certain nationals of EU member states deemed to be registered dentists for the purposes of the Act (1.04.1980) by European Communities (Recognition of Dental Qualifications) Regulations 1980 (S.I. No. 90 of 1980), reg. 12(a)(ii), in effect as per reg. 2; revoked (14.07.2008) by Recognition of Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations 2008 (S.I. No. 263 of 2008), reg. 15, in effect as per reg. 1(2).

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Misuse of Drugs Act 1977