Misuse of Drugs Act 1977

Interpretation.

1

1. (1) In this Act—

F1 [ business includes a profession; ]

F2 [ cannabis (except in cannabis resin ) means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) but includes neither cannabis resin nor any of the following products after separation from the rest of any such plant, namely

( a ) mature stalk of any such plant,

( b ) fibre produced from such mature stalk, or

( c ) seed of any such plant; ]

cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;

the Dental Board” means the Dental Board established under the Dentists Act, 1928;

duly issued prescription” has the meaning assigned to it by section 18 of this Act;

forged prescription” has the meaning assigned to it by section 18 of this Act;

F3 [ Irish Medicines Board means the Irish Medicines Board established under section 3 of the Irish Medicines Board Act 1995 ; ]

land” includes land covered wholly or partly with water;

the Medical Registration Council” means the Medical Registration Council established under the Medical Practitioners Acts, 1927 to 1961;

the Minister” means the Minister for Health;

F4 [ opium poppy means a plant of the species Papaver somniferum L or Papaver bracteatum Lindl ; ]

pharmacist” means a registered pharmaceutical chemist, a registered dispensing chemist and druggist and a registered druggist;

prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

F5 [ practitioner means a registered medical practitioner, a registered dentist, a registered veterinary surgeon, a registered nurse and a registered midwife; ]

prescribed” means prescribed by regulations made by the Minister under this Act;

registered dentist” means a person registered in the register established under the Dentists Act, 1928;

registered dispensing chemist and druggist” means a person registered in the register of dispensing chemists and druggists established under the Pharmacy Act, 1951;

registered druggist” means a person registered in the register of registered druggists in Ireland established under the Pharmacy Act (Ireland), 1875, Amendment Act, 1890;

registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927;

F6 [ registered midwife means a midwife whose name is entered in the midwives division of the register of nurses and midwives under the Nurses and Midwives Act 2011 ; ]

F5 [ registered nurse means a nurse whose name is entered in the nurses division of the register of nurses and midwives under the Nurses and Midwives Act 2011; ]

registered pharmaceutical chemist” means a person registered in the register of pharmaceutical chemists for Ireland established under the Pharmacy Act (Ireland), 1875;

registered veterinary surgeon” means a person registered in the register established under the Veterinary Surgeons Act, 1931;

registration authority” means such one of the following as the context requires namely, the Dental Board, the Medical Registration Council and the Veterinary Council;

the respondent” in relation to a reference under section 8 or section 9 of this Act means the practitioner in respect of whom the reference is made;

special direction” has the meaning assigned to it by section 7 (2) of this Act;

supply” includes giving without payment;

F7 [ temporary direction means a direction under section 9 of this Act; ]

F8 [ vessel includes a hovercraft; ]

the Veterinary Council” means the Veterinary Council established under the Veterinary Surgeons Act, 1931.

(2) For the purposes of this Act any controlled drug, pipe, utensil or document of which a person has control and which is in the custody of another who is either under the person's control or, though not under the person's control, acts on his behalf, whether as an agent or otherwise, shall be regarded as being in the possession of the person, and the provisions of section 16 and section 18 together with the provisions of this Act relating to the possession of controlled drugs shall be construed and have effect in accordance with the foregoing.

Annotations:

Amendments:

F1

Inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(a), S.I. No. 194 of 2007.

F2

Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(a), S.I. No. 205 of 1984.

F3

Inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(b), S.I. No. 194 of 2007.

F4

Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(b), S.I. No. 205 of 1984.

F5

Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 2, S.I. No. 172 of 2017.

F6

Inserted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 2, S.I. No. 172 of 2017.

F7

Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(c), S.I. No. 205 of 1984.

F8

Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 2(d), S.I. No. 205 of 1984.

Modifications (not altering text):

C4

References to a pharmaceutical chemist registered under the Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 construed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 75(1), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— (1) Any reference (however expressed) in a prior enactment to a pharmaceutical chemist registered under the Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 shall be construed as a reference to a registered pharmacist.

...

C5

References to a registered medical practitioner and the Medical Registration Council construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1) and (3), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

(3) Every reference to— ...

( b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2 .

Editorial Notes:

E13

Previous affecting provision: definition of “practitioner” amended (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(c), S.I. No. 194 of 2007; substituted as per F-note above.

E14

Previous affecting provision: definition of “registered nurse” inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 3(d), S.I. No. 194 of 2007; substituted as per F-note above.