Misuse of Drugs Act 1977

15A

F27 [ Offence relating to possession of drugs with value of F28 [ 13,000 ]

15A. (1) A person shall be guilty of an offence under this section where

( a ) the person has in his possession, whether lawfully or not, one or more controlled drugs for the purpose of selling or otherwise supplying the drug or drugs to another in contravention of regulations under section 5 of this Act, and

( b ) at any time while the drug or drugs are in the person's possession the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to F28 [ 13,000 ] or more.

(2) Subject to section 29(3) of this Act (as amended by section 6 of the Criminal Justice Act, 1999 ), in any proceedings for an offence under this section, where

( a ) it is proved that a person was in possession of a controlled drug, and

( b ) the court, having regard to the quantity of the controlled drug which the person possessed or to such other matters that the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for his immediate personal use,

he shall be presumed, until the court is satisfied to the contrary, to have been in possession of the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act.

(3) If the court is satisfied that a member of the Garda S í och á na or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to

( a ) the market value of the controlled drug concerned, or

( b ) the aggregate of the market values of the controlled drugs concerned.

F29 [ (3A) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at any time while the controlled drug or drugs concerned were in the person s possession that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to 13,000 or more or that he or she was reckless in that regard. ]

(4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

(5) In this section

market value , in relation to a controlled drug, means the price that drug could be expected to fetch on the market for the unlawful sale or supply of controlled drugs;

an officer of customs and excise has the same meaning as in section 6 of the Criminal Justice (Drug Trafficking) Act, 1996 . ]

Annotations:

Amendments:

F27

Inserted (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 4, S.I. No. 154 of 1999.

F28

Substituted (1.01.2002) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1(3) and (4) and schs. 3 ref. no. 6 and 4 ref. no. 9, commenced as per s. 1(3).

F29

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 81(1), S.I. No. 390 of 2006, subject to transitional provision in subs. (2).

Editorial Notes:

E124

Offence under section designated as relevant offence for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch. para. 16, S.I. No. 414 of 2010.

E125

Offence under section designated drug trafficking offence for purposes of Criminal Justice Act 1994 by Criminal Justice Act 1994 (15/1994), s. 3(1), as amended (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 7, S.I. No. 154 of 1999.