Misuse of Drugs Act 1977

Occupiers etc. permitting certain activities to take place on land, vehicle or vessel to be guilty of an offence.

19

19. (1) A person who is the occupier or is in control or is concerned in the management of any land, vehicle or vessel and who knowingly permits or suffers any of the following to take place on the land, vehicle or vessel, namely—

( a) the cultivation contrary to section 17 of this Act of opium poppy or any plant of the genus Cannabis,

( b) the preparation of opium for smoking,

( c) the preparation of cannabis for smoking,

( d) the smoking of cannabis, cannabis resin or prepared opium,

( e) the manufacture, production or preparation of a controlled drug in contravention of regulations made under section 5 of this Act,

( f) the importation or exportation of a controlled drug in contravention of such regulations,

( g) the sale, supply or distribution of a controlled drug in contravention of such regulations,

( h) any attempt so to contravene such regulations, or

( i) the possession of a controlled drug in contravention of section 3 of this Act,

shall be guilty of an offence.

(2) In any proceedings for an offence under subsection (1) of this section, where it is proved that an activity or contravention mentioned in the said subsection (1) took place on particular land or on a particular vehicle or vessel and that the defendant was, at the time of the alleged offence, the occupier of, or in control or concerned in the management of the land, vehicle or vessel, as the case may be, it shall be presumed until the court is satisfied to the contrary that the activity or contravention took place with the knowledge of the defendant.

Annotations:

Modifications (not altering text):

C13

Application of subs. (1)(e) restricted (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 10(2), S.I. No. 517 of 2017.

Disapplication of sections 3, 19 and 21 of Act of 1977

10. ...

(2) Section 19(1)(e) of the Act of 1977, in so far as it relates to the preparation or production for immediate personal consumption by injection of a controlled drug by an authorised user, and section 19(1)(i) of the Act of 1977, do not apply to a licence holder who knowingly permits or suffers the preparation or production for immediate personal consumption by injection or the possession of a controlled drug, in a supervised injecting facility by an authorised user.

...

C14

Application of subs. (1)(a) modified (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 11(2), S.I. No. 205 of 1984.

Amendment of sections 17 and 19 of Principal Act.

11....

(2) Section 19 of the Principal Act shall be construed and have effect as if the reference in subsection (1) ( a) thereof to the cultivation contrary to section 17 of that Act of opium poppy included a reference to the cultivation contrary to the said section 17, as amended by subsection (1) of this section, of any plant of the genus Erythroxylon.

Editorial Notes:

E139

Power to apply for revocation or forfeiture of licence and disqualification from holding licence on conviction for an offence under subs. (1)(g) prescribed (21.06.1997) by Licensing (Combating Drug Abuse) Act 1997 (33/1997), ss. 3 and 17, commenced as per s. 22(4).

E140

Previous affecting provision: offences under section designated relevant offences (21.03.1991) for the purposes of European Communities (Merchandise Road Transport) Regulations 1991 (S.I. No. 60 of 1991), reg. 5 and sch. 1 para. (j); revoked (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 11(b).

E141

Previous affecting provision: offences under section designated relevant offences (21.03.1991) for the purposes of European Communities (Road Passenger Transport) Regulations 1991 (S.I. No. 59 of 1991), reg. 2(1) and sch. 1 para. (g); revoked (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 11(a).

E142

Previous affecting provision: offences under section designated relevant offences (30.09.1988) for the purposes of European Communities (Merchandise Road Transport) Regulations 1988 (S.I. No. 180 of 1988), reg. 2 and sch. 1 para. (k), in effect as per reg. 1(3); revoked (21.03.1991) by European Communities (Merchandise Road Transport) Regulations 1991 (S.I. No. 60 of 1991), reg. 21(1), subject to transitional provisions in regs. 14(1) and 21(2), (3).