Misuse of Drugs Act 1977

Attempts etc. and miscellaneous other offences.

21

21. (1) A person who attempts to commit an offence under this Act, or who aids, abets, counsels or procures the commission of an offence under this Act, or who solicits or incites any other person to commit an offence under this Act shall be guilty of an offence.

(2) Any person who, whether by act or omission, contravenes or fails to comply with regulations under this Act shall be guilty of an offence.

(3) A person who, in purported compliance with any obligation to give information to which he is subject by virtue of regulations made under this Act, gives any information which he knows to be false in a material particular or recklessly gives information which is so false shall be guilty of an offence.

(4) Any person who by act or omission impedes or obstructs a member of the Garda Síochána or a person duly authorised under this Act in the lawful exercise of a power conferred by this Act shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence.

(5) Any person who conceals from a person lawfully exercising a power under section 24 of this Act any controlled drug, or who without reasonable excuse fails to produce any book, record or other document which he has been duly required to produce under that section, shall be guilty of an offence.

(6) Any person who contravenes a condition attached to a licence, permit or authorisation granted or issued by the Minister under this Act (other than section 24) or under regulations made under this Act shall be guilty of an offence.

(7) Any person who, for the purpose of obtaining, whether for himself or another, the grant, issue or renewal of a licence, permit or authorisation under this Act or under regulations made under this Act—

( a) makes any statement or gives information which he knows to be false in a material particular or recklessly gives information which is so false, or

( b) produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material particular,

shall be guilty of an offence.

Annotations:

Amendments:

F36

Substituted by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 5, not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective affecting provision: subs. (6) amended by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 5, not commenced as of date of revision.

(6) Any person who contravenes a condition attached to a licence, permit or authorisation granted or F36 [ issued under section 14 by the Health Products Regulatory Authority ] under this Act (other than section 24) or under regulations made under this Act shall be guilty of an offence.

...

C16

Application of subs. (2) restricted (30.11.2017) by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 10(3), S.I. No. 517 of 2017.

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

10. ...

(3) Section 21(2) of the Act of 1977, in so far as it relates to the possession, preparation or production of a controlled drug for immediate personal consumption by injection does not apply to an authorised user.