Misuse of Drugs Act 1977

Restriction on possession of controlled drugs.

3

3. (1) Subject to subsection (3) of this section and section 4 (3) of this Act, a person shall not have a controlled drug in his possession.

(2) A person who has a controlled drug in his possession in contravention of subsection (1) of this section shall be guilty of an offence.

(3) The Minister may by order declare that subsection (1) of this section shall not apply to a controlled drug specified in the order, and for so long as an order under this subsection is in force the prohibition contained in the said subsection (1) shall not apply to a drug which is a controlled drug specified in the order.

(4) The Minister may by order amend or revoke an order under this section (including an order made under this subsection).

Annotations:

Modifications (not altering text):

C6

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

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

10. (1) Subsections (1) and (2) of section 3 of the Act of 1977 do not apply to an authorised user.

...

Editorial Notes:

E28

Power pursuant to section exercised (4.05.2017) by Misuse of Drugs (Exemption) Order 2017 (S.I. No. 175 of 2017), in effect as per art. 2.

E29

Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Exemption) (Amendment) Order 2011 (S.I. No. 554 of 2011).

E30

Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Exemption) (Amendment) Order 2010 (S.I. No. 202 of 2010).

E31

Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Exemption) (Amendment) Order 1993 (S.I. No. 339 of 1993).

E32

Power pursuant to section exercised (16.10.1987) by Misuse of Drugs (Exemption) (Amendment) Order 1987 (S.I. No. 264 of 1987).

E33

Previous affecting provision: power pursuant to section exercised (31.01.2006) by Misuse of Drugs (Exemption) (Amendment) Order 2006 (S.I. No. 54 of 2006); revoked (11.05.2010) by Misuse of Drugs (Exemption) (Amendment) Order 2010 (S.I. No. 202 of 2010), art. 4.

E34

Previous affecting provision: power pursuant to section exercised (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 2004 (S.I. No. 91 of 2004); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(d).

E35

Previous affecting provision: power pursuant to section exercised (29.04.2003) by Misuse of Drugs (Scheduled Substances) (Exemption) (Amendment) Order 2003 (S.I. No. 169 of 2003); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 2004 (S.I. No. 91 of 2004), art. 3.

E36

Previous affecting provision: power pursuant to section exercised (4.02.2003) by Misuse of Drugs (Exemption) (Amendment) Order 2003 (S.I. No. 42 of 2003); revoked (29.04.2003) by Misuse of Drugs (Scheduled Substances) (Exemption) (Amendment) Order 2003 (S.I. No. 169 of 2003), art. 3.

E37

Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 1993 (S.I. No. 341 of 1993); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Exemption) Order 2004 (S.I. No. 91 of 2004), art. 3.

E38

Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs (Exemption) Order 1988 (S.I. No. 326 of 1988). Note that this SI was given statutory status (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3). It was revoked (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(c), S.I. No. 172 of 2017.

E39

Previous affecting provision: power pursuant to section exercised (1.06.1979) by Misuse of Drugs (Exemption) Order 1979 (S.I. No. 29 of 1979), in effect as per art. 2; revoked (8.12.1988) by Misuse of Drugs (Exemption) Order 1988 (S.I. No. 326 of 1988), art. 2.