Misuse of Drugs Act 1977

Possession of controlled drugs for unlawful sale or supply.

15

15. (1) Any person who has in his possession, whether lawfully or not, a controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act, shall be guilty of an offence.

(2) Subject to section 29 (3) of this Act, in any proceedings for an offence under subsection (1) of this section, where it is proved that a person was in possession of a controlled drug and the court, having regard to the quantity of the controlled drug which the person possessed or to such other matter as the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for the immediate personal use of the person, 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.

Annotations

Editorial Notes:

E128

Subs. (1) 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.

E129

Power of authorised officers in respect of offences under section prescribed by Transport Act 1950 (12/1950), s. 22A(1)(f), as inserted (18.12.2005) by Railway Safety Act 2005 (31/2005), s. 129, commenced on enactment.

E130

Power of authorised officers in respect of offences under section prescribed by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 66B(1), as inserted (18.12.2005) by Railway Safety Act 2005 (31/2005), s. 134(1), commenced on enactment.

E131

Offence under section designated drug trafficking offence (14.11.1994) for purposes of Criminal Justice Act 1994 (15/1994), s. 3(1), S.I. No. 324 of 1994.