Misuse of Drugs Act 1977

Regulations to prevent misuse of controlled drugs.

5

5.—(1) For the purpose of preventing the misuse of controlled drugs, the Minister may make regulations—

(a) prohibiting absolutely, or permitting subject to such conditions or exceptions as may be specified in the regulations, or subject to any licence, permit or other form of authority as may be so specified—

(i) the manufacture, production or preparation of controlled drugs,

(ii) the importation or exportation of controlled drugs,

(iii) the supply, the offering to supply or the distribution of controlled drugs,

(iv) the transportation of controlled drugs,

(b) requiring prescribed documents to be used in a prescribed manner in relation to prescribed transactions concerning controlled drugs and requiring copies of such documents to be furnished to prescribed persons, or to persons of a prescribed class or description,

(c) requiring prescribed precautions to be taken for the purpose of ensuring the safe custody of controlled drugs,

(d) requiring prescribed records to be kept in relation to controlled drugs and regulations under this section may specify the manner in which the records are to be kept and maintained and such regulations may also provide for the furnishing of information relating to such records in such circumstances and in such manner as may be prescribed,

(e) providing for the inspection by prescribed persons of precautions taken or records kept in pursuance of regulations under this section,

F9[(f) subject to subsection (1A), regulating the issue of prescriptions for controlled drugs and the supply of controlled drugs on prescription by—

(i) registered medical practitioners, registered dentists or registered veterinary surgeons,

(ii) relevant nurses, or

(iii) relevant midwives,]

(g) requiring persons dispensing prescriptions for controlled drugs to furnish to the Minister such information relating to those prescriptions as may be prescribed,

(h) regulating or controlling the packaging and labelling of controlled drugs and such regulations may in particular require prescribed particulars relating to controlled drugs or a prescribed statement (including a warning or caution) relating to such drugs to be printed either on the outside of any packet or container used in the sale, supply or distribution of controlled drugs or on a label attached to such packet or container,

(i) requiring that any controlled drugs which, because of their condition or for any other reason, are not intended to be used shall be destroyed or disposed of in a prescribed manner,

(j) requiring any manufacturer, manufacturer’s agent or wholesaler who wishes to withdraw a controlled drug from public sale to give six months notice of such proposed withdrawal unless the Minister is satisfied that it is in the public interest that such controlled drug should be withdrawn at such shorter notice as the Minister may determine.

F9[(1A) The Minister shall not make regulations under subsection (1)(f)(ii) or (iii) unless the Minister, having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the issue of prescriptions for that controlled drug by relevant nurses or relevant midwives.]

(2) Subject to section 13 of this Act, the Minister shall exercise his power to make regulations under this section so as to secure that it is not unlawful under this Act for—

(a) a practitioner F10[(other than a relevant nurse or a relevant midwife)], for the purpose of his profession, to prescribe, administer, manufacture, compound or supply a controlled drug,

(b) a pharmacist, for the purpose of his profession or business, to F11[…] manufacture, compound or supply a controlled drug,

provided that nothing in this subsection shall be construed as enabling the Minister to make regulations under this Act authorising a registered druggist to keep open shop for the compounding or dispensing of medical prescriptions.

F9[(3) Subject to section 13, the Minister may make regulations under this section so as to secure that it is not unlawful under this Act for a practitioner who is a relevant nurse or a relevant midwife, for the purpose of the practitioner’s profession as a relevant nurse or a relevant midwife, to prescribe, administer or supply a controlled drug if the Minister, after having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the practitioner, for the purpose of the practitioner’s profession as a relevant nurse or a relevant midwife, to prescribe, administer or supply that controlled drug.]

F12[(4) In this section—

"relevant midwife" means a registered midwife or a class of registered midwives;

"relevant nurse" means a registered nurse or a class of registered nurses.]

Annotations

Amendments:

F9

Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 3(a), (b), (d), S.I. No. 172 of 2017.

F10

Substituted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 3(c), S.I. No. 172 of 2017.

F11

Deleted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 15(a), S.I. No. 205 of 1984.

F12

Inserted (4.05.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 3(e), S.I. No. 172 of 2017.

Modifications (not altering text):

C7

Reference to registered medical practitioners construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

C8

References to a person dispensing prescriptions for controlled drugs under Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 construed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 75(2), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— ...

(2) Any reference (however expressed) in a prior enactment to a person who is keeping open shop for the dispensing or compounding of medical prescriptions under the Pharmacy Acts 1875 to 1977—

(a) where that person is, in relation to a pharmacist, a representative within the meaning given by section 25(2), shall be construed as a reference to such a representative, and

(b) in any other case, shall be construed as a reference to a registered retail pharmacy business.

Editorial Notes:

E75

Power pursuant to section exercised (29.02.2024) by Misuse of Drugs (Amendment) Regulations 2024 (S.I. No. 71 of 2024).

E76

Power pursuant to section exercised (26.04.2023) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) (No. 2) Regulations 2023 (S.I. No. 200 of 2023).

E77

Power pursuant to section exercised (30.03.2023) by Misuse of Drugs (Amendment) Regulations 2023 (S.I. No. 150 of 2023).

E78

Power pursuant to section exercised (19.01.2023) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2023 (S.I. No. 5 of 2023).

E79

Power pursuant to section exercised (16.05.2022) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2022 (S.I. No. 237 of 2022).

E80

Power pursuant to section exercised (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022).

E81

Power pursuant to section exercised (27.10.2021) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 (S.I. No. 557 of 2021).

E82

Power pursuant to section exercised (2.04.2020) by Misuse of Drugs (Amendment) Regulations 2020 (S.I. No. 99 of 2020).

E83

Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Amendment) Regulations 2019 (S.I. No. 282 of 2019).

E84

Power pursuant to section exercised (26.06.2019) by Misuse Of Drugs (Prescription And Control Of Supply Of Cannabis For Medical Use) Regulations 2019 (S.I. No. 262 of 2019).

E85

Power pursuant to section exercised (22.11.2017) by Misuse of Drugs (Supervision of Prescription and Supply of Methadone and Medicinal Products containing Buprenorphine authorised for Opioid Substitution Treatment) Regulations 2017 (S.I. No. 522 of 2017), in effect as per reg. 1(2).

E86

Power pursuant to section exercised (4.05.2017) by Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017), in effect as per reg. 1(2).

E87

Power pursuant to section exercised (17.12.2014) by Misuse of Drugs (Amendment) (No. 2) Regulations 2014 (S.I. No. 583 of 2014).

E88

Power pursuant to section exercised (11.07.2014) by Misuse of Drugs (Amendment) Regulations 2014 (S.I. No. 323 of 2014).

E89

Power pursuant to section exercised (1.11.2011) by Misuse of Drugs (Amendment) Regulations 2011 (S.I. No. 552 of 2011).

E90

Power pursuant to section exercised (20.12.2010) by Misuse of Drugs (Amendment) (No. 2) Regulations 2010 (S.I. No. 607 of 2010).

E91

Power pursuant to section exercised (11.06.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).

E92

Power pursuant to section exercised (31.03.2009) by Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (S.I. No. 122 of 2009).

E93

Power pursuant to section exercised (1.05.2007) by Misuse of Drugs (Amendment) Regulations 2007 (S.I. No. 200 of 2007).

E94

Power pursuant to section exercised (31.01.2006) by Misuse of Drugs (Amendment) Regulations 2006 (S.I. No. 53 of 2006), in effect as per reg. 2.

E95

Power pursuant to section exercised (27.08.1999) by Misuse of Drugs (Amendment No. 1) Regulations 1999 (S.I. No. 273 of 1999).

E96

Offence created in respect of ships used for drug trafficking in contravention of subs. (1)(a)(ii) (15.11.1996) by Criminal Justice Act 1994 (15/1994), s. 34(2), S.I. No. 333 of 1996.

E97

Offence under regulations made 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.

E98

Power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Amendment) Regulations 1993 (S.I. No. 342 of 1993).

E99

Penalties prescribed for offences under Customs Acts where controlled drug imported for purpose of supply in contravention of regulations under section (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 7(1)(a), S.I. No. 205 of 1984.

E100

Power pursuant to section exercised (1.03.1983) by Misuse of Drugs (Safe Custody) Regulations 1982 (S.I. No. 321 of 1982), in effect as per reg. 2. 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 by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(b), not commenced as of date of revision.

E101

Previous affecting provision: power pursuant to section exercised (18.03.2021) by Misuse of Drugs (Amendment) Regulations 2021 (S.I. No. 121 of 2021); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No. 210 of 2022), reg. 3(b).

E102

Previous affecting provision: power pursuant to section exercised (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020); revoked (27.10.2021) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2021 (S.I. No. 557 of 2021), reg. 3.

E103

Previous affecting provision: power pursuant to section exercised (17.12.2019) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 (S.I. No. 649 of 2019); revoked (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020), reg. 3(b).

E104

Previous affecting provision: power pursuant to section exercised (22.11.2019) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2019 (S.I. No. 583 of 2019); revoked (29.10.2020) by Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) (Amendment) Regulations 2020 (S.I. No. 505 of 2020), reg. 3(a).

E105

Previous affecting provision: power pursuant to section exercised (24.11.2017) by Misuse of Drugs (Amendment) Regulations 2017 (S.I. No. 532 of 2017); revoked (27.04.2022) by Misuse of Drugs (Amendment) Regulations 2022 (S.I. No 210 of 2022), reg. 3(a).

E106

Previous affecting provision: power pursuant to section exercised (16.07.1998) by Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998 (S.I. No. 225 of 1998), in effect as per reg. 1(2); given statutory effect (12.03.2015) by Misuse Of Drugs (Amendment) Act 2015 (6/2015), s. 2 and sch. 2, commenced as per s. 1(3); revoked (22.11.2017) by Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 7(f), S.I. No. 521 of 2017.

E107

Previous affecting provision: subs. (1)(f) substituted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(a), S.I. No. 194 of 2007; substituted as per F-note above.

E108

Previous affecting provision: subs. (1A) inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(b), S.I. No. 194 of 2007; substituted as per F-note above.

E109

Previous affecting provision: subs. (2)(a) amended (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(c), S.I. No. 194 of 2007; amendment substituted as per F-note above.

E110

Previous affecting provision: subs. (3) inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(d), S.I. No. 194 of 2007; substituted as per F-note above.

E111

Previous affecting provision: power pursuant to section exercised (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(c).

E112

Previous affecting provision: power pursuant to section exercised (4.02.2003) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2003 (S.I. No. 41 of 2003); revoked (1.03.2004) by Misuse of Drugs (Scheduled Substances) (Amendment) Regulations 2004 (S.I. No. 92 of 2004), reg. 2.

E113

Previous affecting provision: power pursuant to section exercised (22.11.1993) by Misuse of Drugs (Scheduled substances) Regulations 1993 (S.I. No. 338 of 1993); revoked (22.12.2009) by European Communities (Control of Drug Precursors) Regulations 2009 (S.I. No. 558 of 2009), reg. 37(1)(b).

E114

Previous affecting provision: power pursuant to section exercised (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 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(d), S.I. No. 172 of 2017.

E115

Previous affecting provision: power pursuant to section exercised (16.10.1987) by Misuse of Drugs (Amendment) Regulations 1987 (S.I. No. 263 of 1987); revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E116

Previous affecting provision: power pursuant to section exercised (1.05.1979) by Misuse of Drugs Regulations 1979 (S.I. No. 32 of 1979), in effect as per reg. 2; revoked (8.12.1988) by Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988), reg. 2.

E117

Previous affecting provision: subs. (1A) inserted (1.05.2007) by Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 4(b), S.I. No. 194 of 2007; substituted as per F-note above.