Criminal Justice (Psychoactive Substances) Act 2010


Number 22 of 2010


CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023


This Revised Act is an administrative consolidation of the Criminal Justice (Psychoactive Substances) Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 (Commencement) Order 2023 (S.I. No. 669 of 2023), made 20 December 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 2010


CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Revised Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 (35/2023)

Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014)

All Acts up to and including Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Psychoactive Substances) Act 2010 (Commencement) Order 2010 (S.I. No. 22 of 2010)

All statutory instruments up to and including Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 (Commencement) Order 2023 (S.I. No. 669 of 2023), made 20 December 2023, were considered in the preparation of this revision.


Number 22 of 2010


CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023



Acts Referred to

Animal Remedies Act 1993

1993, No. 23

Bail Act 1997

1997, No. 16

Criminal Justice Act 1951

1951, No. 2

Customs and Excise (Miscellaneous Provisions) Act 1988

1988, No. 10

Dentists Act 1985

1985, No. 9

Food Safety Authority of Ireland Act 1998

1998, No. 29

Irish Medicines Board Act 1995

1995, No. 29

Licensing Act 1872

35 & 36 Vic. c. 94

Medical Practitioners Act 2007

2007, No. 25

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Acts 1977 and 1984

Misuse of Drugs Acts 1977 to 2007

Nurses Act 1985

1985, No. 18

Pharmacy Act 2007

2007, No. 20

Police (Property) Act 1897

60 & 61 Vic. c. 30

Public Health (Tobacco) Act 2002

2002, No. 6


Number 22 of 2010


CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023


AN ACT TO PREVENT THE MISUSE OF DANGEROUS OR OTHERWISE HARMFUL PSYCHOACTIVE SUBSTANCES; TO PROVIDE FOR OFFENCES RELATING TO THE SALE, IMPORTATION, EXPORTATION OR ADVERTISEMENT OF THOSE SUBSTANCES; TO PROVIDE FOR OFFENCES RELATING TO THE SALE AND ADVERTISEMENT OF CERTAIN OBJECTS FOR USE IN THE CULTIVATION OF CERTAIN PLANTS IN CONTRAVENTION OF THE MISUSE OF DRUGS ACT 1977; TO PROVIDE FOR POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF THOSE OFFENCES; TO MAKE PROVISION IN RELATION TO THE ISSUING OF PROHIBITION NOTICES BY CERTAIN MEMBERS OF THE GARDA SÍOCHÁNA TO CERTAIN PERSONS IN RELATION TO ACTIVITIES THAT ARE PROHIBITED; TO PROVIDE FOR THE MAKING BY THE DISTRICT COURT OF PROHIBITION ORDERS AND CLOSURE ORDERS IN CERTAIN CIRCUMSTANCES; TO AMEND THE CUSTOMS AND EXCISE (MISCELLANOUS PROVISIONS) ACT 1988; AND TO PROVIDE FOR RELATED MATTERS.

[14th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: