Misuse of Drugs Act 1977

Regulations permitting possession of controlled drugs.

4

4.—(1) The Minister may make regulations enabling any person, or persons of a prescribed class or description, in prescribed circumstances or for prescribed purposes, to possess a controlled drug subject to such conditions (if any), or subject to and in accordance with such licence, as may be prescribed.

(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 practitioner or pharmacist to have a controlled drug in his possession for the purpose of his profession or business.

(3) It shall be lawful for any person, or a person of a class or description specified in regulations under this section, to have in his possession in prescribed circumstances or for prescribed purposes, as may be appropriate, a controlled drug specified therein, provided that any conditions specified in the regulations or attached to a licence granted under this Act and applicable in the particular case are complied with by him.

Annotations

Editorial Notes:

E42

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).

E43

Power pursuant to section exercised (1.04.2023) by Misuse of Drugs (Amendment) (No. 2) Regulations 2023 (S.I. No. 156 of 2023), in effect as per reg. 2.

E44

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

E45

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).

E46

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).

E47

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

E48

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).

E49

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

E50

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

E51

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).

E52

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).

E53

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

E54

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

E55

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

E56

Power pursuant to section exercised (11.05.2010) by Misuse of Drugs (Amendment) Regulations 2010 (S.I. No. 200 of 2010).

E57

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

E58

Power pursuant to section exercised (20.02.2009) by Misuse of Drugs (Amendment) Regulations 2009 (S.I. No. 63 of 2009).

E59

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

E60

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.

E61

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

E62

Power pursuant to section exercised (1.03.1983) by Misuse of Drugs (Safe Custody) Regulations 1982 (S.I. No. 321 of 1982). 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.

E63

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).

E64

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.

E65

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).

E66

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).

E67

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).

E68

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).

E69

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.

E70

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).

E71

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.

E72

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.

E73

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.