Misuse of Drugs Act 1977 explained
The Misuse of Drugs Act 1977,[1] the Misuse of Drugs Act 1984, Misuse of Drugs Act 2015 [2] and the Criminal Justice (Psychoactive Substances) Act 2010[3] are the acts of the Oireachtas regulating drugs in Ireland. The acts define the penalties for unlawful production, possession and supply of drugs.
In 2015 the 1977 act was declared unconstitutional, immediately legalizing many drugs in Ireland including ecstasy, ketamine, and crystal meth. The situation lasted 24 hours before emergency legislation closing the loophole could take effect.[4]
Regulations
The act provides for the Minister for Health to make regulations scheduling drugs according to their use perceived medical usability and their risk to the public. Additionally, these regulations outline the requirements for distribution and monitoring of the listed substances. The principal regulations are Misuse of Drugs Regulations 1988 (SI 328/1988) as amended by Misuse of Drugs (Amendment) Regulations 1993 (SI 342/1993), Misuse of Drugs (Amendment No. 1) Regulations 1999 (SI 273/1999), Misuse of Drugs (Amendment) Regulations 2006 (SI 53/2006), Misuse of Drugs (Amendment) Regulations 2007 (SI 200/2007), Misuse of Drugs (Amendment) (No. 1) Regulations 2009 (SI 63/2009), Misuse of Drugs (Amendment) (No. 2) Regulations 2009 (SI 122/2009) and Misuse of Drugs (Amendment) (No. 2) Regulations 2010 (SI 200/2010).
Schedule 1
The substances (and certain derivatives thereof) considered by the state to have no medicinal or scientific value with consideration given regarding their likelihood of their being abused and thus would be considered illegal drugs.
Substances
- 1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone (i.e. MDPV, added by 2010 Regulations)
- 1-Benzylpiperazine (added by 2010 Regulations, replacing '1-benzylpiperazinc (BZP)', added by 2009 Regulations)
- Bufotenine
- Cannabinol (except where contained in cannabis or cannabis resin)
- Cannabinol derivatives
- cannabis and cannabis resin (hashish)
- Cathinone
- Coca leaf
- Concentrate of poppy-straw
- [2,3–Dihydro–5–methyl–3–(4–morpholinylmethyl)pyrrolo[1, 2, 3–de]–1,4–benzoxazin–6–yl]–1–naphthalenylmethanone (i.e. WIN 55,212-2, added by 2010 Regulations)
- 3–Dimethylheptyl–11–hydroxyhexahydrocannabinol (i.e. canbisol, added by 2010 Regulations)
- Eticyclidine
- Etryptamine (added by 2010 Regulations)
- 1-(2-Fluorophenyl)-2-methylaminopropan-1-one (i.e. 2-FMC, added by 2010 Regulations)
- 1-(3-Fluorophenyl)-2-methylaminopropan-1-one (i.e. 3-FMC, added by 2010 Regulations)
- 1-(4-Fluorophenyl)-2-methylaminopropan-1-one (i.e. flephedrone, by 2010 Regulations)
- 9-(Hydroxymethyl)–6, 6–dimethyl–3–(2–methyloctan–2–yl)–6a, 7, 10, 10a–tetrahydrobenzo[c]chromen–1–ol (i.e. HU-210, added by 2010 Regulations)
- [9–Hydroxy–6–methyl–3–[5–phenylpentan–2–yl] oxy–5, 6, 6a, 7, 8, 9, 10, 10a octahydrophenanthridin–1–yl] acetate (i.e. levonantradol, added by 2010 Regulations)
- Khat (being the leaves of Catha edulis (Celastraceae)) (added by 1993 Regulations)
- Lysergamide
- Lysergide (and other N-alkyl derivatives of lysergamide) (i.e. LSD)
- Mescaline
- Methcathinone (added by 2010 Regulations)
- 1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one (i.e. methedrone, added by 2010 Regulations)
- 2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one (i.e. butylone, added by 2010 Regulations)
- 2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one (i.e. methylone, added by 2010 Regulations)
- 4-(Methylthio)phenethylamine (i.e. 4-MTA, added by 2010 Regulations)
- 1-(4-Methylphenyl)-2-methylaminopropan-1-one (i.e. mephedrone, added by 2010 Regulations)
- Psilocin
- Raw opium
- Rolicyclidine
- Tenocyclidine
- N,N-Diethyltryptamine
- N,N-Dimethyltryptamine
- N-(1-Benzyl-4-piperidyl)propionanilide
- N-(1-(2-(2-Thienyl)ethyl)-4-piperidyl)propionanilide
- 2,5-Dimethoxy-α,4-dimethylphenethylamine
- N-Hydroxytenamphetamine and 4-Methyl-aminorex (added by 1993 Regulations)
Schedule 2
Strictly controlled medicinal products (and derivatives thereof) or drugs used for scientific purposes which have a high likelihood of their being abused. Exemptions are provided to cover legitimate use for professional purposes by doctors, pharmacists, vets etc. and in other specified circumstances.
Substances and products
Substances
Schedule 3
Controlled medicinal products (and certain derivatives thereof) have a high likelihood of their being abused. Exemptions are provided to cover legitimate use for professional purposes by doctors, pharmacists, etc. and are frequently prescribed to the public for common ailments.
Substances
Schedule 4
Controlled medicinal products (and certain derivatives thereof).
Substances
Schedule 5
Products containing a relatively small proportion of certain substances listed in schedules 1-4 (e.g. cough medicines containing codeine) and are usually administered by a doctor or pharmacist.
Schedule 8
Schedule 8 (inserted by the 2007 Regulations) lists the drugs that can be prescribed by a registered nurse within schedules 2 and 3 for pain relief in hospitals, palliative care, midwifery and neonatal care in hospital and the particular method of administration of these drugs.
Notes and References
- http://www.irishstatutebook.ie/1977/en/act/pub/0012/index.html Misuse of Drugs Act 1977
- http://www.irishstatutebook.ie/1984/en/act/pub/0018/index.html Misuse of Drugs Act 1984
- http://www.irishstatutebook.ie/2010/en/act/pub/0022/print.html Criminal Justice (Psychoactive Substances) Act 2010
- Web site: Ecstasy, ketamine and crystal meth are legal in Ireland for the next 24 hours. https://ghostarchive.org/archive/20220515/https://www.independent.co.uk/news/world/europe/ireland-just-accidentally-legalised-ecstasy-ketamine-and-crystal-meth-10098612.html . 15 May 2022 . subscription . live. Independent.co.uk. 12 March 2015.
