(a) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of such drug for his personal use:

(i) in the case of a first offence, to a fine on summary conviction not exceeding fifty pounds,

(ii) in the case of a second offence, to a fine on summary conviction not exceeding one hundred pounds,

(iii) in the case of a third or subsequent offence, to a fine on summary conviction not exceeding two hundred and fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment;

(b) in any other case—

(i) on summary conviction, to a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding fifteen hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding seven years, or to both the fine and the imprisonment.

(a) on summary conviction, to a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding three thousand pounds or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment.

(a) on summary conviction, to a fine not exceeding two hundred and fifty pounds, or at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding three thousand pounds or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment.’.”

(a) on summary conviction, to a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding three thousand pounds or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment.’.”

(a) in case the regulation in relation to which the offence was committed is a regulation made pursuant to section 5 (1) (a) of this Act, other than a regulation regulating the transportation of controlled drugs,

(i) on summary conviction, to a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding three thousand pounds or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment; and

(b) in case the regulation in relation to which the offence was committed is a regulation made other than under the said section 5 (1) (a) or is a regulation regulating the transportation of controlled drugs—

(i) on summary conviction, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding five hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment’.”

‘(1) (a) Where a person is convicted of an offence under section 3 of this Act, other than a first or second offence in relation to which a penalty may be imposed under section 27 (1) (a) of this Act, or an offence under section 15, 16 or 18 of this Act, or of attempting to commit any such offence, the court shall remand the person for such period as it considers necessary for the purposes of this section (being a period not exceeding eight days in the case of a remand in custody), and request a health board, court welfare officer or other body or person, considered by the court to be appropriate, to—

(i) cause to be furnished to the court a medical report in writing on the convicted person together with such recommendations (if any) as to medical treatment which the person making the report considers appropriate to the needs of the convicted person, and

(ii) furnish to the court a report in writing as to the vocational and educational circumstances and social background of the convicted person together with such recommendations (if any) as to care which the body or person making the report considers appropriate to the said needs.

(b) Where a person is convicted of a first or second offence under section 3 of this Act in relation to which a penalty may be imposed under the said section 27 (1) (a) and the court, having regard to the circumstances of the case, considers it appropriate so to do, the court may remand the person on bail for such period as it considers necessary for the purposes of this section, and request a health board, court welfare officer or other body or person, considered by the court to be appropriate, to—

(i) cause to be furnished to the court a medical report in writing on the convicted person together with such recommendations (if any) as to medical treatment which the person making the report considers appropriate to the needs of the convicted person, and

(ii) furnish to the court a report in writing as to the vocational and educational circumstances and social background of the convicted person together with such recommendations (if any) as to care which the body or person making the report considers appropriate to the said needs’.”

‘(b) section 14 (3) is hereby amended by—

(i) the substitution of the following paragraph for paragraph (j):

“(j) provide for the enforcement and execution of the provisions of the regulations—

(i) by officers of the Minister,

(ii) with the consent of the Minister for Agriculture and Fisheries, by officers of that Minister,

(iii) by the Pharmaceutical Society of Ireland and its officers, and

(iv) by health boards and their officers,”,

and

(ii) the insertion of the following paragraph after paragraph (j):

“(jj) enable any such officer (with, in the case of an officer of the Minister or the Minister for Agriculture and Fisheries, a written authorisation of whichever of those Ministers is appropriate, in the case of an officer of the Pharmaceutical Society of Ireland, a written authorisation of that Society, and in the case of an officer of a health board, a written authorisation of the board), at all reasonable times, for the purpose of ascertaining whether or not there is or has been a contravention of the regulations, to enter premises of a class or description specified in the regulations and to inspect any substance or article which is so specified and require the production of and inspect, and if he thinks fit take copies of any entry in, any book, record or other document which is of a prescribed class or description”,’.”.

“(4) It shall not be a contravention of subsection (2) of this section for a person to keep open shop for the sale of a substance which is declared to be a poison for the purposes of regulations made under section 14 of the Poisons Act, 1961, if the person is a person, or a member of a class of persons, by whom pursuant to such regulations the substance may be sold or offered or kept for sale.”.’”

(a) section 2 (1) shall be construed and have effect as if the reference therein to the Council were a reference to the Minister for Health;

(b) the following subsection shall be substituted for subsection (2) of section 2:

“(2) The Minister for Health may by regulations make such modifications (by way of deletion, addition or amendment) in the British Pharmacopoeia for the time being in force in Great Britain as he thinks fit.”;

(c) the following subsection shall be substituted for subsection (2) of section 3:

“(2) A certificate endorsed on a book purporting to be a copy of the British Pharmacopoeia and purporting to be signed by an officer of the Minister for Health that such book is a copy of the British Pharmacopoeia in force in Great Britain on a specified day or days, or during a specified period, shall in any legal proceedings until the contrary is shown be admitted as evidence of the facts so certified, and in such proceedings it shall not be necessary to prove the signature of the person purporting to sign the certificate or that the person was an officer of the said Minister.”; and

(d) the following new section shall be inserted after section 4:

(a) “or the European Pharmacopoeia” were inserted after “Saorstát Éireann Pharmacopoeia” in subsection (1), and

(b) the following subsection were added to the section:

“(3) In this section ‘the European Pharmacopoeia’ means the Pharmacopoeia elaborated under the auspices of the Council of Europe in pursuance of the Convention in that behalf done at Strasbourg on the 22nd day of July, 1964.”.

(a) the substitution of the following paragraph (j) of subsection (3):

“(j) the enforcement and execution of the regulations—

(i) by officers of the Minister,

(ii) by health boards and their officers,

(iii) with the consent of the Minister for Finance, by officers of Customs and Excise,

(iv) with the consent of the Minister for Industry and Commerce, by officers of that Minister,

(v) by the Pharmaceutical Society of Ireland and its officers;

(k) the enabling for the purpose of ascertaining whether or not there is or has been a contravention of the regulations, of any such officer (with, in the case of an officer of the Minister or the Minister for Industry and Commerce or an officer of Customs and Excise, a written authorisation of whichever of those Ministers or the Minister for Finance is appropriate, in the case of an officer of a health board, a written authorisation of the board and in the case of an officer of the Pharmaceutical Society of Ireland, a written authorisation of that Society), at all reasonable times to enter any premises which are of a class or description specified in the regulations and to inspect or examine any substance or article which is of a class or description so specified and require the production of and inspect, and if he thinks fit, to take copies of any entry in, any book, record or other document which is of a prescribed class or description;

(l) the taking (without payment) by such officers, with such authorisation, of samples of such substances or articles for test, examination or analysis;

(m) the prescribing of the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of person by whom such certificate or evidence is to be given; and

(n) providing that any certificate or other evidence specified under paragraph (m) of this subsection and given in respect of the test, examination or analysis of a sample shall with regard to that sample be evidence for all purposes of the result.”, and

(b) the substitution of the following subsection for subsection (5):

“(5) An offence under this section may be prosecuted by the Minister, the Pharmaceutical Society of Ireland or by the health board in whose functional area the offence is committed”.’.”

‘(a) (i) “by the General Council of Medical Education and Registration of the United Kingdom” in section 1 of the Pharmacopoeia Act, 1931, and

(ii) section 2 (3) of that Act; and’.”

‘(1) (a) As soon as may be after the passing of this Act, there shall be established by the Minister a National Advisory Committee on the Misuse of Drugs.

(b) The Committee shall report to the Minister on the effectiveness of this Act in preventing the misuse of dangerous or otherwise harmful drugs in the State.

(c) The Committee shall investigate the medical treatment facilities in each Health Board area for persons affected by the misuse of drugs.

(d) The members of the Committee shall be appointed by the Minister and shall include—

(i) a member of the Judiciary,

(ii) a member of the Garda Síochána Drug Squad.

(iii) a registered medical practitioner, and

(iv) two Officers of the Department of Health.

(e) The Committee shall report to the Minister at six monthly intervals.

(2) (a) The Minister shall appoint a sub-committee in each health board area to report to the National Advisory Committee at least quarterly on the effectiveness of this Act in preventing the misuse of dangerous or otherwise harmful drugs in its area.

(b) The membership of each sub-committee shall consist of—

(i) a registered medical practitioner,

(ii) a member of the Garda Síochána Drug Squad,

(iii) a person engaged in the practice of pharmacy or in the pharmaceutical industry,

(iv) a medically qualified representative of the Drug Treatment Centre in the health board area, and,

(v) an officer of the Health Board.’”

1. Acetorphine.

Acetyldihydrocodeine.

Acetylmethadol.

Allylprodine.

Alphacetylmethadol.

Alphameprodine.

Alphamethadol.

Alphaprodine.

Amphetamine.

Amylobarbitone

Anileridine.

Benzethidine.

Benzphetamine.

Benzylmorphine (3-benzylmorphine).

Betacetylmethadol.

Betameprodine.

Betamethadol.

Betaprodine.

Bezitramide.

Bufotenine.

Cannabinol, except where contained in cannabis or cannabis resin.

Cannabinol derivatives.

Cannabis and cannabis resin.

Chlorphentermine.

Clonitazene.

Coca leaf.

Cocaine.

Codeine.

Codoxime.

Desomorphine.

Dexamphetamine.

Dextromoramide.

Diamorphine.

Diampromide.

Diethylthiambutene.

Difenoxin.

Dihydrocodeine.

Dihydromorphine.

Dimenoxadole.

Dimepheptanol.

Dimethylthiambutene.

Dioxaphetyl butyrate.

Diphenoxylate.

Dipipanone.

Drotebanol.

Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.

Ethylmethylthiambutene.

Ethylmorphine (3-ethylmorphine).

Etonitazene.

Etorphine.

Etoxeridine.

Fentanyl.

Furethidine.

Hydrocodone.

Hydromorphinol.

Hydromorphone.

Hydroxypethidine.

Isomethadone.

Ketobemidone.

Levomethorphan.

Levomoramide.

Levophenacylmorphan.

Levorphanol.

Lysergamide.

Lysergide and other N-alkyl derivatives of lysergamide.

Mephentermine.

Mescaline.

Metazocine.

Methadone.

Methaqualone.

Methylamphetamine.

Methyldesorphine.

Methyldihydromorphine (6-methyldihydromorphine).

Methylphenidate.

Metopon.

Morpheridine.

Morphine.

Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives.

Myrophine.

Nicocodine.

Nicodicodine (6-nicotinoyldihydrocodeine).

Nicomorphine.

Noracymethadol.

Norcodeine.

Norlevorphanol.

Normethadone.

Normorphine.

Norpipanone.

Opium, whether raw, prepared or medicinal.

Oxycodone.

Oxymorphone.

Pentobarbitone.

Pethidine.

Phenadoxone.

Phenampromide.

Phenazocine.

Phendimetrazine.

Phenmetrazine.

Phenobarbitone.

Phenomorphan.

Phenoperidine.

Pholcodine.

Piminodine.

Pipradrol.

Piritramide.

Poppy straw and concentrate of poppy straw.

Proheptazine.

Properidine.

Propiram.

Psilocin.

Quinalbarbitone.

Racemethorphan.

Racemoramide.

Racemorphan.

Thebacon.

Thebaine.

Trimeperidine.

4-Cyano-2-dimethylamino-4, 4-diphenylbutane.

4-Cyano-1-methyl-4-phenylpiperidine.

N, N-Diethyltryptamine.

N, N-Dimethyltryptamine.

2, 5-Dimethoxy-a, 4-dimethyl-phenethylamine.

1-Methyl-4-phenylpiperidine-4-carboxylic acid.

2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid.

4-Phenylpiperidine-4-carboxylic acid ethyl ester.

“cannabinol derivatives” means the following substances, except where contained in cannabis or cannabis resin, namely, tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives;

“coca leaf” means the leaf of any plant of the genus Erythroxylon from whose leaves cocaine can be extracted either directly or by chemical transformation;

“concentrate of poppy straw” means the material produced when poppy straw has entered into a process for the concentration of its alkaloids;

“medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Irish Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;

“poppy straw” means all parts, except the seeds, of the opium poppy, after mowing;

“raw opium” includes powdered or granulated opium but does not include medicinal opium’.”