S.I. No. 99/1970:

HEALTH (POSSESSION OF CONTROLLED SUBSTANCES) REGULATIONS, 1970.

HEALTH (POSSESSION OF CONTROLLED SUBSTANCES) REGULATIONS, 1970.

The Minister for Health, in exercise of the powers conferred on him by Section 78 of the Health Act, 1970 (No. 1 of 1970) hereby makes the following Regulations:--

1. These Regulations may be cited as the Health (Possession of Controlled Subsances) Regulaions, 1970.

2. These Regulaions shall come into operation on the 18th day of May, 1970.

3. (1) In these Regulations--

"the Minister" means the Minister for Health;

"controlled substance" means a substance specified in the Schedule to these Regulations.

(2) For the purpose of these Regulations, a substance shall be in the possession of a person if--

(a) it is in his custody, or

(b) it is in the custody of another who is under his control or acting for him or on his behalf, or

(c) he knowingly has it or permits or suffers it to be in or on any land, water, premises, vehicle or vessel whether belonging to or occupied by him or not.

4. A person shall not have in his possession a controlled substance except in circumstances such that article 5 or article 6 of these Regulations applies.

5. A person may have in his possession a controlled substance if he is a person of any of the following classes and the substance is in his possession for the purpose of his acting for the time being in his capacity as a person of such a class:--

(a) registered medical practitioners,

(b) registered dentists,

(c) registered veterinary surgeons,

(d) registered pharmaceutical chemists,

(e) registered dispensing chemists and druggists,

(f) registered druggists,

(g) licentiates of the Apothecaries Hall, Dublin,

(h) persons who are analysts appointed or designated as such by a health authority for its area,

(i) persons for the time being in charge of a laboratory and engaged in recognised medical, pharmaceutical, dental or veterinary education, research or analysis,

(j) persons acting in accordance with the directions of a person of a class specified at (a) to (i) of this article, where such directions are given while the latter is acting in his capacity as a person of the class specified,

(k) officers of health authorities authorised to take samples of drugs for the purpose of analysis,

(l) inspectors of the Pharmaceutical Society of Ireland,

(m) officers of the Minister,

(n) persons for the time being appointed by the person in charge of a hospital, clinic or other institution or establishment where medical, surgical, dental or veterinary treatment is given, to have charge of medicines and drugs kept there for the purpose of administration to persons in the course of treatment by a registered medical practitioner or a registered dentist or to animals by a registered veterinary surgeon,

(o) members of the Garda Síochána,

(p) officers of Customs and Excise,

(q) carriers of goods and persons for the time being employed by a carrier of goods for the purpose of his business as such carrier,

(r) persons carrying out duties in connection with mail containing a controlled substance during the course of its transmission by post,

(s) owners or persons in charge of ships or aircraft who are required to be in possession of a controlled substance for the purpose of complying with statutory requirements relating to the supplies of medicines and medical stores to be kept on board a ship or aircraft,

(t) persons registered in a register kept by the Minister for the purpose of these Regulations as manufacturers of or dealers in bulk in a controlled substance and persons who are employees or agents for the purpose of such a manufacturer's or dealer's business as manufacturer of or dealer in a controlled substance.

6. A person may have in his possession a controlled substance for--

(a) his treatment or the treatment of a person under his care in accordance with a prescription or order of a registered medical practitioner or a registered dentist,

(b) the treatment of an animal under his care in accordance with a prescription or order of a registered veterinary surgeon.

7. Where a person is charged with a contravention of these Regulations, it shall be a defence to prove that--

(a) he did not know and had no reasonable grounds for suspecting that the substance which he had in his possession was a controlled substance, or

(b) he did not know and had no reasonable grounds for suspecting that he had in his possession a controlled substance, or

(c) he had taken possession of the substance, knowing or suspecting it to be a controlled substance, for the purpose of--

(i) delivering it to a person lawfully enitled to have a controlled substance in his possession, or

(ii) preventing contravention of these Regulations by another person,

and that he did everything reasonably possible to deliver the substance without delay to a person lawfully enitled to have a controlled substance in his possession,

(d) in respect of a contravention alleged to have occurred prior to 1st July, 1970, he had reasonable grounds to believe that he would, on the establishment of the appropriate register, be entitled to be in possession of a controlled substance under the terms of paragraph (t) of article 5 of these Regulations.

SCHEDULE.

1. Barbituric acid; its salts; derivatives of barbituric acid; their salts; compounds of barbituric acid (including its salts and derivatives and salts of its derivatives) with any substance.

2. Amphetamine

Benzphetamine

Dexamphetamine

Lysergamide

Lysergide and other N-alkyl derivatives of Lysergamide

Methaqualone

Methamphetamine

Methylphenidate

Mescaline

N,N-Diethyltryptamine

N,N-Dimethyltryptamine

2,5-Dimethoxy-4, a-dimethylphenethylamine

Phendimetrazine

Phenmetrazine

Pipradrol

Psilocin

Psilocybin

3. Any stereo isomeric form of a substance for the time being specified in paragraph 2 above.

4. Any salt of a substance for the time being specified in any of paragraphs 2 and 3 above or any salt of such derivative.

5. Any substance containing any proportion of any of the substances for the time being specified in paragraphs 1 to 4 above.

GIVEN under the Official Seal of the Minister for Health this

11th day of May, 1970.

ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

The Regulations make it an offence for a person to be in possession of a substance scheduled in the Regulations, except in specified circumstances.

Under Article 5 persons such as medical practitioners, dentists, veterinary surgeons, pharmaceutical chemists, etc., are permitted to have possession of these substances which they would require for the purposes of their profession or employment. This Article also provides for the registration of manufacturers and dealers in bulk as persons entitled to possess the substances.

Article 6 provides exemption for a person who receives a substance on prescription from a medical practitioner, dentist or veterinary surgeon for his own treatment or the treatment of another person or for an animal in his care.

Article 7 provides a defence for a person charged with a contravention of the Regulations where he had possession of the substance in certain circumstances, for example, for the purpose of preventing another person contravening the Regulations or of handing over the substance to a person lawfully entitled to have it in his possession.