S.I. No. 69/1998:

MISUSE OF DRUGS (DESIGNATION) ORDER, 1998.

MISUSE OF DRUGS (DESIGNATION) ORDER, 1998.

The Minister for Health and Children, being of the opinion that it is in the public interest for the manufacture, production, preparation, sale, supply, distribution and possession of the drugs specified in the Schedule 1 hereto to be unlawful except for the purposes specified in Schedule 2 hereto and for it to be unlawful for any person who is either a practitioner or a pharmacist to have in his possession or to do in relation to the drugs specified in the said Schedule 1, any of the things mentioned in section 5 (2) of the Misuse of Drugs Act, 1977 (No. 12 of 1977) except under a licence or other authority issued by the said Minister, in exercise of the powers conferred on him by section 13 of the said Act, as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 ), hereby orders as follows:

1. This Order may be cited as the Misuse of Drugs (Designation) Order, 1998.

2. In this Order "practitioner" and "pharmacist" have the meanings assigned to them under the Misuse of Drugs Act, 1977 .

3. The Misuse of Drugs (Designation) Order, 1993 ( S.I. No. 340 of 1993 ) is hereby revoked.

4. The drugs specified in Schedule 1 hereto are hereby designated as drugs to which subsection (1) of section 13 of the Misuse of Drugs Act, 1977 , applies.

SCHEDULE 1

1. The following substances and products, namely:--

(a) Bufotenine.

Cannabinol, except where contained in cannabis or cannabis resin.

Cannabinol derivatives.

Cannabis and cannabis resin.

Cathinone.

Coca leaf.

Concentrate of poppy-straw.

Eticyclidine.

N-Hydroxy-tenamphetamine.

Khat (being the leaves of Catha edulis (Celastraceae)).

Lysergamide.

Lysergide and other N-alkyl derivatives of lysergamide.

Mescaline.

4-Methylaminorex.

Psilocin.

Raw opium.

Rolicyclidine.

Tenocyclidine.

N, N-Diethyltryptamine.

N, N-Dimethyltryptamine.

N - (1 - Benzyl - 4 - piperidyl) propionanilide.

N - [1 - (2 - Thenyl) - 4 - piperidyl]propionanilide.

2, 5 - Dimethoxy -α, 4 - dimethylphenethylamine.

(b) any substance (not being a substance specified in sub-paragraph (a) above) structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituent;

(c) any substance (not being methoxyphenamine or a substance specified in sub-paragraph (a) above) structurally derived from phenethylamine, an N-alkylphenethylamine, α-methylaphenethylamine, an N-alkyl-α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents;

(d) any substance (not being a substance specified in Schedule 2 to the Misuse of Drugs Regulations, 1988 ( S.I. No. 328 of 1988 )) structurally derived from fentanyl by modification in one or more of the following ways--

(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;

(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;

(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;

(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;

(v) by substitution at the 4 - position of the piperidine ring with any alkoxycarbonyl or alkoxy-alkyl or acyloxy group;

(vi) by replacement of the N-propionyl group by another acyl group;

(e) any substance (not being a substance specified in Schedule 2 to the Misuse of Drugs Regulations, 1988) structurally derived from pethidine by modification in one or more of the following ways--

(i) by replacement of the 1 - methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;

(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;

(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;

(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;

(v) by formation of an N-oxide or a quarternary base.

2. Any stereoisomeric form of a substance specified in paragraph 1.

3. Any ester or ether of a substance specified in paragraph 1 or 2.

4. Any salt of a substance specified in any of paragraphs 1, 2 or 3.

5. Any preparation or other product containing any proportion of a substance or product specified in any of paragraphs 1, 2, 3 or 4.

SCHEDULE 2

The following purposes, namely:--

(a) research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process;

(b) the growing of hemp from seed varieties specified, by the commission of the European Communities, as being eligible for the purposes of Article 4.1 of Council Regulation (EEC) No. 1308/70 (OJ No. L 146, 4.7.70, p1) (as amended);

subject to such licensing provisions under the Misuse of Drugs Acts, 1977 and 1984 and the Regulations made thereunder as are applicable.

GIVEN under the Official Seal of the Minister for Health and Children, this 20th day of March, 1998.

BRIAN COWEN,

Minister for Health and Children

EXPLANATORY NOTE.

Sections 4 (2) and 5 (2) of the Misuse of Drugs Act, 1977 , require provision to be made in Regulations to allow the use for medical purposes of the drugs specified in the Schedule to the Act.

That obligation is removed, however, in the case of any such drug which is designated by order under section 13 of the Act as a drug to which that section is to apply. This Order designates for that purpose the drugs specified in the Schedule to the Order since it would not be in the public interest that they should be so available.

The drugs in question are not normally used for medical purposes e.g. mescaline, cannabis, psilocin, lysergide etc.