The Misuse of Drugs Act 1977,Misuse of Drugs Act 1977 Irish Statute Book. the Misuse of Drugs Act 1984, Misuse of Drugs Act 2015 Misuse of Drugs Act 1984 Irish Statute Book. and the Criminal Justice (Psychoactive Substances) Act 2010Criminal Justice (Psychoactive Substances) Act 2010 Irish Statute Book. 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, section 2(2) of the 1977 act was declared in violation of the Irish constitution by the Court of Appeal over concerns about the separation of powers. Specifically, the court held that the government could not engage in policy making to define what drugs are "dangerous, harmful" or what constitutes "misuse" as this was the exclusive right of the Oireachtas. As a result of this ruling, many drugs in Ireland immediately became legal, including ecstasy, ketamine, and crystal meth. The situation lasted 24 hours before emergency legislation closing the loophole could take effect. In 2016, this decision was overturned again by the Irish Supreme Court in Bederev v Ireland.

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) 3,4-Methylenedioxymethamphetamine (MDMA, ecstasy, molly) 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

Acetorphine Acetylmethadol Alfentanil Allylprodine Alphacetylmethadol (i.e. levacetylmethadol) Alphameprodine Alphamethadol Alphaprodine Anileridine Benzethidine Benzylmorphine (3-benzylmorphine) Betacetylmethadol Betameprodine Betamethadol Betaprodine Bezitramide Carfentanil Clonitazene Cocaine Codoxime Desomorphine Dextromoramide Diampromide Diethylthiambutene Difenoxin Dihydroetorphine (added by 2010 Regulations) Dihydromorphine Dimenoxadole (presumably Dimenoxadol) Dimepheptanol Dimethylthiambutene Dioxaphetyl butyrate Diphenoxylate Dipipanone Drotebanol Ecgonine (and any derivative of ecgonine which is convertible to ecgonine or to cocaine) Ethylmethylthiambutene Etonitazene Etorphine Etoxeridine Fentanyl Furethidine Heroin Hydrocodone Hydromorphinol Hydromorphone Hydroxypethidine Isomethadone Ketobemidone Levomethorphan Levomoramide Levophenacylmorphan Levorphanol Lofentanil Medicinal opium Metazocine Methadone Methyldesorphine Methyldihydromorphine (6-methyldihydromorphine) Methylphenidate Metopon Morpheridine Morphine Morphine methobromide (morphine N-oxide and other pentavalent nitrogen morphine derivatives) Myrophine Nabilone Nicomorphine Noracymethadol Norlevorphanol Normethadone Normorphine Norpipanone Oripavine (added by 2010 Regulations) Oxycodone Oxymorphone Pethidine Phenadoxone Phenampromide Phenazocine Phencyclidine Phenomorphan Phenoperidine Piminodine Piritramide Proheptazine Properidine Racemethorphan Racemoramide Racemorphan Remifentanil (added by 2010 Regulations) Sufentanil Tapentadol (added by 2010 Regulations) Thebacon Thebaine Tilidine Trimeperidine 4-Cyano-2-dimethylamino-4,4-diphenylbutane 4-Cyano-1-methyl-4-phenylpiperidine 2-Methyl-3-morpholino-1,1-diphenylpropanecarboxylic acid 1-Methyl-4-phenylpiperidine-4-carboxylic acid 1-Phenylcyclohexylamine 4-Phenylpiperidine-4-carboxylic acid ethyl ester 4-(1-Phenylcyclohexyl)morpholine 1-Piperidinocyclohexanecarbonitrile 1-(1-(2-Thienyl)cyclohexyl)pyrrolidine 4-(1-(-2-Thienyl)cyclohexyl)morpholine

Substances

Acetyldihydrocodeine Amineptine (added by 2010 Regulations) Amphetamine Amphetaminil (added by 2010 Regulations) Benzphetamine Buprenorphine Butorphanol Codeine Dexamphetamine Dextropropoxyphene Dihydrocodeine Ethylmorphine (3-ethylmorphine) Fenethylline Glutethimide Lefetamine Mecloqualone Methaqualone Methylamphetamine Methylphenidate Nalbuphine Nicocodine Nicodicodine (6-nicotinoyldihydrocodeine) Norcodeine Phendimetrazine Phenmetrazine Pholcodine Propiram Quinalbarbitone N-Ethylamphetamine Zipeprol (added by 2010 Regulations)

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

Cathine 1-(3-Chlorophenyl)-4-(3-chloropropyl)piperazine (i.e. CCP, added by 2010 Regulations) 1-(3-Chlorophenyl)piperazine (i.e. mCPP, added by 2010 Regulations) Chlorphentermine Diethylpropion Ethchlorvnol (presumably Ethchlorvynol) Ethinamate Flunitrazepam (moved up from Schedule 4 by 1993 Regulations) 4-Hydroxybutanoic acid (added by 1993 Regulations) Ketamine (added by 2010 Regulations) Mazindol Mephentermine Meprobamate Methyprylone Pemoline Pentazocine Phentermine Pipradrol Temazepam (moved up from Schedule 4 by 1993 Regulations)

Schedule 4 Controlled medicinal products (and certain derivatives thereof).

Substances

Alprazolam Aminorex (added by 2010 Regulations) Bromazepam Brotizolam (added by 2010 Regulations) Camazepam Chlordiazepoxide Clobazam Clonazepam Clorazepic Acid Clotiazepam Cloxazolam Delorazepam Diazepam Estazolam Ethyl loflazepate Fencamfamin Fenproporex Fludiazepam Flurazepam Halazepam Haloxazolam Ketazolam Loprazolam Lorazepam Lormetazepam Medazepam Mefenorex Mesocarb (added by 2010 Regulations) Midazolam (added by 1993 Regulations) Nimetazepam Nitrazepam Nordazepam Oxazepam Oxazolam Pinazepam Prazepam Propylhexedrine Pyrovalerone Selegiline (moved down from Schedule 2 by 1993 Regulations) Tetrazepam Triazolam Zolpidem (added by 2010 Regulations)

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.

References