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GAZETTE
SEPTEMBER1984
Notes on Recent Legislation
by
Gerard F. Griffin, Solicitor
Misuse of Drugs Act 1984
T
HE Misuse of Drugs Act 1984 amends and extends
the law relating to the misuse of certain dangerous or
other harmful drugs, and is intended to facilitate easier
enforcement of the Misuse of Drugs Act 1977 ("the
Principal Act"). With the exception of Sections 3 and 4,
the Act came into force on the 3rd August 1984 and
Sections 3 and 4 came into force on the 1st October 1984.
The Act must be read in conjunction with the Principal
Act. The main thrust of the Act is the substantial increase
in penalty, both monetary and custodial, for offences
under the Principal Act.
The Act also increases the powers of the Minister for
Health in the investigation and control of medical
practitioners whom the Minister believes haye been pre-
scribing, administering or supplying a controlled drug in
an irresponsible manner. The Act substantially increases
the power of the Gardai in relation to the search and
detention of persons or premises, where the Gardai
believe an offence under the Principal Act has been
committed.
The Act also introduces a number of new sections
which are of importance to the practitioner and are
summarised below.
Section 2
introduces new, more comprehensive defini-
tions of "cannabis" and "opium poppy" and extends
considerably the definition of "cannabis" to include,
mature stalks, fibre or seed of any such plant.
Sections 3 and 4
are new sections and are in substitution
for Sections 8 and 9 of the Principal Act and substantially
increase the powers of the Minister for Health to
investigate cases where the Minister believes that a
medical, dental or veterinary practitioner is or has been
prescribing, administering, supplying or authorising the
administration or supply of any controlled drug in an
irresponsible manner.
The Minister is empowered to establish a committee of
enquiry for investigation and the Committee shall report
to the Minister on its investigation and make such recom-
mendations to the Minister as it shall see fit. Under the
Principal Act this power was vested in the registration
authority of the practitioner concerned.
The Minister is empowered to make a "special direc-
tion" prohibiting the practitioner from prescribing,
administering or supplying or authorising the adminis-
tration or supply of such controlled drugs as may be
specified in the direction.
The Minister is also empowered to make a "temporary
direction" pending the outcome of an investigation under
Section 8. Such temporary direction would remain in
force for twenty-eight days as he sees fit. The reference to
"practitioner" includes registered dentists, registered
medical practitioners, and registered veterinary surgeons.
In all cases where the Minister makes a special or
temporary direction the Minister shall notify the Dental
Board, the Medical Council or the Veterinary Council as
the case may be.
Section 5
creates new offences such as printing,
publishing, causing or procuring to be printed or
published, selling or exposing or offering or keeping for
sale, distributing or offering or keeping for distribution
any book, periodical or other publication which
advocates or encourages the use of any controlled drug or
contains any advertisement for any utensil in connection
with the use of a controlled drug.
Section 6
contains the main thrust of the Act in that it
substantially increases penalties for offences contained in
the Principal Act and is in substitution for Section 27 of
the Principal Act. The increase in monetary penalties
range from the increase of a fine of £50.00 to £300.00 for
the first offence of possession of cannabis to an increase
of a fine of £250.00 to £1,000 for a summary disposal of
possession of controlled drug for the purposes of selling
to others.
Terms of imprisonment have also been substantially
increased ranging from twelve months to imprisonment
for life. For the more serious offences this Section
empowers the Court, on conviction on indictment, to
impose a fine of such amount as the Court considers
appropriate, and this is an interesting divergence from the
normal practice of fixing maximum monetary penalties.
It clearly gives the go-ahead to the Courts to look at the
assets, means, life-styles and employment, if any, of
persons convicted before the Court on serious drug
offences and to impose heavy monetary penalties.
Section
7 introduces penalties for offences under the
Customs Acts relating to the importation of controlled
drugs and again the penalties are stiff ranging from a fine
of
£300.00
up to seven years imprisonment together with
the option to fine such amount as the Court considers
appropriate.
Section 9
empowers the Court, in cases of the importa-
tion of controlled drugs, having regard to the quantity of
the controlled drug which the person imported and such
other matters as the Court considers relevant, to presume
that the controlled drug was not intended for the
immediate personal use of the person. This is a departure
from the Principal Act which did not contain such a
presumption.
Section 10
authorises the production in evidence of
certificates signed by an officer of the Forensic Science
Laboratory containing the results of analyses of
controlled drugs and until the contrary is proved, be
evidence of any fact contained therein without proof of
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