The Gazette 1984

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 !237