S.I. No. 99/1970 - Health (Possession of Controlled Substances) Regulations, 1970.

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.

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.

S.I. No. 99 of 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:—