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2017_si_175 IE

S.I. No. 175/2017 - Misuse of Drugs (Exemption) Order 2017.

12 Articles / Provisions · Ireland
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Table of Provisions (12)

Statutory Text (12 Articles)

ISB SI

1. (a) Any preparation of one or more of the substances to which this paragraph applies (not being a preparation designed for administration by injection) when compounded with one or more other ingredients and which contains a total of not more than 100 milligrams of the substance or substances (calculated as base) per dosage unit and which in the case of an undivided preparation has a total concentation of not more than 2.5 per cent of the substance or substances (calculated as base).

(b) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, ethylmorphine (3-ethylmorphine), nicocodine, nicodicodine (6-nicotinoyldihydrocodeine), norcodeine, pholcodine and their respective salts.

ISB SI

2. Any preparation of dihydrocodeine (not being a preparation designed for administration by injection) containing, per dosage unit, not more than 10 milligrams of dihydrocodeine (calculated as base) and which in the case of an undivided preparation has a concentration of not more than 1.5 per cent of dihydrocodeine (calculated as base).

ISB SI

3. Any preparation of cocaine containing not more than 0.1 per cent of cocaine (calculated as cocaine base), being a preparation which is compounded with one or more other ingredients in such a way that the cocaine cannot be readily recovered.

ISB SI

4. Any preparation of medicinal opium or of morphine, (not being a preparation designed for administration by injection), containing, in either case, not more than 0.2 per cent of morphine (calculated as anhydrous morphine base), being a preparation which is compounded with one or more other ingredients in such a way that the opium or morphine cannot be readily recovered.

ISB SI

5. Any preparation of dextropropoxyphene, being a preparation designed for oral administration, containing not more than 135 milligrams of dextropropoxyphene (calculated as base) per dosage unit or with a total concentration of not more than 2.5 per cent, (calculated as base) in undivided preparations.

ISB SI

6. Any preparation of difenoxin containing, per dosage unit, not more than 0.5 milligrams of difenoxin and a quantity of atropine sulphate equivalent to at least 5 per cent of the dose of difenoxin.

ISB SI

7. Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrams of diphenoxylate (calculated as base), and a quantity of atropine sulphate equivalent to at least 1 per cent of the dose of diphenoxylate.

ISB SI

8. Any preparation of propiram containing, per dosage unit, not more than 100 milligrams of propiram (calculated as base) and which is compounded with at least the same amount, by weight, of methylcellulose.

ISB SI

9. Any powder of ipecacuanha and opium comprising 10 per cent powdered opium, 10 per cent powdered ipecacuanha root, both well mixed with the remaining 80 per cent consisting of any other powdered ingredient which contains no controlled drug.

ISB SI

10. Any mixture containing one or more of the preparations specified in this Part of this Schedule, being a mixture of which none of the other ingredients is a controlled drug.

ISB SI

11. Poppy straw.

GIVEN under my Hand,

2 May 2017.

CATHERINE BYRNE,

Minister of State at the Department of Health.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The effect of this Order is to exempt from the provisions of section 3 (which prohibits the possession of controlled drugs) of the

Misuse of Drugs Act, 1977

as amended, the medicinal products, animal remedies and preparations specified in the Schedule. They are essentially preparations in which there are only small quantities of controlled drugs. In addition the order exempts from the provisions of section 3 any fungus containing any proportion of Psilocin, or of an ester of Psilocin, where that fungus is growing uncultivated and any plants containing Salvinorin A, Mitragynine or 7-Hydroxymitragynine where such plants are growing uncultivated.

1 OJ No. L 311, 28.11.2001, p. 67.

ISB SI

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th May

, 2017.

I, CATHERINE BYRNE, Minister of State at the Department of Health, in exercise of the powers conferred on me by

section 3

of the

Misuse of Drugs Act 1977

(No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 3) Order 2016 (

S.I. No. 511 of 2016

), hereby order as follows

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