lrc_1977_act_12

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LRC Revised Act

MISUSE OF DRUGS ACT 1977 REVISED Updated to 14 January 2026 (LRC Revised) Open official source

Number 12 of 1977

MISUSE OF DRUGS ACT 1977

REVISED

Updated to 14 January 2026

Changes to legislation

as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries

here

. Note that some amendments may not be in force until commenced by a commencement order or other provision.

This Revised Act is an administrative consolidation of the

Misuse of Drugs Act 1977

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

National Training Fund (Amendment) Act 2025

(21/2025), enacted 23 December 2025, and all statutory instruments up to and

including the

Misuse of Drugs (Amendment) Regulations 2026

(S.I. No. 9 of 2026), made 14 January 2026, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1977

MISUSE OF DRUGS ACT 1977

REVISED

Updated to 14 January 2026

ARRANGEMENT OF SECTIONS

Section

Interpretation.

Controlled drugs.

Restriction on possession of controlled drugs.

Regulations permitting possession of controlled drugs.

Regulations to prevent misuse of controlled drugs.

Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners

or pharmacists convicted of offences.

Special directions prohibiting prescribing etc. of controlled drug in certain cases.

Investigation of cases where Minister considers there are grounds for special direction.

Prohibition of prescribing etc. in cases of urgency.

10.

Investigation on initiative of Dental Board, Medical Registration Council or Veterinary

Council.

(repealed)

11.

Appeals.

12.

Regulations (committees and panels).

13.

Additional powers in relation to certain controlled drugs.

14.

Licences etc.

15.

Possession of controlled drugs for unlawful sale or supply.

15A.

Offence relating to possession of drugs with value of €13,000 or more.

15B.

Importation of controlled drugs in excess of certain value.

15C.

Supply of controlled drugs into prisons and places of detention.

16.

Prohibition of certain activities etc. relating to opium.

17.

Prohibition of cultivation of opium poppy or cannabis plant.

18.

Forged or fraudulently altered prescriptions.

19.

Occupiers etc. permitting certain activities to take place on land, vehicle or vessel

to be guilty of an offence.

20.

Offences relating to acts outside the State.

21.

Attempts etc. and miscellaneous other offences.

22.

Onus of proof.

23.

Power of Garda Síochána to search persons, vehicles, vessels or aircraft.

24.

Powers to inspect and demand production of drugs, books or documents.

25.

Power of arrest.

26.

Search warrants.

27.

Penalties.

28.

Power of court to remand persons convicted under section 3, 15, 16, 17 or 18 and to

obtain a report and in certain cases to arrange for the medical treatment or for the

care of such persons.

29.

Defences generally.

30.

Forfeiture.

31.

Offences in relation to bodies corporate.

32.

Poisons for purposes of Pharmacy Acts, 1875 to 1962.

33.

Amendment of Poisons Act, 1961.

34.

Amendment of section 2 of Pharmacy Act, 1962.

35.

Amendment of Pharmacopoeia Act, 1931.

36.

Amendment of section 65 of Health Act, 1947.

37.

Service etc. of notices.

38.

Regulations generally; laying of orders.

39.

Expenses.

40.

Collection and disposal of moneys payable under Act.

41.

Repeal of Dangerous Drugs Act, 1934, and transitional provision.

42.

Miscellaneous repeals and transitional provisions.

43.

Short title, commencement and collective citations.

SCHEDULE

Acts Referred to

Dentists Act, 1928

1928, No. 25

Pharmacy Act, 1951

1951, No. 30

Amendment Act, 1890

1890, c. 48

Medical Practitioners Act, 1927

1927, No. 25

Pharmacy Act (Ireland), 1875

1875, c. 57

Veterinary Surgeons Act, 1931

1931, No. 36

Poisons Act, 1961

1961, No. 12

Pharmacy Act, 1962

1962, No. 14

Pharmacopoeia Act, 1931

1931, No. 22

Health Act, 1947

1947, No. 28

Health Act, 1953

1953, No. 26

Health Act, 1970

1970, No. 1

Companies Act, 1963

1963, No. 33

Public Offices Fees Act, 1879

1879, c. 58

Dangerous Drugs Act, 1934

1934, No. 1

Number

1977

MISUSE OF DRUGS ACT 1977

REVISED

Updated to 14 January 2026

AN ACT TO PREVENT THE MISUSE OF CERTAIN DANGEROUS OR OTHERWISE HARMFUL DRUGS, TO ENABLE

THE MINISTER FOR HEALTH TO MAKE FOR THAT PURPOSE CERTAIN REGULATIONS IN RELATION TO

SUCH DRUGS, TO ENABLE THAT MINISTER TO PROVIDE THAT CERTAIN SUBSTANCES SHALL BE POISONS

FOR THE PURPOSES OF THE PHARMACY ACTS, 1875 TO 1962, TO AMEND THE

PHARMACOPOEIA ACT, 1931

, THE

POISONS ACT, 1961

, THE

PHARMACY ACT, 1962

, AND THE HEALTH ACTS, 1947 TO 1970, TO REPEAL THE

DANGEROUS DRUGS ACT, 1934

, AND

SECTION 78

OF THE

HEALTH ACT, 1970

, AND TO MAKE CERTAIN OTHER PROVISIONS IN RELATION TO THE FOREGOING. [16

th May

, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Functions in relation to

Misuse of Drugs Acts 1977 and 1984

transferred and specified bodies dissolved (1.01.2005) by

Health Act 2004

(42/2004), ss. 58, 59 and sch. 3 item 40, commenced as per ss. 58 and 59 on coming

into force of

Health Act 2004 (Establishment Day) Order 2004

(S.I. No. 885 of 2004).

Dissolution of health boards and other specified bodies.

58.

—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.

—(1) The functions that, immediately before the establishment day, were the functions

of a specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an

instrument made under such enactment, does not come into effect until on or after

the establishment day, a function that on the passing of that enactment or the making

of that instrument was assigned under or in connection with that provision to a specified

body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified

in any enactment referred to in Schedule 3 as a function of the following

(

) the chief

executive officer of a health board;

(

) the Regional

Chief Executive of the Eastern Regional Health Authority;

(

) the area chief

executive of an Area Health Board.

...

SCHEDULE

THREE

Transfer of Functions

and References to Functional Areas

Section 59 and 67.

...

40.

—Misuse of Drugs Acts 1977 and 1984.

...

Application of

Misuse of Drugs Acts 1977 and 1984

extended (15.06.2000) by

Customs-free Airport (Extension of Laws) Regulations 2000

(S.I. No. 169 of 2000), reg. 2.

2. The provisions of the Misuse of Drugs Acts 1977 and 1984 (Nos. 12 and 18 of 1977

and 1984 respectively), together with all Orders and Regulations made thereunder and

for the time being in force, are hereby extended to the Customs-free Airport at Shannon.

Application of collectively cited

Health Acts

restricted (7.05.1986) by

Health (Amendment) Act 1986

(10/1986), s. 2(1), commenced on enactment. Note: references to health board to be

read as references to the Health Service Executive as provided (1.01.2005) by

Health Act 2004

(42/2004), s. 66, S.I. No. 887 of 2004.

Charges by health boards for provision of in-patient services and out-patient services

in respect of certain injuries caused by mechanically propelled vehicles.

—(1) Where—

(

) injury is

caused to a person by the negligent use of a mechanically propelled vehicle in a

public place, and

(

) in-patient

services or out-patient services have been, are being or will be provided by or on

behalf of a health board in respect of the injury, and

(

) any one of the

following, that is to say, the person aforesaid, his personal representative or

dependant, has received, or is entitled to receive damages or compensation in

respect of the negligent use aforesaid from the person liable to pay such damages

or compensation in respect of that injury, or any loss, damage or expense (or

mental distress in the case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985,

make a charge upon the person who received or is entitled to receive such damages

or compensation in respect of the said in-patient services or out-patient services.

...

Editorial Notes

Power of Garda Síochána to enter supervised injecting facilities for prevention or detection of offences

under collectively cited

Misuse of Drugs Acts 1977 to 2016

prescribed (30.11.2017) by

Misuse of Drugs (Supervised Injecting Facilities) Act 2017

(7/2017), s. 11, S.I. No. 517 of 2017.

Certain offences under Act designated as extended confiscation offences by

Criminal Justice Act 1994

(15/1994), s. 3 and sch. 1A part 2, as amended (28.11.2017) by

European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime)

Regulations 2017

(S.I. No. 540 of 2017), reg. 3.

Offence under Act (other than a first offence under s. 3) designated an excluded

offence by

National Vetting Bureau (Children and Vulnerable Persons) Act 2012

(47/2012), s. 14A and sch. 3 item 16, as inserted (29.04.2016) by

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 29, S.I. No. 215 of 2016.

Procedure for complaints in relation to irregularities in the custody, prescription

or supply of a controlled drug under collectively cited

Misuse of Drugs Acts

prescribed (2.10.2012) by

Nurses and Midwives Act 2011

(41/2011), s. 55, S.I. No. 385 of 2012. Section amended by

Health Identifiers Act 2014

(15/2014), s. 39, not commenced as of date of revision.

Procedure for complaints in relation to registered retail pharmacy businesses, where

certain persons have been convicted of an offence under

Misuse of Drugs Acts 1977 to 2006

Poisons Acts 1961 and 1977

prescribed (1.08.2009) by

Pharmacy Act 2007

(20/2007), s. 36(1)(a), S.I. No. 281 of 2009.

Provision for external forfeiture orders in relation to offences under the Act made

(15.11.1996) by

Criminal Justice Act 1994

(15/1994), s. 47(5)(a), S.I. No. 333 of 1996.

Evidential status of certificates purporting to be signed by an officer of Forensic

Science Ireland in proceedings for offences under the Act designated (3.08.1984) by

Misuse of Drugs Act 1984

(18/1984), s. 10, S.I. No. 205 of 1984, as substituted (20.11.2015) by

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

(11/2014), s. 170, S.I. No. 508 of 2015.

An Post empowered to bring summary prosecutions for offences under Act in relation

to any of its functions (13.07.1983) by

Postal and Telecommunications Services Act 1983

(24/1983), s. 5(4)(f), commenced on enactment.

Previous affecting provision: application of collectively cited

Health Acts 1947 to 2004

restricted by

Health Act 1970

(1/1970), s. 53, as amended (11.03.2005) by

Health (Amendment) Act 2005

(3/2005), s. 4(a), commenced on enactment, subject to exceptions in subs. (3) as

inserted by 3/2005, s. 4(b); repealed (1.01.2017) by

Health (Amendment) Act 2013

(31/2013), s. 10, S.I. No. 466 of 2016.

E10

Previous affecting provision: power of examination, seizure and detention in relation

to potential evidence regarding suspected offences under

Misuse of Drugs Acts 1977 to 2007

prescribed (11.05.1988) by

Customs and Excise (Miscellaneous Provisions) Act 1988

(10/1988), s. 2(1)(iii), commenced on enactment, as amended (23.08.2010) by

Criminal Justice (Psychoactive Substances) Act 2010

(22/2010), s. 22, S.I. No. 401 of 2010; 1988 Act repealed (31.12.2016) by

Customs Act 2015

(18/2015), s. 3(1) and sch. 1 part 1 item 44, S.I. No. 611 of 2016.

E11

Previous affecting provision: power to obtain search warrants in relation to potential

evidence regarding suspected offences under

Misuse of Drugs Acts 1977 and 1984

prescribed (11.05.1988) by

Customs and Excise (Miscellaneous Provisions) Act 1988

(10/1988), s. 3(3), commenced on enactment; 1988 Act repealed (31.12.2016) by

Customs Act 2015

(18/2015), s. 3(1) and sch. 1 part 1 item 44, S.I. No. 611 of 2016.

E12

Previous affecting provision: restriction on certain persons providing pharmaceutical

services under

Pharmacy Acts 1875 to 1977

Misuse of Drugs Acts 1977 and 1984

Poisons Acts 1961 and 1977

imposed by

Pharmacy Act (Ireland) 1875

(1875, c. 57), s. 22A(4)(ii), as inserted (30.09.1987) by

European Communities (Recognition of Qualifications in Pharmacy) Regulations 1987

(S.I. No. 239 of 1987), reg. 3(b), in effect as per reg. 9; repealed (29.11.2008)

Pharmacy Act 2007

(20/2007), s. 4 and sch. 4, S.I. No. 487 of 2008.

E13

Previous affecting provision: certain nationals of EU member states deemed to be

registered dentists for the purposes of the Act (1.04.1980) by

European Communities (Recognition of Dental Qualifications) Regulations 1980

(S.I. No. 90 of 1980), reg. 12(a)(ii), in effect as per reg. 2; revoked (14.07.2008)

Recognition of Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations

2008

(S.I. No. 263 of 2008), reg. 15, in effect as per reg. 1(2).