(LRC Revised)

Number 22 of 2010

CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Criminal Justice (Psychoactive Substances) Act 2010

. 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

Electoral (Amendment) Act 2023

(40/2023),

enacted 19 December 2023, and all statutory instruments up to and including the

Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023

(Commencement) Order 2023

(S.I. No. 669 of 2023), made 20 December 2023, 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

to

revisedacts@lawreform.ie.

Number

22

of

2010

CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Exclusions from application of Act.

3. Prohibition of sale, etc. of psychoactive substances.

4. Prohibition of sale of certain objects.

5. Prohibition of advertising of psychoactive substances, etc.

6. Sale, etc. of psychoactive substances permitted in certain circumstances.

7. Prohibition notice.

8. Prohibition order.

9. Variation of prohibition orders.

10. Closure order.

11. Variation or discharge of closure orders.

12. Powers of Garda Síochána to enter and search, etc.

13. Power of Garda Síochána to search persons, vehicles, etc.

14. Powers of officers of Customs and Excise.

15. Obstruction.

16. Taking of samples.

17. Laboratories.

18. Provisions relating to evidence in proceedings under Act.

19. Disposal of things seized.

20. Offences.

21. Jurisdiction.

22. Amendment of Customs and Excise (Miscellaneous Provisions) Act 1988.

23. Amendment of Bail Act 1997.

24. Expenses.

25. Regulations and orders.

26. Short title and commencement.

Acts Referred to

Animal Remedies Act 1993

1993, No. 23

Bail Act 1997

1997, No. 16

Criminal Justice Act 1951

1951, No. 2

Customs and Excise (Miscellaneous Provisions) Act 1988

1988, No. 10

Dentists Act 1985

1985, No. 9

Food Safety Authority of Ireland Act 1998

1998, No. 29

Irish Medicines Board Act 1995

1995, No. 29

Licensing Act 1872

35 & 36 Vic. c. 94

Medical Practitioners Act 2007

2007, No. 25

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Acts 1977 and 1984

Misuse of Drugs Acts 1977 to 2007

Nurses Act 1985

1985, No. 18

Pharmacy Act 2007

2007, No. 20

Police (Property) Act 1897

60 & 61 Vic. c. 30

Public Health (Tobacco) Act 2002

2002, No. 6

Number

22

of

2010

CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010

REVISED

Updated to 22 December 2023

AN ACT TO PREVENT THE MISUSE OF

DANGEROUS OR OTHERWISE HARMFUL PSYCHOACTIVE SUBSTANCES; TO PROVIDE FOR OFFENCES RELATING

TO

THE SALE, IMPORTATION, EXPORTATION OR ADVERTISEMENT OF THOSE SUBSTANCES; TO PROVIDE

FOR

OFFENCES RELATING TO THE SALE AND ADVERTISEMENT OF CERTAIN OBJECTS FOR USE IN THE

CULTIVATION OF CERTAIN PLANTS IN CONTRAVENTION OF THE MISUSE OF DRUGS ACT 1977; TO

PROVIDE

FOR POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF THOSE

OFFENCES; TO MAKE PROVISION IN RELATION TO THE ISSUING OF PROHIBITION NOTICES BY CERTAIN

MEMBERS OF THE GARDA SÍOCHÁNA TO CERTAIN PERSONS IN RELATION TO ACTIVITIES

THAT ARE PROHIBITED; TO PROVIDE FOR THE MAKING BY THE DISTRICT COURT OF PROHIBITION

ORDERS

AND CLOSURE ORDERS IN CERTAIN CIRCUMSTANCES; TO AMEND THE CUSTOMS AND EXCISE (MISCELLANOUS

PROVISIONS) ACT 1988; AND TO PROVIDE FOR RELATED MATTERS.

[14

th July

, 2010]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Exclusions from application of Act.

3. Prohibition of sale, etc. of psychoactive substances.

4. Prohibition of sale of certain objects.

5. Prohibition of advertising of psychoactive substances, etc.

6. Sale, etc. of psychoactive substances permitted in certain circumstances.

7. Prohibition notice.

8. Prohibition order.

9. Variation of prohibition orders.

10. Closure order.

11. Variation or discharge of closure orders.

12. Powers of Garda Síochána to enter and search, etc.

13. Power of Garda Síochána to search persons, vehicles, etc.

14. Powers of officers of Customs and Excise.

15. Obstruction.

16. Taking of samples.

17. Laboratories.

18. Provisions relating to evidence in proceedings under Act.

19. Disposal of things seized.

20. Offences.

21. Jurisdiction.

22. Amendment of Customs and Excise (Miscellaneous Provisions) Act 1988.

23. Amendment of Bail Act 1997.

24. Expenses.

25. Regulations and orders.

26. Short title and commencement.

Number

22

of

2010