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1 1934

DANGEROUS DRUGS ACT, 1934

PART IV.

Morphine, Cocaine and Certain Other Drugs.

Drugs to which Part IV applies.

17. —(1) Subject to the provisions of this section, this Part of this Act applies to the following drugs, that is to say:—

(a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances which are, by virtue of paragraph (g) or paragraph (h) of this sub-section, drugs to which this Part of this Act applies;

(j) such other drugs as may be declared by order of the Executive Council made under this section to be drugs to which this Part of this Act applies.

(2) If it appears to the Executive Council that any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely, if improperly used, to be productive of ill-effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine, or is capable of being converted into a substance which is, or is likely, if improperly used, to be productive of such ill-effects, the Executive Council may by order under this sub-section declare that such new derivative, alkaloid, or other drug shall be a drug to which this Part of this Act applies.

(3) If it appears to the Executive Council that a finding with respect to any preparation containing any drug to which this Part of this Act applies has in pursuance of Article 8 of the Geneva Convention, 1925, been communicated by the Council of the League of Nations to the parties to the said Convention, the Executive Council may by order under this sub-section declare that as from such date as may be specified in such order such preparation shall cease to be a drug to which this Part of this Act applies, and whenever any such order is made in relation to any such preparation, such preparation shall, so long as such order is in force, not be a drug to which this Part of this Act applies.

(4) The Executive Council may revoke an order previously made under sub-section (2) or sub-section (3) of this section.

(5) For the purposes of this section the following provisions shall have effect, that is to say:—

(a) the word “ecgonine” means lævo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially;

(b) the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine;

(c) percentages in the case of liquid preparation shall, unless other provision in that behalf is made by regulations made by the Minister under this Act, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, ifsolid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

Restriction on importation of drugs to which Part IV applies.

18. —(1) It shall not be lawful for any person to import into Saorstát Eireann any drug to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an import permit) granted by the Minister under this section authorising him to import such drug, and

(b) such drug does not exceed in quantity the amount specified in such permit, and

(c) such drug is imported from the country specified in such permit, and

(d) such drug is imported through the port or place in Saorstát Eireann specified in such permit, and

(e) such drug is imported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person an import permit to import any drug to which this Part of this Act applies.

(3) Every import permit in respect of a drug to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to import into Saorstát Eireann from the country, through the port or place in Saorstát Eireann, and within the time, specified in such permit, the amount, specified in such permit, of such drug, but subject to such conditions (if any) as the Minister shall think proper to attach to such permit and shall specify therein.

(4) There shall be paid to the Minister in respect of every import permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person imports into Saorstát Eireann any drug to which this Part of this Act applies in contravention of this section such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Restriction on export of drugs to which Part IV applies.

19. —(1) It shall not be lawful for any person to export from Saorstát Eireann any drug to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an export permit) authorising such person to export such drug, and

(b) such drug does not exceed in quantity the amount specified in such permit, and

(c) such drug is consigned to the country specified in such permit, and

(d) such drug is exported from the port or place specified in such permit, and

(e) such drug is exported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person, who complies with the prescribed conditions, an export permit to export any drug to which this Part of this Act applies.

(3) Every export permit in respect of a drug to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to export from the port or place in Saorstát Eireann to the country, and within the time, specified in such permit, the amount, specified in such permit, of such drug, but subject to such conditions (if any) as the Minister may think fit to attach to such permit and may specify therein.

(4) There shall be paid to the Minister in respect of every export permit such fee as the Minister, with the consent of the Minister for Finance shall fix.

(5) If any person exports any drug to which this Part of this Act applies in contravention of this section, or brings any such drug to a quay or other place for the purpose of being exported in contravention of this section or of being waterborne to be so exported, such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Control of manufacture and sale of drugs to which Part IV applies.

20. —(1) For the purpose of preventing the improper use of drugs to which this Part of this Act applies, the Minister may by order make regulations under this section for controlling or restricting the manufacture, sale possession and distribution of such drugs, and in particular, but without prejudice to the generality of the foregoing power for—

(a) prohibiting the manufacture of any such drugs except on premises licensed for the purpose and subject to any conditions specified in the licence; and

(b) prohibiting the manufacture, sale, or distribution of any such drug except by persons licensed or otherwise authorised under such regulations and subject to any conditions specified in the licence or authority; and

(c) regulating the issue by registered medical practitioners of prescriptions containing any such drug and the dispensing of any such prescription; and

(d) requiring persons engaged in the manufacture, sale, or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed by such regulations.

(2) The regulations under this section shall provide for authorising any pharmaceutical chemist, chemist and druggist, or registered druggist lawfully keeping open shop for the sale of poisons—

(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any drug to which this Part of this Act applies, or

(b) to carry on at the shop the business of retailing, dispensing or compounding any such drug,

subject to the power of the Minister to withdraw the authorisation in the case of a person convicted of an offence under this Act.

(3) Nothing in any regulations made under this section shall be taken to authorise any person to keep open shop for the retailing of poisons who is not entitled to do so under the Pharmacy Act (Ireland), 1875, as amended by the Pharmacy Act, (Ireland), 1875, Amendment Act, 1890, or to authorise a chemist and druggist or a registered druggist to compound any medical prescription.

(4) For the purpose of this section the Minister may grant licences and authorities for such periods and on such terms and subject to such conditions as he may think proper.

(5) There shall be paid to the Minister on the grant of every licence under this section such fee as the Minister, with the consent of the Minister for Finance, may fix.

(6) Every person—

(a) who acts in contravention of, or fails to comply with, any regulation under this section; or

(b) who acts in contravention of, or fails to comply with, the conditions of any licence or authority granted under or in pursuance of this section;

shall be guilty of an offence under this Act and shall be punishable accordingly.