HEALTH SERVICES
President signs drug legislation
March 12, 2015
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Emergency legislation banning the possession of certain drugs, including ecstasy, has been signed into law by President Michael D. Higgins.
The legislation was brought forward by Health Minister, Leo Varadkar, earlier this week after the Court of Criminal Appeal ruled that a law banning the possession of over 100 drugs, including ecstasy and so-called head shop drugs, was unconstitutional.
The ruling related to the Misuse of Drugs Act 1977, and specifically the powers of the Government to control substances which are harmful to health under section 2 of the Act.
It came about after a man challenged his 2012 prosecution for possession of the drug, methylethcathinone. Three judges in the Court of Criminal Appeal ruled that a regulation making the possession of the drug illegal was invalid as it was unconstitutional.
However, this ruling also covered other drugs in the same category as methylethcathinone, making their possession temporarily legal.
The Department of Health emphasised that the outcome of this case did ‘not affect existing laws regarding the supply, possession or sale of older drugs such as heroin, cocaine or cannabis'.
However, it is expected that a number of convictions related to the newer drugs in question will be open to challenge following the Court's ruling.