S.I. No. 64/1937 - Dangerous Drugs (Raw Opium, Coca Leaves and Indian Hemp) Regulations, 1937.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1937. No. 64.

DANGEROUS DRUGS (RAW OPIUM, COCA LEAVES AND INDIAN HEMP) REGULATIONS, 1937.

ARRANGEMENT OF REGULATIONS

STATUTORY RULES AND ORDERS, 1937.

No. 64.

DANGEROUS DRUGS (RAW OPIUM, COCA LEAVES AND INDIAN HEMP) REGULATIONS, 1937.

WHEREAS by virtue of the Dangerous Drugs Act, 1934 (Commencement) Order, 1937 (Statutory Rules and Orders, No. 40 of 1937), the Dangerous Drugs Act, 1934 (No. 1 of 1934), came into operation on the 1st day of April, 1937.

AND WHEREAS it is enacted by Section 5 of the said Act that the Minister for Justice may by order make regulations in relation to any matter or thing referred to in the said Act as prescribed:

AND WHEREAS it is enacted by sub-section (3) of Section 12 of the said Act that every import permit in respect of a substance to which Part II of the said Act applies shall be in the prescribed form and contain the prescribed particulars:

AND WHEREAS it is enacted by sub-section (2) of Section 13 of the said Act that the Minister for Justice may, if he so thinks fit, grant to any person who complies with the prescribed conditions, an export permit to export any substance to which Part II of the said Act applies, and it is enacted by sub-section (3) of the said Section 13 that every export permit in respect of a substance to which the said Part II applies shall be in the prescribed form and contain the prescribed particulars:

AND WHEREAS it is enacted by sub-section (1) of Section 14 of the said Act that the Minister fox Justice may by order make regulations under the said section for controlling or restricting the production, possession, sale and distribution of any substances to which Part II of the said Act applies, and in particular, without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale and distribution of any substances to which the said Part II applies except to persons licensed or otherwise authorised in that behalf in pursuance of the said section:

AND WHEREAS it is enacted by sub-section (2) of Section 10 of the said Act (in this recital referred to as the Act of 1934) that every regulation made under the Dangerous Drugs Act, 1920, and in force at the commencement of the Act of 1934 may be continued, amended or revoked by regulations made under the Act of 1934, and until so continued or revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under the Act of 1934:

NOW, THEREFORE, I, P. J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by the Dangerous Drugs Act, 1934 (No. 1 of 1934), and of every and any other power me in this behalf enabling, do hereby order and make the following regulations, that is to say:—

PART I. PRELIMINARY AND GENERAL.

1 Short Title.

1. These Regulations may be cited as the Dangerous Drugs (Raw Opium, Coca Leaves and Indian Hemp) Regulations, 1937.

2 Application of Interpretation Act, 1923 .

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 Definitions.

3.— (1) In these Regulations—

the expression "the Act" means the Dangerous Drugs Act, 1934 (No. 1 of 1934);

the expression "the Minister" means the Minister for Justice;

the word "substance" means any of the following substances that is to say, raw opium, coca leaves, Indian hemp and resins obtained from Indian hemp, and all preparations (except extract or tincture of Indian hemp) of which such resins form the base;

the word "authority" means—

(a) any licence granted by the Minister under sub-section (2) of Section 14 of the Act; or

(b) any authority granted by the Minister under that sub-section; or

(c) any general authorisation conferred by Part III of these Regulations;

the word "authorised" shall be construed accordingly;

and the word "register" means a bound book and does not include any form of loose-leaf register or card index.

(2) For the purposes of these Regulations, but subject in each case to any limitation attached to his authority, a person authorised to supply a substance shall be deemed to be a person authorised to be in possession of, to procure, to offer to supply or procure, and to advertise for sale, that substance.

(3) For the purposes of these Regulations a person shall be deemed to be in possession of a substance if it is in his actual custody or is held by any other person subject to his control or for him or on his behalf.

4 Revocation of Regulations made under the Dangerous Drugs Act, 1920.

4. The following Regulations made under the Dangerous Drugs Act, 1920, are hereby revoked, that is to say—

(a) regulations made on the 20th day of May, 1921, under Section 3 of the said Act;

(b) the Dangerous Drugs (marking of Raw Opium for Exportation) Regulation, 1922, made on the 28th day of March, 1922, under sub-section (2) of Section 1 of the said Act.

PART II. PERMITS TO IMPORT AND EXPORT RAW OPIUM, COCA LEAVES, INDIAN HEMP, ETC.

5 Form of import permit.

5. Every import permit under Section 12 of the Act in respect of a substance shall be in the Form set out in the First Schedule to these Regulations and shall contain the particulars indicated in such Form.

6 Conditions to be complied with by applicants for export permits

6. The following shall be the conditions to be complied with by an applicant for an export permit to export from Saorstát Éireann to another country a quantity of any substance, that is to say:—

(a) that he is authorised, within the meaning of Part III of these Regulations, to supply or have in his possession, such substance;

(b) that he produces to the Minister—

(i) the appropriate import certificate mentioned in paragraph 2 of Article 13 of the Geneva Convention, 1925, or, where applicable, the appropriate special certificate mentioned in paragraph 7 of the said Article 13; and

(ii) in case such substance is Indian hemp, the appropriate special import certificate mentioned in paragraph 1 (b) of Article 11 of the Geneva Convention, 1925;

(iii) in case such substance is resin obtained from Indian hemp or any preparation (except extract or tincture of Indian hemp) of which any such resin forms the base and the use thereof is not prohibited by such country, the appropriate special import certificate mentioned in paragraph 1 (a) of the said Article 11.

7 Form of export permit.

7. Every export permit under Section 13 of the Act in respect of a substance shall be in the Form set out in the Second Schedule to these Regulations and shall contain the particulars indicated in such Form.

PART III. POSSESSION, SALE AND DISTRIBUTION OF RAW OPIUM, COCA LEAVES, INDIAN HEMP, ETC.

8 Sale and distribution of substances.

8.— (1) No person shall—

(a) supply or offer to supply to any person, nor

(b) procure for any person (including himself), nor

(c) offer to procure for any person, nor

(d) advertise for sale, a substance unless—

(i) he is authorised so to do and in so doing complies with the terms and conditions of his authority, and

(ii) in case the supplying or procuring is to or for a person in Saorstát Eireann, the latter person is authorised to be in possession of such substance and such supplying or procuring will not infringe the terms and conditions of the latter person's authority.

(2) In this Regulation—

The word "supply" means supply either within or without Saorstát Eireann;

The word "procure" means procure either within or without Saorstát Eireann.

9 Possession of substances.

9. No person shall be in possession of any substance unless he is so authorised.

10 Restriction on delivery of substances to messengers.

10.—(1) Where any substance is to be lawfully supplied to any person (in this Regulation referred to as the recipient) the person (in this Regulation referred to as the supplier) supplying such substance shall not deliver it to a person who purports to be sent by or on behalf of the recipient unless either—

(a) that person is a person authorised to be in possession of such substance, or

(b) that person produces to the supplier a statement in writing signed by the recipient to the effect that he is empowered by the recipient to receive such substance on behalf of the recipient, and the supplier is satisfied that such statement is a genuine document.

(2) For the purposes of these Regulations, any person to whom a substance is lawfully delivered in the circumstances mentioned in Clause (b) of the immediately preceding paragraph of this Regulation shall be deemed to be a person authorised to be in possession thereof, but for such period only as in the circumstances of the case is reasonably sufficient to enable the delivery to the recipient to be effected.

11 General authority for certain classes of persons to possess and supply substances.

11. Each person who is a member of any of the following classes, that is to say:—

(a) registered medical practitioners;

(b) registered veterinary surgeons;

(c) persons lawfully keeping open shop for the sale of poisons in accordance with the provisions of the Pharmacy Act (Ireland), 1875, as amended by the Pharmacy Act (Ireland), 1875, Amendment Act, 1890;

(d) persons (being persons duly registered under the Pharmacy Act (Ireland), 1875, as amended by the Pharmacy Act (Ireland), 1875, Amendment Act, 1890) employed or engaged in dispensing medicines at any public hospital or other public institution;

(e) persons who are in charge of a laboratory for the purposes of research or instruction and attached to any university, or university college in Saorstát Eireann, any medical school in Saorstát Eireann, the School of Pharmacy of the Pharmaceutical Society of Ireland, or any public hospital or other institution approved for the purpose of this Regulation by the Minister;

(f) persons duly appointed by a local authority as analysts for the purposes of the Sale of Food and Drugs Acts, 1875 to 1935;

(g) persons appointed as inspectors by the Pharmaceutical Society of Ireland acting under the directions, in writing, of the Registrar of the said Society;

is hereby authorised, in his capacity as a member of such class, to be in possession of and to supply any substance so far as may be necessary for the practice or exercise of his profession or employment.

12 Withdrawal of authority.

12.— (1) Whenever any person, being an authorised person within the meaning of these Regulations, is convicted of an offence under the Act or under the enactments relating to customs as applied by the Act or against the corresponding law of any country, other than Saorstát Eireann, the Minister may, if he is of opinion that such person should not remain an authorised person, publish in the Iris Oifigiúil a notice withdrawing the authority of such person and such notice shall operate as a termination of the authority of such person.

(2) Nothing in this Regulation shall be taken to prejudice any power otherwise vested in the Minister of withdrawing any authority granted by him.

13 Records in relation to substances.

13. Every person who is authorised to supply substances shall, in accordance with the following provisions, keep registers and enter therein true particulars in relation to all substances obtained or supplied (whether to a person within or outside Saorstát Eireann) by him, that is to say:—

(a) a separate register shall be kept in respect of each of the following kinds of substances, that is to say—

(i) raw opium,

(ii) coca leaves,

(iii) Indian hemp and resins obtained from Indian hemp, and all preparations (except extract or tincture of Indian hemp) of which resins obtained from Indian hemp form the base;

(b) in the case of a business carried on at more than one set of premises, a separate set of registers shall be kept in respect of each set of such premises and in the case of a business made up of different departments, a separate set of registers may, with the approval of the Minister, be kept in respect of each department;

(c) each register shall be kept in two parts, the one in relation to substances of the kind to which such register relates obtained and the other in relation to substances of such kind supplied, and each register shall be in the appropriate form contained in the Third Schedule to these Regulations;

(d) an entry in respect of any substance obtained or supplied shall be made in the approproate part of the appropriate register and shall consist of the particulars indicated by the form of such part of such Register;

(e) every such entry shall be made, in the case of obtaining a substance, on the day such substance is received or, if that is not reasonably practicable, on the next following day and, in the case of supplying a substance on the day on which the transaction in question is effected or, if that is not reasonably practicable, on the next following day;

(f) each register shall be kept on the premises to which it relates and shall be kept at all time available for inspection;

(g) no cancellation, obliteration, or alteration shall be made of any entry in a register, and any correction of an entry shall be made by way of marginal or foot note specifying the date thereof;

(h) a register shall not be used for any purposes save the purposes of these Regulations;

(i) every entry required to be made under this Regulation and every correction of any such entry shall be made in ink or otherwise so as to be indelible.

14 Particulars to be furnished by certain authorised persons.

14. Every person authorised to supply a substance shall, on demand by the Minister or any person empowered in that behalf by order in writing by the Minister, furnish to the Minister or that person, as the case may be, such particulars as the Minister or that person may require with respect to the obtaining or supplying by such first-mentioned person of any substance or with respect to any stocks of substances in the possession of such first-mentioned person.

15 Preservation of registers.

15. All registers which are kept in pursuance of these Regulations shall be preserved for a period of two years from the date on which the last entry is made therein.

16 Consignments to places outside Saorstát Eireann not to be diverted to other destinations.

16.—(1) Whenever any substances, authorised under the law of any country, other than Saorstát Éireann, to be exported therefrom to any destination outside Saorstát Éireann, are brought in course of such export to Saorstát Éireann, no person shall, without a licence in that behalf granted by the Minister under sub-section (2) of Section 14 of the Act, cause or procure such substances to be diverted to any other destination.

(2) For the purposes of this Regulation the destination to which any substances are authorised to be exported shall be taken to be the destination stated in the authority for the export thereof from the country of export.

FIRST SCHEDULE.

FORM OF IMPORT PERMIT UNDER SECTION 12 of THE DANGEROUS DRUGS ACT, 1934 .

DANGEROUS DRUGS ACT, 1934 .

IMPORT PERMIT.

In pursuance of sub-section (2) of Section 12 of the Dangerous Drugs Act 1934 (No. 1 of 1934), the Minister for Justice hereby grants to (a)...............

............................................................ ...................................................

this permit to import into Saorstát Eireann from (b)

............................................................ .................................................

from (c) ............................................................ ....................................

through (d)............................................................ .................................

before the............day of........................19......, the consignment specified in the Schedule hereto, subject to the following conditions:—

1. The permit does not authorise the importer to be in possession of or to supply the substances specified in the said Schedule.

2. The permit does not relieve the importer from compliance with any Customs regulations in force for the time being relating to the importation of goods into or transhipment of goods in Saorstát Eireann, or any Post Office regulations for the time being in force in Saorstát Eireann.

3. The permit is valid only for the importer and may be revoked at any time by the Minister for Justice. It shall be produced for inspection when required by any person duly authorised under the said Act.

4. The permit shall be surrendered to the Customs Officer at the time of importation, or, if the importation is not effected before the............day of ........19......., shall immediately after that date be surrendered to the Minister for Justice.

SCHEDULE.

(Quantity and description of substances to be imported.)

DEPARTMENT OF JUSTICE,

UPPER MERRION STREET,

DUBLIN.

Date:...................................

(a) name and address of importer.

(b) name and address of exporter.

(c) country from which the consignment is to be imported.

(d) name of port or place in Saorstát Eireann through which the consignment is to be imported.

ENDORSEMENT BY CUSTOMS OFFICER

AT THE TIME OF IMPORTATION.

I hereby certify that the person named overleaf has to-day imported the consignment thereon specified*

† ex ‡ under Customs Entry No...........................dated..........................................................

† by registered parcel post or insured box post (Parcel No. dated.............................................)

Signature of Customs Officer............................................................ ....................................

If the whole consignment for which the permit has been granted is not imported, the Customs Officer should suitably amend the certificate above, and insert below the actual amount of items imported.

This permit must be endorsed by the Customs Officer and returned immediately to:—

* See note below.

† Strike out all words inapplicable.

‡ Insert name of ship.

SECOND SCHEDULE.

FORM OF EXPORT PERMIT UNDER SECTION 13 of THE DANGEROUS DRUGS ACT, 1934 .

DANGEROUS DRUGS ACT, 1934 .

EXPORT PERMIT.

In pursuance of sub-section (2) of Section 13 of the Dangerous Drugs Act, 1934 (No. 1 of 1934), the Minister for Justice hereby grants to (a)............................................................ .....

............................................................ ............................................................ .................

this permit to export from (b)............................................................ ...................................

to (c)............................................................ ............................................................ ..........

to (d)............................................................ ............................................................ .........

before the............day of.......................19....., the consignment specified in the Schedule hereto, subject to the following conditions:—

1. The permit does not relieve the exporter from compliance with any Customs regulations in force for the time being relating to the exportation of goods from Saorstát Eireann or from any provision of the Post Office Acts, 1908 and 1920, or Post Office Regulations for the time being in force, or from any rules or regulations respecting the transmission of articles by post which may for the time being be in force whether within Saorstát Eireann or in the countries or places to which such goods may be addressed.

2. The permit does not authorise the exporter to be supplied with, or be in possession of, the substance specified in the Schedule.

3. The exporter, if so required by the Revenue Commissioners, shall produce to them, within such time as they may allow, proof to their satisfaction that the said goods were duly delivered at the destination named in this permit; and in the event of non-compliance with this condition, the permit shall be deemed void and of no effect.

4. The exporter shall make, on the form provided for the purpose, a return at the end of each quarter to the Secretary, Department of Justice, Dublin, of all exports by him during the quarter, of any such substance whether in pursuance of this or any other permit granted to him.

5. This permit shall be produced for inspection when required by any person duly authorised under the said Act.

6. This permit, if not used or if used for the export of a part only of the quantity authorised, shall be returned to the Secretary, Department of Justice, Dublin, within seven days of the date of its expiry.

(a) name and address of exporter.

(b) port or place in Saorstát Eireann from which the consignment is to be exported.

(c) name and address of importer.

(d) country to which the consignment is to be exported.

SCHEDULE.

(Quantity and description of substance to be exported.)

DEPARTMENT OF JUSTICE,

UPPER MERRION STREET,

DUBLIN.

Date.............................................

THIRD SCHEDULE.

FORMS OF REGISTERS,

RAW OPIUM.

PART I

RECORD OF RAW OPIUM PURCHASED OR OTHERWISE OBTAINED.

PART II

RECORD OF RAW OPIUM SOLD OR SUPPLIED

COCA LEAVES

PART I

RECORD OF COCA LEAVES PURCHASED OR OTHERWISE OBTAINED.

PART II

RECORD OF COCA LEAVES SOLD OR SUPPLIED

INDIAN HEMP AND RESINS OBTAINED FROM INDIAN HEMP, AND ALL PREPARATIONS (EXCEPT EXTRACT OR TINCTURE OF INDIAN HEMP) OF WHICH RESINS OBTAINED FROM INDIAN HEMP FORM THE BASE.

PART I

RECORD OF INDIAN HEMP, ETC., PURCHASED OR OTHERWISE OBTAINED

PART II

RECORD OF INDIAN HEMP, ETC., SOLD OR SUPPLIED

Given under my Seal of Office, this 6th day of April,

1937.

(Signed) P. J. RUTTLEDGE,

Minister for Justice.

(Signed) S. A. ROCHE.