S.I. No. 237/2023 - Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th May, 2023.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by section 13 (2) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby order as follows:

1. This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) (Amendment) Order 2023.

2. The Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022 ( S.I. No. 211 of 2022 ) is amended by substituting for Schedule 2 the following:

“SCHEDULE 2

Regulation 5

Purposes specified for the purposes of section 13(1)(a) of the Act

The following purposes, namely: -

(a) research, forensic analysis or use as an essential intermediate or starting material in an industrial manufacturing process;

(b) the growing of hemp from seed varieties specified, by the Commission of the European Communities, as being eligible for the purposes of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 20211 , as supplemented by Commission Delegated Regulation (EU) 2022/1262 ; subject to such licensing provision under the Act and the Regulations made thereunder as are applicable.”

/images/ls

GIVEN under my Official Seal,

16 May, 2023.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Order is to reflect the implementation of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 20213 , as supplemented by Commission Delegated Regulation (EU) 2022/1264 and the repeal of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 20135 .

1 OJ No. L 435, 6.12.2021, p. 1.

2 OJ No. L 20, 31.1.2022, p. 52.

3 OJ No. L 435, 6.12.2021, p. 1.

4 OJ No. L 20, 31.1.2022, p. 52.

5 OJ No. L 347, 20.12.2013, p. 608.