Health Act, 1970

Control of possession of certain substances.

78.—(1) The Minister may make regulations for the control of the possession of a substance to which this section applies.

(2) Regulations under this section may provide for the prohibition of the possession of a substance to which the regulations relate, except by persons or classes of persons specified in the regulations and in circumstances and under conditions specified in the regulations.

(3) A person who contravenes or attempts to contravene a regulation under this section or who solicits or incites another person to contravene such a regulation shall be guilty of an offence.

(4) Every person guilty of an offence under this section shall be liable—

(a) on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment; or

(b) on conviction thereof on indictment, to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding five years, or to both such fine and such imprisonment,

and the court by which the person was convicted may order the forfeiture, and the disposal in such manner as the court thinks fit, of the substance in respect of which the offence was committed.

(5) (a) Section 31 of the Dangerous Drugs Act, 1934 (which empowers a Justice of the District Court to issue a search warrant in certain cases), shall apply to the possession of a substance to which regulations under this section relate as if it were a drug, substance or product referred to in the said section 31 and the regulations were made under that Act.

(b) Section 32 of the said Dangerous Drugs Act, 1934 (which empowers a member of the Garda Síochána to arrest without warrant in certain circumstances), shall apply to an offence under this section as if it were an offence under that Act.

(6) This section applies to any substance which may be used in the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect, or for the modification of any human physiological function, and which, in the opinion of the Minister, produces or is capable of producing depressant, stimulant or hallucinogenic effects on the human central nervous system.