Misuse of Drugs Act, 1977

Interpretation.

1.—(1) In this Act—

“cannabis” (except in “cannabis resin”) means the flowering or fruiting tops of any plant of the genus Cannabis from which the resin has not been extracted, by whatever name they may be designated;

“cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;

“the Dental Board” means the Dental Board established under the Dentists Act, 1928 ;

“duly issued prescription” has the meaning assigned to it by section 18 of this Act;

“forged prescription” has the meaning assigned to it by section 18 of this Act;

“land” includes land covered wholly or partly with water;

“the Medical Registration Council” means the Medical Registration Council established under the Medical Practitioners Acts, 1927 to 1961;

“the Minister” means the Minister for Health;

“opium poppy” means the plant of the species Papaver somniferum L;

“pharmacist” means a registered pharmaceutical chemist, a registered dispensing chemist and druggist and a registered druggist;

“prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

“practitioner” means a registered medical practitioner, a registered dentist and a registered veterinary surgeon;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“registered dentist” means a person registered in the register established under the Dentists Act, 1928 ;

“registered dispensing chemist and druggist” means a person registered in the register of dispensing chemists and druggists established under the Pharmacy Act, 1951 ;

“registered druggist” means a person registered in the register of registered druggists in Ireland established under the Pharmacy Act (Ireland), 1875, Amendment Act, 1890;

“registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927 ;

“registered pharmaceutical chemist” means a person registered in the register of pharmaceutical chemists for Ireland established under the Pharmacy Act (Ireland), 1875;

“registered veterinary surgeon” means a person registered in the register established under the Veterinary Surgeons Act, 1931 ;

“registration authority” means such one of the following as the context requires namely, the Dental Board, the Medical Registration Council and the Veterinary Council;

“the respondent” in relation to a reference under section 8 or section 9 of this Act means the practitioner in respect of whom the reference is made;

“special direction” has the meaning assigned to it by section 7 (2) of this Act;

“supply” includes giving without payment;

“temporary direction” has the meaning assigned to it by section 9 (2) of this Act;

“the Veterinary Council” means the Veterinary Council established under the Veterinary Surgeons Act, 1931.

(2) For the purposes of this Act any controlled drug, pipe, utensil or document of which a person has control and which is in the custody of another who is either under the person's control or, though not under the person's control, acts on his behalf, whether as an agent or otherwise, shall be regarded as being in the possession of the person, and the provisions of section 16 and section 18 together with the provisions of this Act relating to the possession of controlled drugs shall be construed and have effect in accordance with the foregoing.