S.I. No. 91/2004 - Misuse of Drugs (Scheduled Substances) (Exemption) Order, 2004

I, MICHEÁL MARTIN, Minister for Health and Children, in exercise of the powers conferred on me by Section 3 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997, ( S.I. No. 308 of 1997 ), hereby order as follows:

1. This Order may be cited as the Misuse of Drugs (Scheduled Substances) (Exemption) Order, 2004.

2. In this Order:—

“medicinal product” has the same meaning as in Section 1 (1) of the Irish Medicines Board Act, 1995 (No. 29 of 1995).

3. The Misuse of Drugs (Scheduled Substances) (Exemption) Order, 1993 ( S.I. No. 341 of 1993 ) and the Misuse of Drugs (Scheduled Substances) (Exemption) (Amendment) Order ( S.I. No. 169 of 2003 ) are hereby revoked.

4. Sub-section (1) of Section 3 of the Misuse of Drugs Act, 1977 shall not apply to the controlled drugs specified in the Schedule to this Order provided that such drugs as aforesaid do not contain any other substance, preparation or other product which itself is a controlled drug.

SCHEDULE

1. Any medicinal product containing one or more of the following substances, their stereoisomeric forms (not being cathine), or their salts, namely:—

N-Acetylanthranilic acid

Ephedrine

Ergometrine

Ergotamine

Isosafrole (cis isomer)

Isosafrole (trans isomer)

Lysergic acid

3,4-Methylenedioxyphenylpropan-2-one

Norephedrine (otherwise known as phenylpropanolamine)

1-Phenyl-2-propanone (otherwise known as phenylacetone)

Piperonal

Pseudoephedrine

Safrole.

2. The following substances, namely:—

Acetic anhydride

Acetone

Anthranilic acid

Ethyl ether

Methylethylketone

Phenylacetic acid

Piperidine

Potassium permanganate

Toluene.

3. Any salt of a substance specified in paragraph 2 above.

4. The following substances, namely:—

Hydrochloric acid

Sulphuric acid.

5. Any preparation or other product containing any proportion of a substance referred to in paragraph 1 above, or of a salt of any such substance, or of a substance specified in any of paragraphs 2, 3 or 4 above, compounded in such a way that any such substance cannot be easily used or recovered by readily applicable means.

6. Any medicinal product containing any proportion of a substance specified in any of paragraphs 2, 3 or 4 above.

EXPLANATORY NOTE.

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

The effect of this Order is to exempt from the provisions of Section 3 of the Misuse of Drugs Act, 1977 (which makes unauthorised possession an offence) the substances, medicinal products, other preparation and other products specified in the Schedule to the Order.