Misuse Of Drugs (Amendment) Act 2015

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Number 6 of 2015


MISUSE OF DRUGS (AMENDMENT) ACT 2015


CONTENTS

Section

1. Amendment of Misuse of Drugs Act 1977

2. Confirmation of certain statutory instruments

3. Short title, collective citation, construction and commencement

SCHEDULE 1

Insertion of Paragraphs 1A and 1B in Schedule to Misuse of Drugs Act 1977

SCHEDULE 2

Confirmation of Certain Statutory Instruments


Acts Referred to

Misuse of Drugs Act 1977 (No. 12)

Misuse of Drugs Acts 1977 to 2007

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Number 6 of 2015


MISUSE OF DRUGS (AMENDMENT) ACT 2015


An Act to amend the Misuse of Drugs Act 1977 ; to confirm certain statutory instruments; and to provide for related matters.

[11 th March, 2015]

Be it enacted by the Oireachtas as follows:

Amendment of Misuse of Drugs Act 1977

1. The Schedule to the Misuse of Drugs Act 1977 is amended—

(a) by the insertion, after paragraph 1, of the matter specified in Schedule 1 ,

(b) by the insertion, in paragraph 2, of “or 1A” after “paragraph 1”,

(c) by the insertion of the following paragraph after paragraph 2:

“2A. Any stereoisomeric form of a substance specified in paragraph 1B.”,

(d) by the insertion, in paragraph 3, of “, 1A” after “paragraph 1”,

(e) by the substitution, in paragraph 4, of “paragraph 1, 1A, 1B, 2, 2A or 3” for “paragraph 1, 2 or 3”, and

(f) by the substitution, in paragraph 5, of “paragraph 1, 1A, 1B, 2, 2A, 3 or 4” for “paragraph 1, 2, 3 or 4”.

Confirmation of certain statutory instruments

2. (1) Every statutory instrument specified in Schedule 2 shall have statutory effect as if it were an Act of the Oireachtas.

(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

Short title, collective citation, construction and commencement

3. (1) This Act may be cited as the Misuse of Drugs (Amendment) Act 2015.

(2) This Act and the Misuse of Drugs Acts 1977 to 2007 may be cited together as the Misuse of Drugs Acts 1977 to 2015 and shall be construed together as one Act.

(3) This Act shall come into operation on the day immediately following the date of its passing.

SCHEDULE 1

Insertion of Paragraphs 1A and 1B in Schedule to Misuse of Drugs Act 1977

Section 1

1A. (a) Alfentanil

(3-Amino-2,2-dimethylpropyl)4-aminobenzoate

5-(2-Aminopropyl) indole

1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone

N-(1-Benzyl-4-piperidyl) propionanilide

1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl) propan-2-amine

Carfentanil

Cathinone

3,4-Dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide

Dihydroetorphine

[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone

Dimethocaine

3-Dimethylheptyl-11-hydroxyhexahydrocannabinol

Eticyclidine

Etryptamine

1-(2-Fluorophenyl)-2-methylaminopropan-1-one

1-(3-Fluorophenyl)-2-methylaminopropan-1-one

1-(4-Fluorophenyl)-2-methylaminopropan-1-one

9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate

N-Hydroxy-tenamphetamine

4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine

Khat (being the leaves of Catha edulis (Celastraceae))

Lofentanil

Methcathinone

2-(3-Methoxyphenyl)-2-(ethylamino)cyclohexanone

1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one

Methyl(2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a,10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]iso-chromene-7-carboxylate and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance

2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one

2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one

4-Methyl-aminorex

(8-Methyl-8-azabicyclo[3.2.1]octan-3-yl)-4-fluorobenzoate

Methyl-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance

Methyl-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b- octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate and any product, whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance

α-Methyl-4-(methylthio)phenethylamine

1-(4-Methylphenyl)-2-methylaminopropan-1-one

Nabilone

Oripavine

Phencyclidine

1-Phenylcyclohexylamine

4-(1-Phenylcyclohexyl)morpholine

1-Piperidinocyclohexanecarbonitrile

Remifentanil

Rolicyclidine

Sufentanil

Tapentadol

Tenocyclidine

N-[1-(2-Thenyl)-4-piperidyl]propionanilide

4-[1-(2-Thienyl)cyclohexyl]morpholine

1-[1-(2-Thienyl)cyclohexyl]pyrrolidine

Tilidine.

(b) Any substance (not being bupropion) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

(ii) by substitution at the 2- or 3-position of the propanone side-chain with an alkyl substituent;

(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.

(c) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:

(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;

(ii) by substitution at the 3-position with an alkyl substituent;

(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

(d) Any substance structurally derived from 3-(1-benzoyl)indole or 3-(1-naphthoyl)indole by modification in any of the following ways:

(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl;

(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;

whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.

(e) 1-Benzylpiperazine or any substance structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways:

(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;

(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups.

(f) Any substance structurally derived from fentanyl by modification in one or more of the following ways, that is to say:

(i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;

(ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups;

(iii) by substitution in the piperidine ring with alkyl or alkenyl groups;

(iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups;

(v) by substitution at the 4-position of the piperidine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group;

(vi) by replacement of the N-propionyl group by another acyl group.

(g) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.

(h) Any substance structurally derived from 3-(1-naphthoyl)indoleor 1H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(i) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(j) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(k) Any substance structurally derived from pethidine by modification in one or more of the following ways, that is to say:

(i) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;

(ii) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;

(iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups;

(iv) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;

(v) by formation of an N-oxide or a quaternary base.

(l) Any substance (not being methoxyphenamine) structurally derived from phenethylamine, an N-alkyl-phenethylamine, α-methylphenethylamine, an N-alkyl-α-methylphenethylamine, α-ethylphenethylamine, or an N-alkyl-α-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halo substituents, whether or not further substituted in the ring by one or more other univalent substituents.

(m) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

(n) Any fungus containing any proportion of psilocin or of an ester of psilocin.

(o) 1,2,3,4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1,2,3,4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;

(ii) by mono - or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.

(p) Any substance structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the side-chain with one or more alkyl substituents but no other substituent.

1B. (a) Alprazolam

Amineptine

Aminorex

Amphetaminil

2-Benzhydrylpiperidine

Bromazepam

Brotizolam

Buprenorphine

Butan-1,4-diol

Butorphanol

Camazepam

Cathine

Chlordiazepoxide

Clobazam

Clonazepam

Clorazepic acid

Clotiazepam

Cloxazolam

Delorazepam

Dextropropoxyphene

Diazepam

Diethylpropion

Dihydrofuran-2(3H)-one

Estazolam

Ethchlorvnol

Ethinamate

N-Ethylamphetamine

Ethyl loflazepate

Fencamfamin

Fenethylline

Fenproporex

Fludiazepam

Flunitrazepam

Flurazepam

Glutethimide

Halazepam

Haloxazolam

4-Hydroxybutanoic acid

Ketamine

Ketazolam

Lefetamine

Loprazolam

Lorazepam

Lormetazepam

Mazindol

Mecloqualone

Medazepam

Mefenorex

Meprobamate

Mesocarb

Methyprylone

Midazolam

Nalbuphine

Nimetazepam

Nitrazepam

Nordazepam

Oxazepam

Oxazolam

Pemoline

Pentazocine

Phentermine

Pinazepam

Prazepam

Propylhexedrine

Pyrovalerone

Selegiline

Temazepam

Tetrazepam

Triazolam

Zipeprol

Zolpidem.

(b) Any substance structurally derived from barbituric acid by di-substitution at the 5-position, whether or not there is also substitution at the 1-position by a methyl substituent.

SCHEDULE 2

Confirmation of Certain Statutory Instruments

Section 2

Number & Year

Title of Instrument

No. 164 of 1979

Misuse of Drugs (Licence Fees) Regulations 1979

No. 321 of 1982

Misuse of Drugs (Safe Custody) Regulations 1982

No. 326 of 1988

Misuse of Drugs (Exemption) Order 1988

No. 328 of 1988

Misuse of Drugs Regulations 1988

No. 69 of 1998

Misuse of Drugs (Designation) Order 1998

No. 225 of 1998

Misuse of Drugs (Supervision of Prescription and Supply of Methadone) Regulations 1998