Misuse Of Drugs (Amendment) Act 2015

Link to law: http://www.irishstatutebook.ie/2015/en/act/pub/0006/print.html

Misuse Of Drugs (Amendment) Act 2015
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
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
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