Brendan Kenneally (Waterford, Fianna Fail)
Link to this: Individually | In context

Question 268: To ask the Minister for Health and Children the plans she has to introduce legislation to control the sale of herbal drugs that may be harmful; if studies have been carried out on their effects; if she has evidence of their addictive nature; if recommendations have been put to her about their future sale or supply; and if she will make a statement on the matter. [1244/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
Link to this: Individually | In context

The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with the Department's obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland. The Act also limits packaging and labelling of controlled drugs.

Herbal drugs is a vernacular term used to describe a range of different substances which may or may not be scheduled substances under Misuse of Drugs legislation. The list of scheduled substances is kept under review on an ongoing basis. In particular the Department reviews any evidence that substances are being abused and are causing significant harm to public health. For example, in 2006 the law surrounding psychotropic (magic) mushrooms in their raw state was clarified in the light of evidence of increased availability and significant harm being done and it is now an offence to sell or possess magic mushrooms.

One of the substances currently on sale is Benzlpiperazine (BZP). BZP is not currently a scheduled substance under Misuse of Drugs legislation, but its status is under advanced review. A specific risk assessment procedure for new psychoactive substances carried out by the European Monitoring Centre on Drugs and Drug Addiction (EMCDDA) has found that the use of BZP can lead to medical problems even if long term effects of the substance are still unknown.

The European Commission has therefore, decided to ask the Council of Ministers to place BZP under control in accordance with the 1971 UN Convention on Psychotropic Substances. If the Council adopts the Commission's proposal, Member States must act as soon as possible, but no later than one year from the date of the decision, to introduce control measures and criminal sanctions. For Ireland, the introduction of national measures will involve declaring BZP to be a controlled substance under Irish Misuse of Drugs legislation and adding it to the schedule of controlled substances in accordance with that legislation.