Leo Varadkar (Dublin West, Fine Gael)
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Question 33: To ask the Minister for Health and Children the action she is taking to address the issue of head shops selling BZP, cannabis seeds, smilers, jokers and other psychotropic products in retail outlets and on-line; and if she will make a statement on the matter. [35309/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I am aware that a range of substances often referred to by the generic term "legal highs", which mimic or cause effects similar to illicit substances, are available and are not currently scheduled under Misuse of Drugs legislation. As "legal highs" are not controlled substances, there is no basis at present to prevent their advertisement and sale in "head shops" or on-line. While the cultivation of cannabis itself is prohibited, except under licence for the purposes of research, the sale of cannabis seeds as novelty items is not prohibited.

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 Ireland's obligations under international conventions or where there is evidence that the substances are causing significant harm to public health in Ireland, which could merit the criminalisation of their sale and use.

The list of scheduled substances is kept under review on an ongoing basis. In particular, my Department reviews any evidence that substances are being abused and are causing significant harm to public health. For example, in 2006 psychotropic (magic) mushrooms were brought under control and their possession and sale are now an offence. Furthermore, following the European Council of Ministers' decision in March 2008 to bring Benzylpiperazine (BZP) under control, which was deemed to pose an excessive risk as a party pill, my Department will be introducing regulations to restrict the availability of BZP.