Written answers

Tuesday, 9 March 2010

Department of Health and Children

Misuse of Drugs

8:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 181: To ask the Minister for Health and Children the action that is being taken towards head shops door to door advertising their wares and the provision of a delivery service for substances from these shops; and if she will make a statement on the matter. [11713/10]

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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Question 196: To ask the Minister for Health and Children if she will state the substances and drugs and cocktails of substances that she is proposing to control in the legislation regarding head shops as per the announcement (details supplied); and if she will make a statement on the matter. [11352/10]

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 219: To ask the Minister for Health and Children the procedure for banning a substance sold in head shops; if it is possible for chemical substances sold in head shops to be deemed illegal until they have proven to be safe for human consumption; her plans to introduce legislation governing the sale of chemical substances in head shops; and if she will make a statement on the matter. [11714/10]

Photo of Mary HarneyMary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 181, 196 and 219 together.

In the light of the health risks associated with some of the products being sold in so-called 'head shops', the Government has agreed to the introduction of regulations under the Misuse of Drugs Act 1977 which will introduce controls on a range of substances which are currently on sale in head shops. The substances concerned include synthetic cannabinoids (SPICE products), benzylpiperazine (BZP) derivatives, mephedrone, methylone and related cathinones, GBL and 1,4 BD. The possession and sale of these substances will become illegal and subject to criminal sanctions under the Misuse of Drugs Act. In accordance with EU law, it is necessary to notify the European Commission of the proposed regulations and this imposes a 3 month stand-still period on the making of the regulations.

The provisions of the Misuse of Drugs Act 1977 apply to named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled in accordance with Ireland's international obligations or where there is evidence that the substances are causing significant harm to public health here. There is no provision in the legislation for substances to be deemed to be illegal until they have been proven safe for human consumption. The Misuse of Drugs legislation contains provisions which makes it an offence for a person to print, publish, distribute, sell or offer for sale any publication which advocates or encourages the use of controlled drugs. Once the legislation controlling the substances mentioned above comes into effect, it will be an offence for any person to advertise these substances or their delivery.

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