Maeve O'Connell (Dublin Rathdown, Fine Gael)
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224. To ask the Minister for Health to report on any plans either in place, or under consideration, within her Department to regulate shopfronts to prevent drug paraphernalia such as ‘bongs’ and other products from being displayed. [22855/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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There are safeguards already in place in relation to the promotion of drugs and or paraphernalia.

Section 5 of the Misuse of Drugs Act 1984 (S.I. No. 18 of 1984) prohibits the printing and publishing of advertising materials which advocate or encourage the use of controlled drugs, including any advertisement for the use of a pipe or utensil in connection with the use of a controlled drug other than a use to be availed of in the course of professional treatment by a practitioner. A person in contravention of this section shall be guilty of an offence:

5.— (1)(a) A person shall not print, publish, cause or procure to be printed or published, sell or expose or offer or keep for sale, distribute or offer or keep for distribution, any book, periodical or other publication which either—

(i) advocates or encourages, or might reasonably be supposed to advocate or encourage, whether expressly or by implication, the use of any controlled drug prescribed for the purposes of this section, or any product or preparation containing any such controlled drug, otherwise than in the course of professional treatment by a practitioner, or

(ii) contains any advertisement advertising any use of a pipe, utensil or other thing for use by persons, for or in connection with the use of a controlled drug so prescribed or such a product or preparation, which is a use other than a use to be availed in the course of professional treatment by a practitioner.

The Criminal Justice (Psychoactive Substances) Act 2010 (S.I. No. 22 of 2010)

In addition, Section 5 of the Criminal Justice (Psychoactive Substances) Act 2010 (S.I. No. 22 of 2010) prohibits the publishing or displaying of any advertisement which promotes the consumption of a substance or a combination of substances for their psychoactive effects. A person in contravention of this section shall be guilty of an offence. Section 7 of this Act permits An Garda Síochána to serve a prohibition notice on a person if they are of the opinion that the person is publishing or displaying such an advertisement:

5.— (1) A person who publishes or displays or causes to be published or displayed any advertisement knowing or being reckless as to whether the advertisement—

(a) indicates an intention—

(i) to sell or import or export a psychoactive substance for human consumption, or

(ii) to sell any object for use in cultivating by hydroponic means any plant in contravention of section 17 of the Act of 1977,

(b) promotes the consumption of a substance or a combination of substances for its or their, as the case may be, psychoactive effects and provides information on how or where a psychoactive substance may be obtained, or

(c) provides information on how an object may be used to cultivate by hydroponic means any plant in contravention of section 17 of the Act of 1977, shall be guilty of an offence