225. Deputy Jack Wall asked the Minister for Health and Children if she has completed his consideration of whether or not to ban the sale of herbal ecstasy. [20962/07]

Minister for Health and Children (Deputy Mary Harney): 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 ecstasy is a term used to describe a combination of herbs which are marketed as a ’natural high’ and which are not 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, last year 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. There are no plans to add herbal ecstasy to the list of scheduled substances.

Vol. 638 No. 3 Written Answers Tuesday, 2 October 2007