477. Deputy Kevin Humphreys asked the Minister for Health if it is currently legal to sell cannabis seeds under the Misuse of Drugs Act, 1977 as these are currently for sale in head shops, and if not has he any intentions to close this loophole by issuing an order similar to that of May, 2010; and if he will make a statement on the matter. [23892/12]

478. Deputy Kevin Humphreys asked the Minister for Health if it is currently legal to sell fresh Psilocybin mushrooms also known as magic mushrooms under the Misuse of Drugs Act, 1977 as these are currently for sale in head shops, and if not has he any intentions to close this loophole by issuing an order similar to that of May, 2010; and if he will make a statement on the matter. [23893/12]

 

Minister of State at the Department of Health (Deputy Róisín Shortall): I propose to take Questions Nos. 456, 477 and 478 together.

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 and/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. Psilocin and its phosphate ester, Psilocybin have been controlled under the Misuse of Drugs Act since 1977. The production, import, export, supply and possession of these substances are prohibited, except in accordance with a licence. In 2006 psychotropic “magic mushrooms” containing psilocin or psilocybin were banned, including any product or preparation prepared from magic mushrooms.

The possession and sale of cannabis seeds is not prohibited under the Misuse of Drugs legislation. Cannabis seeds are tradeable goods not controlled by the international drug control conventions because they are legitimately sold for bird seed, fishing bait and the growing of hemp. It is an offence, however, under Section 17 of the Misuse of Drugs Act as amended to cultivate cannabis except under licence for the purposes of research or growing of hemp.

Under the Criminal Justice Psychoactive Substances Act, 2010, a person who sells a psychoactive substance, including a fungus, knowing or being reckless as to whether that substance is being acquired or supplied for human consumption is guilty of an offence.

My Department reviews any evidence that substances are being abused and are causing significant harm to public health. It engages with the Department of Justice and Equality, the Gardaí, the Revenue Customs Service, the IMB, the Forensic Science Labs and other key organisations to keep the list of controlled substances under ongoing review.

 

Written Answers – Proposed Legislation

Vol . 765 No. 1

Tuesday, 15 May 2012