1986. Deputy Martin Daly asked the Minister for Health the legislation that governs the regulation of hemp. [42061/26]

Jennifer Carroll MacNeill, Minister for Health: Under Section 13(1) of the Misuse of Drugs Act 1977 if in the case of any controlled drug the Minister is of the opinion that it is in the public interest—

(a) for the manufacture, production, preparation, sale, supply, distribution and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or for other special purposes specified in an order under this section, or

(b) for it to be unlawful for any person who is either a practitioner or a pharmacist to have in his possession or to do in relation to that drug any of the things mentioned in section 5 (2) of this Act except under a licence or other authority issued by the Minister,

she may by order designate that drug as a drug to which this subsection applies, and while there is in force an order under this section designating a controlled drug as one to which this subsection applies, section 4 (2) of this Act and the said section 5 (2) shall not apply as regards that drug.

The Misuse of Drugs Designation Order S.I. No. 237/2023 sets out the purposes specified for the purposes of section 13(1)(a) of the Act as stated above.

Included in these purposes is the growing of hemp from seed varieties specified, by the Commission of the European Communities, as being eligible for the purposes of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 20211, as supplemented by Commission Delegated Regulation (EU) 2022/1262; subject to such licensing provision under the Misuse of Drugs Act 1977 and the Regulations made thereunder, as are applicable.

On cultivation of hemp both the flowering tops and the leaves must not be further processed. They must be removed from the plant and destroyed. Any applicant for a licence under Section 14 of the Misuse of Drugs Act 1977 must sign an undertaking to this effect.