The Law
Drugs in Ireland are controlled by a several different statutes of Irish Law:
- The1947 Health Act.
- The 1961 Poisons Act.
- The Medical Preperations Regulations 1970.
- The Misuse of Drugs Act 1977 & 1984.
- E.U. /International Regulations.
- The Criminal Justice Act 1994.
Possession of Drugs
In the Irish Misuse of Drugs Act a distinction is made to see wether the individual intended “Possession for Personal Use” or “Intent to Supply”
Possession for Own Personal Use
The court must be satisfied that the individual in possession of a controlled substance was for his or her own "immediate personal use". In deliberating this quantity seized is very important; In law to be in possession there does not need to be a sufficient quantity for use but the amount must be "tangible and visible". This means that even the smallest amounts of drugs discovered once visible can still be prosecuted.
Intent to Supply
The court must be satisfied that the controlled substance was not intended for personal use and that it was his/her possession for the purpose of selling or otherwise supplying to another. It is important to note that money does not have to change hands in order for an individual to be guilty of the offence of supplying. Broadly speaking it is the quantity of drug found in the persons possession which determines which charge is applicable. Possession does not necessarily refer to direct physical control, one or more persons may be in possession of a drug which is in the hands of another.
Power to Search
Once they have reasonable ground for suspicion the Gardai have the power to search a person, vehicle, vessel or aircraft without a warrant under the Misuse of Drugs Act.
Powers of Arrest
Again the Gardai may arrest a person without warrant if they have reasonable grounds to suspect that they have committed a crime under the act.
Your Rights
- Ask why you have been stopped.
- At the end of the search ask for a record of the search.
- Ask to see their warrant card, if they are not in uniform.
- You should not be detained if under 18 without your Parents/ Guardians being notified.
- If detained you have the right to know why and have a legal advice.
Remember the law is there for your protection and the protection of society as a whole and it is the Gardai responsibility to ensure these laws are enforced. At no time should you feel victimized or bullied by the Gardai, If this is not the case you should report it to your local Representative of the Oireachtas so the matter can be investigated.
It would be our recommendation that you assist the Gardai with any enquires they may have.
