Laws seek to jail head shop owners

Radical laws to close head shops and imprison the sellers of "legal highs" have been announced, with offenders facing sentences of up to five years.

Justice Minister Dermot Ahern published legislation that will make the sale and supply of psychoactive substances which mimic illegal drugs a criminal offence.

He insisted that Gardaí and law authorities would have enough resources to pursue offenders and said he hoped the laws would lead to the closure of head shops after concerns raised by parents and anti-drugs groups.

Products which mimic the effects of cannabis, cocaine or ecstasy will be targeted.

"This is probably the first time this type of legislation has been brought forward that we know of in Europe in relation to a general approach to psychoactive substances," said the minister.

The Criminal Justice (Psychoactive Substances) Bill 2010 is expected to be passed before the Dáil’s summer recess. It comes as head shops are introducing alternatives to bypass health legislation rolled out last month which sought to ban a list of substances.

Mr Ahern added: "Under normal legislation here in Ireland under the Misuse of Drugs Act in Ireland and in other EU countries, they have banned specific products and as soon as you shut off one door, another one opens. This will be much more effective for the Gardaí, particularly to close down these premises."

A general ban will exist on selling, advertising or supplying psychoactive substances, even through the internet or home delivery.

Under the bill, senior gardaí through the courts will have the power to prohibit the sale of products as well as issue closure orders. Gardaí and Customs will have full powers to search premises and seize substances.

This will be enforced under civil, not criminal, law. But offenders found guilty on summary conviction in the district court of selling substances face fines of up to €5,000 as well as up to 12 months in jail. Those convicted in the circuit court face up to five years in jail.

The Forensic Science Laboratory will decide on whether products passed on by the Gardaí are illegal.

It is understood head shop owners are expected to contest the law in the courts. The bill does not affect the sale of medicinal-type products in other premises as well animal remedies and tobacco items.

Head shop representatives had serious concerns about the bill yesterday.

A statement from the Alternative Traders Association said that prohibitions against advertising products was a serious threat to the freedom of speech and claimed that the initiative could contradict existing laws on the free movement of goods within the EU as well as human rights laws.

Source: Juno McEnroe,The Irish Examiner, 19/06/2010