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Legislation

The Misuse of Drugs Acts are designed to prevent the abuse of certain substances that are considered to be dangerous and with a strong potential for abuse while at the same time regulating the various professional activities associated with these substances. The Acts themselves are of little immediate relevance to companies and professionals that deal with controlled drugs whereas the regulations made under the Acts are of importance. The principal regulations made under the Misuse of Drugs Acts are the Misuse of Drugs Regulations 1988. These Regulations have been amended on several occasions since 1988. 

The Regulations divide controlled drugs into five Schedules according to their potential for abuse and their therapeutic usefulness. The Regulations also apply varying controls to these substances such as imposing restrictions on the production, supply, importation and exportation, depending on which Schedule they are listed in. Schedule 1 controlled drugs have the most restrictions imposed due to their strong potential for abuse and little, if any, therapeutic value. Schedule 5 substances and preparations, however, have the least amount of restrictions.

New substances and amendments

The HPRA has provided updates about amendments to the Misuse of Drugs Regulations and new substances added in 2022, 2021, 2019 and 2017. Please refer to the relevant year below for information.


2022

New substances

Ten new substances were added to Schedule 1 of the Misuse of Drugs Regulations 2017 with effect from 05/04/2022.

The ten substances are as follows;

  • AB-FUBINACA
  • Isotonitazene
  • Diphenidine
  • 3-Methoxyphencyclidine
  • MDMB-4en-PINACA
  • 4F-MDMB-BINACA
  • 4F-MDMB-BICA
  • 5F-AMB-PINACA
  • 5F-MDMB-PICA
  • CUMYL-PEGACLONE

Five new substances were added to Schedule 4 of the Misuse of Drugs Regulations 2017 with effect from the 05/04/2022.

The five substances are as follows;

  • Clonazolam
  • Diclazepam
  • Etizolam
  • Flualprazolam
  • Flubromazolam

Amendments

  • S.I. No. 176/2022 - Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2022.

    • The purpose of this Order is to declare certain substances to be controlled drugs for the purposes of the Misuse of Drugs Act 1977.

  • S.I. No. 210/2022 - Misuse of Drugs (Amendment) Regulations 2022.

    • The purpose of these Regulations is to amend the Misuse of Drugs Regulations 2017 by adding certain additional substances to Schedules 1 and 4 of those Regulations.

  • S.I. No. 211/2022 - Misuse of Drugs Act 1977 (Controlled Drugs) (Designation) Order 2022

2021

New substances

Eight new substances were added to Schedule 1 of the Misuse of Drugs Regulations 2017 with effect from the 23/02/2021.

The eight substances are as follows;

  • ADB-CHMINACA
  • ADB-FUBINACA
  • AB-CHMINACA
  • AB-PINACA
  • CUMYL-4CN-BINACA
  • 5F-MDMB-PINACA
  • FUB-AMB
  • UR-144

Amendments

  • S.I. No. 82/2021 - Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2021.

    • The purpose of this Order is to declare certain substances to be controlled drugs for the purposes of the Misuse of Drugs Act 1977 to 2016.

  • S.I. No. 121/2021 - Misuse of Drugs (Amendment) Regulations 2021.

    • The purpose of these Regulations is to amend the Misuse of Drugs Regulations 2017 by adding certain additional substances to schedule 1 of the Regulations.

2019 

Amendments

The amendments to Schedule 1 of the Misuse of Drugs Regulations are as follows:

Paragraph 1 (a) of Schedule 1 to the Principal Order is amended—

(a) by substituting “Cannabinol derivatives, not being dronabinol or its stereoisomers” for “Cannabinol derivatives”, and

(b) by substituting for “Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017))” the following:

 “Cannabis (not being a preparation specified in paragraph 5 of Part 1 of Schedule 4 of the Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017) or a preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 (S.I. No. 262 of 2019)) and permitted for supply pursuant to those Regulations”.

Schedule 2 of the Misuse of Drugs Regulations 2017 (S.I. No. 173 of 2017) is amended—

  1. in paragraph 1, by inserting “Dronabinol” after “Dipipanone”, and
  2. by inserting after paragraph 9 the following paragraph:

“10. A preparation or product specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019 (S.I. No. 262 of 2019) and permitted for supply pursuant to those Regulations.”.

  • S.I. No. 281/2019 - Misuse Of Drugs (Designation) (Amendment) Order 2019

    • Paragraph 1 (a) of Schedule 1 of the Misuse of Drugs (Designation) Order 2017 was amended to remove from the scope of the Order certain cannabis products or preparations for medical use specified in Schedule 1 to the Misuse of Drugs (Prescription and control of Supply of Cannabis for Medical Use) Regulations 2019. This amendment was made with effect from the 26/06/2019.

  • S.I. No. 282/2019 - Misuse Of Drugs (Amendment) Regulations 2019

    • The purpose of these Regulations is to amend the Misuse of Drugs Regulations 2017—

    (a) to insert into Schedule 2 preparations containing dronabinol, and

    (b) to insert into Schedule 2 certain cannabis products or preparations for medical use, which are specified in Schedule 1 to the Misuse of Drugs (Prescription and Control of Supply of Cannabis for Medical Use) Regulations 2019.

2017

New substances

Four new substances were added to Schedule 1 of the Misuse of Drugs Regulations 2017 with effect from the 24/11/2017.

The four substances are as follows;

  • U-47700
  • EPH
  • MPA
  • XLR-11

Amendments

  • S.I. No. 531/2017 - Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2017

    • The purpose of this Order is to declare certain substances to be controlled drugs for the purposes of the Misuse of Drugs Act 1977 to 2016.

  • S.I. No. 532/2017 - Misuse of Drugs (Amendment) Regulations 2017

    • The purpose of these Regulations is to amend the Misuse of Drugs Regulations 2017 by adding certain additional substances to schedule 1 of the Regulations.