Ireland accidentally legalises drugs like Ecstasy, magic mushrooms
Possession of ecstasy and other drugs became legal in Ireland – but only for a day – after a court ruling yesterday, prompting the country to rush emergency legislation.
Possession of ecstasy and other drugs became legal in Ireland – but only for a day – after a court ruling yesterday.
Ireland’s Court of Appeal struck down part of a near 40-year old law, which according to Ireland’s Department of Health meant possession of drugs such as Ecstasy and benzodiazepines immediately ceased to be an offence.
Ireland rushed emergency legislation through parliament last night to make the possession of several drugs including Ecstasy illegal again.
A written judgment released by the Republic’s court of appeal said part of the Misuse of Drugs Act 1977, which allows certain substances to be controlled, is unconstitutional, meaning all government orders banning substances such as ecstasy and magic mushrooms are void – and it is not an offence to possess them.
Specifically the court found that the Act was being added to via ministerial order and without consulting the Oireachtas (both houses of the Irish parliament), and deemed this unconstitutional.
The court case concerned the prosecution of a man for possession of a substance sold by one of Ireland’s so-called “head shops”, operators that sell substances often dubbed “legal” or “herbal” highs that the government sought to crack down on in 2010.
Stanislav Bederev denied the charge of having the substance for supply in 2012, and then brought a high court challenge in Dublin seeking to stop his trial, claiming that additions to the 1977 act were unconstitutional.
Bederev’s legal team argued it was not lawful to put the substance on the controlled drug list because there are no principles and policies guiding the introduction of such rules – and specifically no consultation with the Irish parliament.
The stimulant, methylethcathinone, was added to the list of controlled substances in 2011.
The outcome of the case did not affect existing laws regarding the supply, possession or sale of older drugs such as heroin, cocaine or cannabis, the health department added.
The emergency law will not come into place until the Republic’s second chamber, the Seanad, endorses the legislation. Following that the country’s president, Michael D Higgins, will have to gave his approval.
