HEAD SHOPS will be put out of business for good as a result of a proposed law announced yesterday, Minister for Justice Dermot Ahern has claimed.
The sale or supply of substances with psychoactive effects for human consumption will become a criminal offence under the Criminal Justice (Psychoactive Substances) Bill.
Minister for Health Mary Harney last month made some 200 so-called “legal highs” controlled drugs under the Misuse of Drugs Act 1977. These included mephedrone, synthetic cannabinoids and BZP derivatives.
Substances have been produced subsequently, however, and Mr Ahern’s proposed legislation aims to clamp down on the latest products as they come on to the market.
“Obviously I’d like to see the closure of all the head shops. There has been a substantial closure of head shops around the country, there are still a number trading and the gardaí are keeping a very close eye on what they’re trading.
“This will be a belt-and-braces approach. Not only will we ban individual products through the legislation that the Minister for Health has, but also [there is] this catch-all piece of legislation.”
Asked if the proposed legislation would put head shops out of business for good, Mr Ahern said he thought it would.
Gardaí will be able to apply to the District Court for an order prohibiting a person from selling or advertising a psychoactive substance, having previously requested the cessation of such activities.
A person who fails to comply with a court order will be guilty of an offence and the court can make a closure order in respect of the premises concerned.
As the procedure will be civil rather than criminal, the proof required will be on the balance of probabilities rather than beyond reasonable doubt.
The definition of selling psychoactive substances under the proposed law will be broad, including distributing, offering for sale and being in possession for sale. Importing or exporting for sale will be covered and it will also be an offence to advertise a psychoactive substance.
To ensure head shop operators cannot get around the provisions of the Bill by claiming their products are not for human consumption, the court will be able to take into account all the circumstances of the case in deciding whether or not the person being prosecuted knew the substance was being sold for human consumption. This will take into account qualities and cost of products.
It will also be an offence to sell, import or export psychoactive substances for human consumption, including electronic communication and by means of the internet.
Full powers will be provided to the Garda and Revenue in relation to the sale, import and export of the psychoactive substances, whether by means of the internet or otherwise.
The Bill will also deal with the sale of drug paraphernalia and so- called “grow your own” equipment in head shops. Mr Ahern is considering including an offence of selling a pipe or any other object made or adapted for use in connection with the consumption of the controlled drug or psychoactive substance.
Mr Ahern said the Bill was being drafted as a matter of priority and he looked forward to its publication as soon as possible, saying he hoped it would be enacted before the summer recess.
Gardaí have advised Mr Ahern that of the 102 head shops that were open before May 11th, about 36 continue to trade and are being monitored.
“I am pleased that the recent ban on the sale of substances such as mephedrone has had a very significant effect on the operations of head shops,” the Minister added.
“However, I am conscious that further action is necessary to deal with the emergence of potentially dangerous new substances not covered by the ban.”
