The Government moved strongly against head shops yesterday with a two-pronged approach relying on existing anti-drugs legislation and a newly-drafted Bill from the Department of Justice.
As news of the new laws emerged yesterday, many head shops began closing and clearing their shelves of the newly banned substances.
The twofold strategy involves an updated list of banned drugs with sentences ranging as high as seven years to life for possession and supply, and fresh legislation to prevent the sale of other, newly-created substances invented to get around existing laws.
The moves received ministerial approval at yesterday’s Cabinet meeting and Taoiseach Brian Cowen told a press conference afterwards the Government was “not prepared to countenance this threat to the public health”.
Last March, Minister for Health Mary Harney informed the European Commission of the Government’s intention to extend the list of banned drugs. Under the terms of an EU directive, there is normally a three-month consultation period before such a ban can take effect, which would have seen the products banned from next month.
Mr Cowen said: “Because of the urgency of the issue, the Government made further approaches to Brussels. Yesterday, the EU Commission gave the formal go-ahead for the legislation to be implemented without having to wait for the end of the consultation period.”
The Government had made an order declaring a number of so-called “legal highs” to be controlled substances under the Misuse of Drugs Act.
“So with immediate effect from today, anyone trying to sell or buy these products will face severe criminal penalties. These include: up to seven years’ imprisonment and/or a fine for unlawful possession and, on indictment, up to a maximum period of life imprisonment for unlawful supply,” Mr Cowen said.
Minister for Justice Dermot Ahern earlier held a separate news conference on the plinth at Leinster House to announce that the Government had agreed on a draft of the Criminal Law (Psychoactive Substances) Bill 2010. Under this legislation, the sale or supply of substances for human consumption which may not be specifically proscribed under the Misuse of Drugs Act, but which have psychoactive effects, will be a crime.
It is also proposed to give powers to the Garda and to the courts to intervene quickly to prevent these outlets from selling these products through prohibition orders.
“The safety of the community is being put at major risk by the operation of so-called head shops,” Mr Ahern said. “I am not prepared to allow this to continue.”
The full list of substances banned is on the Department of Health website and includes synthetic cannabinoids, BZP derivatives and mephedrone.
