S.I. No. 326/1988 - Misuse of Drugs (Exemption) Order, 1988.

S.I. No. 326 of 1988.

MISUSE OF DRUGS (EXEMPTION) ORDER, 1988.

The Minister for Health in exercise of the powers conferred on him by section 3 of the Misuse of Drugs Act, 1977 (No. 12 of 1977) hereby orders as follows:—

1. This Order may be cited as the Misuse of Drugs (Exemption) Order, 1988.

2. The Misuse of Drugs (Exemption) Order, 1979 ( S.I. No. 29 of 1979 ) is hereby revoked.

3. In this Order—

"animal remedy" has the same meaning as in the Animal Remedies Act, 1956 (No. 41 of 1956);

"medical preparation" has the same meaning as in section 65 of the Health Act, 1947 (No. 28 of 1947) as amended by section 39 of the Health Act, 1953 (No. 26 of 1953);

4. Subsection (1) of section 3 of the Misuse of Drugs Act, 1977 , shall not apply to the controlled drugs specified in the Schedule to this Order.

SCHEDULE

PART I

1. Any medical preparation or animal remedy containing one or more of the following substances, their stereoisomeric forms or any salt of any of the said substances or of their stereoisomeric forms:—

Alprazolam.

Bromazepam.

Camazepam.

Chlordiazepoxide.

Clobazam.

Clonazepam.

Clorazepic Acid.

Clotiazepam.

Cloxazolam.

Delorazepam.

Diazepam.

Estazolam.

Ethyl loflazepate.

Fencamfamin.

Fenproporex.

Fludiazepam.

Flunitrazepam.

Flurazepam.

Halazepam.

Haloxazolam.

Ketazolam.

Loprazolam.

Lorazepam.

Lormetazepam.

Medazepam.

Mefenorex.

Nimetazepam.

Nitrazepam.

Nordazepam.

Oxazepam.

Oxazolam.

Pinazepam.

Prazepam.

Propylhexedrine.

Pyrovalerone.

Temazepam.

Tetrazepam.

Triazolam.

2. Any preparation containing not more than 100 milligrams of methylphenobarbitone or of phenobarbitone (calculated in either case in terms of base) per dosage unit and no other controlled drug and which in the case of an undivided preparation has a concentration of not more than 0.5 per cent of pehnobarbitone (calculated as base) and no other controlled drug.

PART 2

1. (a) Any preparation of one or more of the substances to which this paragraph applies (not being a preparation designed for administration by injection) when compounded with one or more other ingredients and which contains a total of not more than 100 milligrammes of the substance or substances (calculated as base) per dosage unit and which in the case of an undivided preparation has a total concentration of not more than 2.5 per cent. of the substance or substances (calculated as base).

(b) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, ethylmorphine (3-ethylmorphine), nicocodine, nicodicodine (6-nicotinoyldihydrocodeine), norcodeine, pholcodine and their respective salts.

2. Any preparation of dihydrocodeine (not being a preparation designed for administration by injection) containing, per dosage unit, not more than 10 milligrammes of dihydrocodeine (calculated as base) and which in the case of an undivided preparation has a concentration or not more than 1.5 per cent of dihydrocodeine (calculated as base).

3. Any preparation of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base, being a preparation which is compounded with one or more other ingredients in such a way that the cocaine cannot be readily recovered.

4. Any preparation of medicinal opium or of morphine containing, in either case, not more than 0.2 per cent. of morphine calculated as anhydrous morphine base, being a preparation which is compounded with one or more other ingredients in such a way that the optium or morphine cannot be readily recovered.

5. Any preparation of dextropropoxyphene, being a preparation designed for oral administration, containing not more than 135 milligrammes of dextropropoxyphene (calculated as base) per dosage unit or with a total concentration of not more than 2.5 per cent, (calculated as base) in undivided preparations.

6. Any preparation of difenoxin containing, per dosage unit, not more than 0.5 milligrammes of difenoxin and a quantity of atropine sulphate equivalent to at least 5 per cent. of the dose of difenoxin.

7. Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrammes of diphenoxylate calculated as base, and a quantity of atrophine sulphate equivalent to at least 1 per cent. of the dose of diphenoxylate.

8. Any preparation of propiram containing, per dosage unit, not more than 100 milligrammes of propiram calculated as base and which is compounded with at least the same amount, by weight, of methylcellulose.

9. Any powder of ipecacuanha and opium comprising 10 per cent. powdered opium, 10 per cent. powered ipecacuanha root, both well mixed with the remaining 80 per cent. consisting of any other powdered ingredient which contains no controlled drug.

10. Any mixture containing one or more of the preparations specified in this Part of this Schedule, being a mixture of which none of the other ingredients is a controlled drug.

11. Poppy straw.

GIVEN under the Official Seal of the Minister for Health this 8th day of December, 1988.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE.

The effect of this Order is to exempt from the provisions of section 3 of the Misuse of Drugs Act, 1977 (which prohibits the possession of controlled drugs) the preparations specified in the Schedule to the Order. They are essentially preparations in which there are only small quantities of controlled drugs.