S.I. No. 551/2011 - Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2011.

“Iris Oifigiúil” of 4th November, 2011.

The Government, in exercise of the powers conferred on them by section 2 (2) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following Order:

1. This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2011.

2. This Order shall come into operation on 1st November 2011.

3. Each of the substances, products and preparations specified in the Schedule is hereby declared to be a controlled drug for the purposes of the Misuse of Drugs Act 1977 (No. 12 of 1977).

SCHEDULE

1. The following substances and products, namely:

(a)2-Benzhydrylpiperidine (otherwise known as Desoxypipradrol).

(b)(3-Amino-2,2-dimethylpropyl) 4-aminobenzoate (otherwise known as Desethyl dimethocaine).

1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl) propan-2-amine (otherwise known as BromodragonFLY).

Dimethocaine.

Methyl (2S,4aR,6aR,7R,10aS,10bR)-9-acetyloxy-2-(furan-3-yl)-6a, 10b-dimethyl-4,10-dioxo-2,4a,5,6,7,8,9,10a-octahydro-1H-benzo[f]iso- chromene-7-carboxylate (otherwise known as Salvinorin A) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.

(8-Methyl-8-azabicyclo[3.2.1]octan-3-yl) 4-fluorobenzoate (otherwise known as Fluorotropacocaine).

Methyl 2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.

Methyl 2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate(otherwise known as 7-Hydroxymitragynine) and any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance.

(c) Any substance (not being bupropion) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:—

(i) by substitution in the phenyl ring to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, alkylenedioxy, haloalkyl or halo substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

(ii) by substitution at the 2 or 3-position of the propanone side-chain with an alkyl substituent;

(iii) by substitution at the nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.

(d) Any substance structurally derived from 2-amino-1-propanone by substitution at the 1-position with any monocyclic, or fused-polycyclic ring system (not being a phenyl ring or alkylenedioxyphenyl ring system), whether or not the substance is further modified in any of the following ways:—

(i) by substitution in the ring system to any extent with alkyl, alkenyl, alkynyl, alkoxy, alkylthio, haloalkyl or halo substituents, whether or not further substituted in the ring system by one or more other univalent substituents;

(ii) by substitution at the 3-position with an alkyl substituent;

(iii) by substitution at the 2-amino nitrogen atom with one or more alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

(e)1, 2, 3, 4-Tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine or any substance structurally derived from 1, 2, 3, 4-tetrahydronaphthalen-2-amine, 1,2-dihydronaphthalen-2-amine or 2,3-dihydro-1H-inden-2-amine by modification in any of the following ways:—

(i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkenyl, alkynyl, alkylthio, alkylenedioxy, haloalkyl, hydroxy or halo substituents, whether or not further substituted by one or more other univalent substituents;

(ii) by mono- or di-substitution at the nitrogen atom with alkyl, alkenyl, alkynyl or haloalkyl groups or by inclusion of the nitrogen atom in a cyclic structure.

(f) Any substance structurally derived from 3-(1-benzoyl) indole or 3-(1-naphthoyl) indole by modification in any of the following ways:—

(i) by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl) ethyl;

(ii) by replacement of one or more hydrogen atoms of any of the substituents referred to in clause (i), with a halo substituent;

whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl or naphthyl ring to any extent.

2. Any stereoisomeric form of a substance specified in paragraph 1.

3. Any ester or ether of a substance specified in paragraphs 1(b) to (f) or 2.

4. Any salt of a substance specified in any of paragraphs 1 to 3.

5. Any preparation or product containing any proportion of a substance or product specified in any of paragraphs 1 to 4.

GIVEN under the Official Seal of the Government,

1 November 2011.

ENDA KENNY,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Order is to declare certain substances, products and preparations to be controlled drugs for the purposes of the Misuse of Drugs Acts 1977 and 1984. The drugs concerned include certain cathinone substances, naphthylpyrovalerone analogues and related substances, synthetic cannabinoid receptor agonists, dimethocaine & desethyl dimethocaine, desoxypipradol, aminotetralins & aminoindans, fluorotropacocaine, bromodragonFLY, salvinorin A, mitragynine and 7-Hydroxymitragynine.