Justice Department Targets 'Head Shops'

The Minister for Justice and Law Reform, Mr Dermot Ahern T.D., has published the General Scheme of the Criminal Justice (Psychoactive Substances) Bill.

Under the proposed Scheme, the sale or supply of substances which are not specifically proscribed under the Misuse of Drugs Acts, but which have psychoactive effects, for human consumption will be a criminal offence.  

The Scheme will give appropriate powers to the Garda Síochána and the courts to intervene quickly to prevent outlets from selling these products by way of appropriate prohibition orders. 

The Scheme will also contain full search and seizure powers for the Gardaí and Revenue's Customs Service.

This Scheme is part of the Government's multi-pronged approach targeting the activities of head shops. Under the the Government order of 11 May, the Minister for Health and Children made the necessary statutory instruments to make the sale of substances commonly sold in head shops subject to criminal sanctions under the Misuse of Drugs Acts.

However, experience has shown that new psychoactive substances can quickly emerge. The Minister is aware of reports that this is already happening in head shops in Ireland.  

Accordingly, the Minister is proposing by way of this Scheme to provide a general criminal justice response to deal with the supply of new psychoactive substances as they emerge. The Scheme will operate in addition to the Misuse of Drugs Acts controls.  

The Bill is being drafted as a matter of priority and the Minister hopes to publish it as soon as possible.

The Minister said: "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. However, I am conscious that further action is necessary to deal with the emergence of potentially dangerous new substances not covered by the ban. 

"Accordingly, I am proposing [this] Bill to ensure that the criminal law and the Gardaí can deal quickly and effectively with those who sell psychoactive substances for human consumption.  The Bill is being drafted as a matter of priority and I look forward to publication and enactment of the Bill as soon as possible."

The Minister's proposals are intended to operate in conjunction with a number of other avenues which are being pursued by Government, including the regulations introduced by the Minister for Health and Children on 11 May under the Misuse of Drugs Act 1977 which prohibit the possession and supply of a number of substances including mephedrone, synthetic cannabinoids and BZP derivatives.  

The activities of head shops are being closely monitored on an ongoing basis by An Garda Síochána and Revenue's Customs Service, with a view to ensuring that no illegal substances are being sold. 

As part of the multi-pronged approach, relevant Government agencies are reviewing existing legislative provisions to establish if head shops are liable for prosecution under a range of legislation.

The HSE, in association with partner agencies under the Drugs Strategy, is finalising a national drugs awareness campaign that will focus on the dangers of psychoactive substances available through head shops. 

The National Advisory Committee on Drugs has been asked to carry out some targeted research in this area.