Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 4th November, 2011.

I, RÓISÍN SHORTALL, Minister of State at the Department of Health, in exercise of the powers conferred on me by section 3 of the Misuse of Drugs Act 1977 (No. 12 of 1977) and the Health (Delegation of Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 493 of 2011 ), hereby order as follows:

Citation

1. This Order may be cited as the Misuse of Drugs (Exemption) (Amendment) Order 2011.

Interpretation

2. In this Order, the "Principal Order" means the Misuse of Drugs (Exemption) Order 1988 ( S.I. No. 326 of 1988 ), as amended by the Misuse of Drugs (Exemption) (Amendment) Order 1993 ( S.I. No. 339 of 1993 ) and the Misuse of Drugs (Exemption) (Amendment) Order 2010 ( S.I. No. 202 of 2010 ).

Amendment of Part 1 of the Schedule to the Principal Order

3. Part 1 of the Schedule to the Principal Order is amended by inserting the following after paragraph 3:-

"4.Any plant of any kind or description, which contains 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]isochromene-7-carboxy- late (otherwise known as Salvinorin A), where that plant is growing uncultivated.

5. Any plant of any kind or description, which contains 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), where that plant is growing uncultivated.

6. Any plant of any kind or description, which contains 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) or an ester or ether of 7-hydroxymitragynine, where that plant is growing uncultivated."

GIVEN under my Hand,

1 November 2011.

RÓISIN SHORTALL,

Minister of State at the Department of Health.

EXPLANATORY NOTE

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

The effect of this Order is to amend the Misuse of Drugs (Exemption) Order 1988 so as to exempt from the provisions of section 3 of the Misuse of Drugs Act 1977 (which makes the possession of controlled drugs an offence) plants containing Salvinorin A or plants containing Mitragynine or 7-Hydroxymitragynine where such plants are growing uncultivated.