Government to rush through emergency legislation tonight after court strikes down law on legal highs

The Government is being forced to rush through emergency legislation in the Dail tonight after the Court of Appeal has struck down a law banning so-called legal highs.

Until the new emergency legislation is passed,  possessing a range of substances "including ecstasy, benzodiazepines and new psychoactive substances, so-called ‘‘headshop drugs" are legal.

"All substances controlled by means of Government Orders made under section 2(2) cease to be controlled with immediate effect, and "their possession ceases to be an offence," the memorandum explaining the emergency bill states.

According to the document, the judgment has no implications for the approximately 125 substances, including cannabis, heroin and cocaine, as they are outlawed by another area of the bill.

Earlier, a Government regulation declaring illegal a psychoactive substance sold lawfully in “Head Shops” until 2011 was found to be unconstitutional.

In what the Court of Appeal said was a “constitutional issue of far-reach importance”, the three-judge court unanimously said a regulation making the possession of methylethcathinone illegal was invalid.

The court said Section 2(2) of the 1977 Misuse of Drugs Act, under which the regulation was brought in, was unconstitutional because it purports to vest in the Government with law making powers which are in the exclusive authority of the Oireachtas. The State indicated today it may seek to appeal the decision to the Supreme Court on a point of exceptional public importance.

However, on foot of the Court’s decision, the Dail agenda for today has been amended on foot of the judgement and will sit until 11.30pm this evening.

Health Minister Leo Varadkar is to bring the Misuse of Drugs Amendment Bill 2015 to the Dail this evening for a three hour debate. All stages of the bill are to be discussed before a vote is taken.

The bill will then go the Seanad tomorrow morning before being sent to President Michael D Higgins for his signature.

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Source: Daniel McConnell and Niall O'Connor, Irish Independent, 10/03/15