Ecstasy, Other Drugs Made Temporarily Legal in Ireland

Syringe, needle, and spoon with white powder
100 drugs were temporarily legalized in Ireland this week.
Image:  Shutterstock
Lawmakers in Ireland have moved today to close a loophole that temporarily made it legal to possess Ecstasy, crystal methamphetamine, ketamine, magic mushrooms, and many other recreational drugs.

The error occurred earlier this week, when an appeals court invalidated one section of the Misuse of Drugs Act of 1977.  A man being prosecuted for possession of methylethcathinone challenged the High Court by saying that current regulations were unconstitutional.  While the High Court had previous ruled in the government’s favor, this time they went with the prosecution, ruling that 100 of the drugs listed in the 1977 Act had not been added by the Irish Parliament and were therefore exempt from restrictions.

This effectively means that, for a short time, it is legal in Ireland to possess these drugs.  Selling, supplying, importing, or exporting them is still illegal, however.

In a written statement released on Tuesday, Minister for Health Leo Varadkar pointed to the emergency legislation he introduced to counteract this loophole, saying that it would “re-instate the status quo ante and re-control all drugs that were controlled prior to this judgment."

Varadkar’s legislation is expected to be approved by the President today, which would make possession of those drugs illegal as of midnight.  Varadkar stressed the health risks of the temporarily legalized drugs, saying that they outweigh any perceived benefit.

Interestingly, heroin, LSD, cannabis, and cocaine were not affected by any of this, remaining illegal throughout.

Though these rulings could potentially have an impact on some substance possession cases, it’s likely that only a small number of those dealing with existing convictions will actually be eligible to appeal.  The Director of Public Prosecutions may have to look at each case individually.

An overhaul of related legislation is expected later this year.

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