Misuse Of Drugs Act 1977 – Prosecutions And Penalties

By Emma Rispin, Legal Executive

The Misuse of Drugs Act 1977 [known herein as ‘the Act’] is the main legislation used to regulate controlled drugs in Ireland. It establishes offences penalties around the possessing and supplying of illegal substances.

A person who is found guilty under S.3 of the Act where the controlled substance is cannabis or cannabis resin, can face a fine not exceeding €300 on a summary conviction and a fine not exceeding €500 on indictment for a first offence. On a second offence, a person shall be liable to pay a fine not exceeding €400 on a summary conviction and a fine not exceeding €1,000 on indictment. However, if found guilty of possession a third time, they may face a fine on a summary conviction not exceeding €1,000 and/or a term of imprisonment not exceeding 12 months.

On conviction on indictment, a fine that the court finds appropriate can be imposed and/or a term of imprisonment not exceeding three years. Where the controlled substance found is anything other than cannabis, a person may face a fine not exceeding €1,000 and/or a term of imprisonment not exceeding 12 months on a summary conviction. Whereas, on an indictable conviction, a fine may be imposed the amount is at the discretion of the court and/or a custodial sentence not exceeding seven years.

Where a person possesses a controlled drug to such a quantity that the court is satisfied it is not for personal use, but for sale and supply, the accused can be found guilty of an offence under S.15 of the Act. In such circumstances, the accused shall be liable on a summary conviction to a fine not exceeding €1,000 and/or a term of imprisonment not exceeding 12 months. However, on conviction on indictment, the accused shall be liable to pay a fine the court finds satisfactory, and/or to serve a life sentence or a much lesser period at the discretion of the court.

When an accused has in their possession one or more controlled drugs for the purpose of sale and supply and where the market value of the controlled drug exceeds €13,000, the accused shall be guilty of an offence under S.15A of the Act. This offence can only be dealt with on indictment and a person could face a term of life imprisonment or a shorter period subject to the view of the court and/or a fine with a fixed amount determined by the court. Previous convictions play a major part in determining the length of one’s sentence. If an accused has already served a previous S.15A, the court may find it necessary to impose a heavier sentence than the last.

Whilst awaiting a sentencing date, the court can make an order for various reports to be prepared for sentencing under S.28 of the Act. This may include a probation report where a probation officer meets with the accused for several appointments and provides the court with recommendations for future treatment. Depending on the circumstances of each case, the court may decide a custodial sentence is appropriate with specific conditions attached. Such as suspending a portion of the custodial sentence to allow the accused to engage with the probation services post-release for rehabilitation purposes.