The most recent Misuse of Drugs (Designation) Order (S.I. No. 69/199
lists cannabis, cannabis resin, cannabis and its derivatives as Schedule 1 drugs under the Misuse of Drugs Acts of 1977 and 1984. As a consequence manufacture, production, preparation, sale, supply, distribution and possession of cannabis is unlawful for any purpose, except under license from the Minister for Health, Mary Harney. The gardaí (Irish police) have a level of discretion when dealing with recreational cannabis users. To procure a conviction any cannabis seized has to be sent for analysis to the Garda Forensic Science Laboratory. This, along with the time needed to process the arrest, means that individual gardaí may decide not to arrest for small amounts, Gardaí cannot arrest for simple possession if they are satisfied with the name and address of the offender. if there are enough drugs for sale or supply then Gardaí can arrest but the drug will be seized and the name and address of the individual will be taken. Possession of cannabis is an arrestable offense and, in 2003, 53 per cent of all drug confiscations and 70 per cent of all drug-related prosecutions were for cannabis. Trafficking or possession with intent to supply are serious offenses under Irish law.
Upon being brought to court, the penalties for possession are outlined as follows:
First offense: On summary conviction, to a fine not exceeding €381, or on conviction on indictment, to a fine not exceeding €635.
Second offense: On summary conviction, to a fine not exceeding €508, or on conviction on indictment, to a fine not exceeding €1,269.
Third or subsequent offense: On summary conviction, to a fine not exceeding €1,269 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment.
There is no law against possession or sale of cannabis seeds. However, the growing of cannabis, even for medicinal benefits by genuine sufferers, is often treated harshly by the courts. Various movements have been founded to legalize the drug[citation needed], including an attempt at starting a cannabis legalization political party.[citation needed]
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