
2005 No. 360
DANGEROUS DRUGS
The Misuse of Drugs (Amendment) (No. 2) Regulations (Northern Ireland) 2005
Made 2nd August 2005
Coming into operation 8th August 2005
The Department of Health, Social Services and Public Safety in exercise of the powers conferred upon it by sections 7, 10, 22 and 31 of the Misuse of Drugs Act 1971, as adapted by section 38 of that Act and now vested in it and of all other powers enabling it in that behalf and after consultation with the Advisory Council on the Misuse of Drugs in accordance with section 31(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1 
These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 2) Regulations (Northern Ireland) 2005 and shall come into force on 8th August 2005.
Interpretation
2 
The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendment of the Misuse of Drugs Regulations (Northern Ireland) 2002
3 

(1) The Misuse of Drugs Regulations (Northern Ireland) 2002 shall be amended as follows.
(2) After regulation 4 insert—“
Exceptions for drugs in Schedule 1
4A. 

(1) Section 5(1) of the Act (which prohibits the possession of controlled drugs) shall not have effect in relation to a fungus (of any kind) which contains psilocin or an ester of psilocin where that fungus—
(a) is growing uncultivated;
(b) is picked by a person already in lawful possession of it for the purpose of delivering it as soon as is reasonably practicable into the custody of a person lawfully entitled to take custody of it and it remains in that person’s possession for and in accordance with that purpose;
(c) is picked for either of the purposes specified in paragraph (2) and is held for and in accordance with the purpose specified in paragraph (2)(b), either by the person who picked it or by another person; or
(d) is picked for the purpose specified in paragraph (2)(b) and is held for and in accordance with the purpose in paragraph (2)(a), either by the person who picked it or by another person.
(2) The purposes specified for the purposes of this paragraph are—
(a) the purpose of delivering the fungus as soon as is reasonably practicable into the custody of a person lawfully entitled to take custody of it; and
(b) the purpose of destroying the fungus as soon as is reasonably practicable.”.
(3) In Schedule 1, after “Etryptamine” insert “Fungus (of any kind) which contains psilocin or an ester of psilocin”.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 2nd August 2005.
Deirdre Kenny
A senior officer of the
Department of Health, Social Services and Public Safety
