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MISUSE OF DRUGS ACT 1981 - SECT 5B

5B .         Authorisation under Medicines and Poisons Act 2014

        (1)         In this section —

        appropriate licence has the meaning given in the Medicines and Poisons Act 2014 section 12;

        appropriate permit has the meaning given in the Medicines and Poisons Act 2014 section 12;

        professional authority has the meaning given in the Medicines and Poisons Act 2014 section 3.

        (2)         For the purposes of this Act the manufacture or preparation of a prohibited drug is authorised under the Medicines and Poisons Act 2014 if the prohibited drug is manufactured —

            (a)         under an appropriate licence or a professional authority; and

            (b)         in accordance with regulations made under that Act.

        (3)         For the purposes of this Act, the sale or supply of a prohibited drug is authorised under the Medicines and Poisons Act 2014 if the prohibited drug is supplied —

            (a)         under an appropriate licence, an appropriate permit or a professional authority; and

            (b)         in accordance with regulations made under that Act.

        (4)         For the purposes of this Act, a person is authorised under the Medicines and Poisons Act 2014 to manufacture, prepare, sell or supply a prohibited drug if —

            (a)         the person —

                  (i)         holds an appropriate licence or an appropriate permit that authorises the manufacture or supply of the drug; or

                  (ii)         is authorised by a professional authority to manufacture or supply the drug; or

                  (iii)         is an employee or agent of a person referred to in subparagraph (i) or (ii);

                and

            (b)         the manufacture, preparation, sale or supply is in accordance with the licence, permit or authority.

        (5)         For the purposes of this Act, a person is authorised under the Medicines and Poisons Act 2014 to possess a prohibited drug if —

            (a)         the drug is a Schedule 4 or 8 poison as defined in the Medicines and Poisons Act 2014 section 3 and possession of the drug by the person would not be an offence under the Medicines and Poisons Act 2014 section 14(4); or

            (b)         the drug is a Schedule 9 poison as defined in the Medicines and Poisons Act 2014 section 3 and possession of the drug by the person would not be an offence under Medicines and Poisons Act 2014 section 17.

        (6)         For the purposes of this Act a person is authorised under the Medicines and Poisons Act 2014 to use a prohibited drug if the drug is prescribed for the person by the holder of a professional authority who is authorised under the Medicines and Poisons Act 2014 to prescribe the drug to the person and the use is in accordance with the instructions of the prescriber.

        (7)         For the purposes of this Act, an investigator as defined in the Medicines and Poisons Act 2014 section 3 is authorised to supply, obtain or possess a prohibited drug if the drug is supplied, obtained or possessed in the course of conducting an investigation under that Act.

        [Section 5B inserted: No. 13 of 2014 s. 169.]



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