Drugs including Ecstasy are legalised in Ireland for one day following accidental loophole

DRUGS such as Ecstasy and ketamine have been legalised until Thursday in Ireland following an accidental loophole in the law, it has been reported.

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Ecstacy has technically been legalised for one day in Ireland

The 1977 Misuse of Drugs Act was found unconstitutional this morning by the Irish Court of Appeal, meaning that the possession of certain drugs, which had been illegal, are effectively now legal to possess.

The Dáil will now sit tonight to pass emergency legislation to reclassify the drugs - of which more than 100 were thought to be affected by the ruling - as illegal, according to The Journal.

The bill will be rushed through but can only take effect on the day after its signature, placing Ireland in a grey area over its drug laws for tomorrow.

Some of the drugs reportedly affected by the ruling include ecstasy, ketamine, magic mushrooms and Benzodiazepines.

However, 125 substances - including cannabis, heroin and cocaine – are not thought to be affected by the judgement.

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The 1977 Misuse of Drugs Act was found unconstitutional by the Irish Court of Appeal

Speaking to reporters today, Health Minister Leo Varadkar explained: “It is still the case that the sale, supply, export or import of such substances remains illegal, even now today.”

According to the Irish Times, the Department of Health released an explanatory memorandum stating that as a result of the judgement, "all substances controlled by means of Government Orders made under section 2(2) cease to be controlled with immediate effect, and their possession ceases to be an offence".

In a statement, the Department said: “There is always a degree of uncertainty about the outcome of court cases. The outcome of this case does not affect existing laws regarding the supply, possession or sale of older drugs such as heroin, cocaine or cannabis.

It is still the case that the sale, supply, export or import of such substances remains illegal, even now today

Leo Varadkar

"It does affect the possession of certain newer psychoactive substances which have been added to the Misuse of Drugs Act 1977 by successive governments. However, we are advised that sale and supply of psychoactive substances remains an offence under existing legislation.

"The State successfully defended the Misuse of Drugs Act 1977 in the original High Court hearing in March 2014. The matter was appealed to the Court of Appeal and the Government made preparations for a possible negative outcome.

"This included the preparation of emergency legislation to be drafted in the event of a negative outcome for the State. It is now important from both a public health and criminal justice perspective that the legislation be enacted as soon as possible."

It is now understood that The Misuse of Drugs Amendment Bill will be considered in the Dáil by the Health Minister between 8pm and 11pm tonight.

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