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Loophole means ecstasy and loads of other drugs are now legal (but only until Thursday)

It follows a court ruling this morning.

Updated 6.15pm

THE DÁIL IS to sit late tonight to pass emergency legislation in order to reclassify certain drugs, including ecstasy and magic mushrooms, as illegal following a court ruling this morning which has temporarily made them legal.

A ruling in the Court of Appeal on the Misuse of Drugs Act 1977 this morning effectively means that the possession of certain drugs, which had been illegal, is currently legal.

The court ruling found that the 1977 Act was being added to via ministerial order without recourse to the Oireachtas, in violation of article 15 of the Constitution.

Ministerial orders had been used nine times since the Act’s inception to outlaw the possession of drugs like ecstasy, ketamine, magic mushrooms, benzos and other drugs.

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.”

The ruling could impact on a small number of current court cases that are being prosecuted under the 1977 Act. It will not impact on existing convictions under the Act.

The ruling means that TDs must pass emergency legislation tonight in order to make these drugs illegal again. The bill will then go to the Seanad tomorrow.

The new bill includes a provision that says it can only take effect on the day after it’s signed into law, meaning that the law will not come into force until 12am on Thursday.

It’s understood that party whips were informed of the potential need for emergency legislation last week but were told it was “highly confidential” until the court ruling was handed down.

The need for emergency legislation means that Sinn Fein’s private members’ bill, which calls for emigrants to be allowed vote in presidential elections, has been postponed to tomorrow evening between 6.30pm and 9.30pm.

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

First published 12.08pm

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136 Comments
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    Mute Mary Linton
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    May 22nd 2025, 11:23 AM

    So …..18 weeks is something to be applauded / celebrated???? Time to bring in an external contractor …..increase the days work to say, 10hrs & wotlrk away at weekends / Sundays. A realistic feasible target should be a Month, 6 weeks tops. Clapping & back slapping for 18weeks is so typically ‘ Irish’

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    Mute Liam23
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    May 22nd 2025, 12:38 PM

    @Mary Linton: they hope to bring it down to 10 weeks within 6-12 months. Also could do with the 4000 who couldn’t don’t their test due to invalid NCT, Insurance, Tax etc using their brains a bit

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    Mute Jim
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    May 22nd 2025, 11:23 AM

    Comments not open on the SPHE article but the recurring problem of driving test backlogs? Fire away.

    The SPHE article is little more than the continuation of agnogenesis by the corrupt Irish government.

    The content has been proven to be in school libraries & the education developmental plan has it in there.

    The article states the Department of Education say the complaints were as a result of a “campaign” – so? Other types”campaigns” are fine but not this one?

    More denigrating of parents concerns & exhibits the complete distain the corrupt Irish government have for the majority of the Irish people.

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    Mute Kylie More-Rode - Ballyer Drag Queen
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    May 22nd 2025, 11:24 AM

    @Jim: You’re the chemical castration case study, mate.

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    Mute Jim
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    May 22nd 2025, 11:24 AM

    @Jim: that makes the SPHE article little more than propaganda for the “Ministry of Truth”

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    Mute Jim
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    May 22nd 2025, 11:26 AM

    @Kylie More-Rode – Ballyer Drag Queen: coming from you, someone who is mostl likely a beneficiary of that process, I’ll take it as your mental health issues make you believe your comment is clever & valid

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    Mute Kylie More-Rode - Ballyer Drag Queen
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    May 22nd 2025, 11:30 AM

    @Jim: If you have been affected by this story, call the helpline at 1-800-ARBRHILL. Get some help with your twisted resentments and character defects before you injure yourself!

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    Mute Jim
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    May 22nd 2025, 12:27 PM

    @Kylie More-Rode – Ballyer Drag Queen: you ok Hon?

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    Mute Liam23
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    May 22nd 2025, 12:38 PM

    @Jim: you’re great fun Jim

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    Mute Jim
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    May 22nd 2025, 12:48 PM

    @Liam23: I know, thanks

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    Mute Jack Dermody
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    May 22nd 2025, 11:22 AM

    Skibbereen Rugby got a big shout out….

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    Mute Jimmy Savage
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    May 22nd 2025, 1:05 PM

    Can confim, my test eta came forward 4 weeks

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    Mute Kylie More-Rode - Ballyer Drag Queen
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    May 22nd 2025, 11:22 AM

    RSA is a joke. Why is Liz O’Donnell not called in and fired? Well got PD luvvie from SoCoDublin.

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    Mute Connor Savage
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    May 22nd 2025, 1:53 PM

    It’s not unprecedented demand. It’s an understaffed department with regular demand. But every department is the same. All badly dysfunctional pre-covid, staff culled and less people reinstated. Absolute joke.

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    Mute Sean Hayes
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    May 22nd 2025, 3:03 PM

    @Connor Savage: Agreed. We need to hire more public servants

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    Mute Mark R
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    May 22nd 2025, 4:50 PM

    How did they shave 5 weeks off the waiting list in 21 days? Have a load of testers working from home since Covid returned back to their office? Is there a system the likes of HSE and BAM can implement to improve productivity?

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    Mute Big Haus
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    May 22nd 2025, 1:18 PM

    Drogheda is the biggest town in Ireland and still no test center

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    Mute Felix Nzekwe II
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    May 24th 2025, 9:36 AM

    18 weeks is still a joke. Get back to me when it’s down to max 5 weeks

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