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A head shop pictured in 2010. Sasko Lazarov/Photocall Ireland

"Business as usual": If gardaí find you with drugs, you'll be prosecuted

It’s probably best not to take any chances.

GARDAÍ HAVE SAID it’s “business as usual” in terms of anyone they find in possession of drugs today.

Yesterday, the Dáil had to sit late to pass emergency legislation in order to reclassify certain drugs – including ecstasy and magic mushrooms – as illegal following a court ruling which has temporarily made them legal.

The Seanad debated the bill today, before signing off on the legislation.

A spokesperson from the Garda Press Office said no increase in drug seizures was noted yesterday.

He told us that legislation remains in place for gardaí to “stop and search people who we believe may be in possession of illegal drugs”.

Anyone found in possession of drugs will face prosecution, he added.

“We will continue to enforce the [Misuse of Drugs Act].”

Yesterday Health Minister Leo Varadkar explained that while certain drugs are temporarily legal, it’s still illegal to sell, supply, export or import such substances.

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

Read: The law to ban ecstasy and loads of other drugs should be signed later today

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35 Comments
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    Mute Cupid Stunt
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    Mar 11th 2015, 2:52 PM

    Well I haven’t seen hordes of people running around out of their heads on mushrooms today. Perhaps the govt have got it wrong and the idea that we need protecting from ourselves is an outdated concept. How about the guards concentrated on applying the laws equally and impartially and not picking and choosing whatever suits them or what political party happenens to be in power.

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    Mute ThE DucKz NuTz
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    Mar 11th 2015, 2:55 PM

    Well said how come the government cant introduce emergency legislation to convict the people who ruined this country….

    182
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    Mute Ryan Anth
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    Mar 11th 2015, 3:08 PM

    I can’t believe they want to waste their time on this either but you’d be surprised (and depressed). As with many upper middle class areas the one I lived in has lots of imaginary crime. When a friend dropped me home one night and we stayed in car talking for a while neighbors had told cops to check the ”suspicious” car out.
    After he dragged me out of the car when I burst into a mix of laughter and incredulity when he replied to my question (would you actually arrest us if we had been smoking joints?) we got into a very strange debate about drug policy which made me utterly despair. I said I looked forward to signing the repeal of these mad laws some day he said why would you want to do that, it’s a waste of your time and talent I said its the biggest social policy failure in history. “They (Drugs) get people killed”, ….but they only get killed because they’re in the hands of criminals instead of a regulated licensed entity…nope…he was buying right into the circular logic.

    To him, I was the crazy one.

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    Mute Verge harry
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    Mar 11th 2015, 4:17 PM

    Such innovative thoughts Ryan.

    Look regardless of your views on drugs surely you can be an adult and see a complete change in drugs policy shouldn’t happen because of a technicality.

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    Mute VinHeffer89
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    Mar 11th 2015, 6:15 PM

    The technicality exposes the ridiculousness of the situation all the more. Hundreds of drugs gave been legal for the last day and a half and life is the exact same as it was in Monday; society hasn’t crumbled, every second Irish citizen isn’t tripping out of their minds, people are still going to work, kids are still going to school, life is the exact same which begs the questions, do we really need these pointless shackles we place ourselves in? Is it time to have a good look at our current drug laws? Can we have a mature and frank discussion about the subject without deteriorating into nonsense arguments, standing up for vested interests or fearmongering?

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    Mute ThE DucKz NuTz
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    Mar 11th 2015, 2:51 PM

    But if your a crooked banker that has cost the tax payer billions your ok continue about your shady business……. the gards are not interested….

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    Mute Hermes
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    Mar 11th 2015, 2:55 PM

    The gardai are very interested in the bankers – but not for legal reasons some might say !
    Look at this – we are going to arrest you under a law that doesn’t exist – Noreen Sullivan should be sacked immediately or sack the Gardaí that released this !
    Let’s lock up homosexuals because it was an offence – that is what this means !

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    Mute Scarr
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    Mar 11th 2015, 3:22 PM

    Arrested today for something that’s illegal tomorrow. Blow the other one, officer.

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    Mute Stuart Keogh
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    Mar 11th 2015, 5:08 PM

    Won’t it be wrongful arrest if they do? Wouldn’t that open them up to be sued? How can you arrest someone under a law that hasn’t been implemented?

    23
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    Mute Ryan Anth
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    Mar 11th 2015, 2:54 PM

    That’s Ireland all over, be safe, dull, dry, predictable, never try anything new or innovative, never pleasantly surprise the world. To put you in jail for what you decide to put into your own body…at the very LEAST we need to decriminalize USE, I don’t need a bunch of overweight chain smoking drunks (many of whom snort coke on a regular basis themselves, even some of the older ones) nannying me thanks.

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    Mute Neal Ireland Hello
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    Mar 11th 2015, 4:48 PM

    There’s nothing new or innovative about poisonous mushrooms.

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    Mute Lao Tzu
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    Mar 11th 2015, 5:21 PM

    Does anyone know how these shops were allowed to open in the first place? Was it because new drugs, psychoactive or otherwise, started to be produced, and there was no legislation in place which included/ named these drugs in the fine print – or so to speak?

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    Mute David Jordan
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    Mar 11th 2015, 10:17 PM

    Pretty much the case Lao Tzu, ironically some of the legal highs are more dangerous then the drugs that they where meant to simulate, meaning the laws that where (allegedly) meant to protect the public endangered them, though that said many legal highs are safe in moderation.

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    Mute Lao Tzu
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    Mar 11th 2015, 11:31 PM

    Thanks, Mr Jordan, it is a legal quagmire – not to mention the ethical aspect which applies morally to those standards and conduct when applicable; I mean, you can’t legislate and ban something which hasn’t yet been produced, or named; yet, as you said, there are naturally created drugs, in nature, which can be of benefit to people when taken in moderation, which are illegal and might help some people.

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    Mute Hermes
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    Mar 11th 2015, 2:52 PM

    The gardai admit they are incapable of obeying the law –
    That’s their credibility stuffed –
    No need for anyone to follow a garda’s direction after this – if they don’t know what the law is then they are without the law !
    I will assume all red thumbs are from the gardai that keep buying houses to rent !

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    Mute Egg Head
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    Mar 11th 2015, 3:00 PM

    Spot on, whoever sanctioned this statement should be disciplined & potentially prosecuted. Who do these lads think they are? Two years in templemore does not qualify you as a legal authority; do as you’re told lads, that’s your job.

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    Mute Egg Head
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    Mar 11th 2015, 2:53 PM

    Well that’s a relief, so long as the guards feel they can dictate on laws & ignore the judgements of our courts, our parliament, and basically apply the constitution & statute book as they see fit then a brighter tomorrow awaits.

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    Mute Jack Dexter
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    Mar 11th 2015, 3:00 PM

    Hi Eggie don’t be slaging the Garda they don’t make the laws, and I bet when your local burglar robs your 42 inch TV you will be calling them to get it back.

    19
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    Mute Egg Head
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    Mar 11th 2015, 3:09 PM

    No they don’t make the laws Jack, but they seem unaware of this fact. If certain drugs are now legal due to the machinations of our court & parliamentary systems, what right have guards to decide to arrest for these legal “offences”? They are legal, guards apply the law, this is a dangerous overstepping of their remit by the guards.

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    Mute Jack Dexter
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    Mar 11th 2015, 3:14 PM

    The Garda are only helping the public no dangerous drugs should be in the hands or mouths of idiots that don’t know what they are taking.-

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    Mute Egg Head
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    Mar 11th 2015, 3:17 PM

    It is not the guards’ place to make that decision. The guards apply & follow the law, they do not dictate social policy. Whoever sanctioned this statement by the gardai should be severely disciplined & possibly prosecuted. Of all people in society, the police force must never be allowed to forget their place.

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    Mute Hermes
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    Mar 11th 2015, 3:27 PM

    Jack – your last post is from the mind of a dictator -Ireland is a constitutional democracy …Your home turf Scotland had a choice to be one as well – but we see that the queen’s education has worked perfectly on the populace – including you !

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    Mute Cupid Stunt
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    Mar 11th 2015, 3:33 PM

    If they don’t know what their doing its probably cos they weren’t educated in the risks. When I were a lad teachers used to smoke in class and no education about it and the health risks involved, ads on tv and radio etc and unsurprisingly more people smoked. The same can be applied to drugs I believe, education is a large part in helping people to see the risks. The guards for their part haven’t applied the law equally and that’s obvious to all. Theirs a lugs brannigan mentality that’s both outdated and counterproductive in a modern democratic state. They belong to the stone age and should be thrown on the scrap heap of history.

    24
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    Mute Tom Red
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    Mar 11th 2015, 2:56 PM

    And all is good in Ireland again…
    No major drug problems over the last 24hrs….
    The Dail bar was the only place that got very messy by all accounts. ..

    61
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    Mute Munster2014
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    Mar 11th 2015, 3:53 PM

    Whoever issued this idiotic statement had better very quickly go and read the court judgement made yesterday. You can’t “enforce” an act on something which is not included in it.

    30
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    Mute Hermes
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    Mar 11th 2015, 2:59 PM

    The gardai broke tax laws in 2011 (I think) didn’t pay their fair share of tax on their wages -
    Any citizen can perform a citizen’s arrest on any garda who was employed by the State at the time – for tax evasion .
    It was reported and admitted in the Sunday Independent !

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    Mute Wayne O'Fathaigh
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    Mar 11th 2015, 3:38 PM

    Nope they can’t citizen arrest are only applicable to someone who you have reasonable cause is in the act of committing or has committed an “arrestable” offence, that is one punishable by more than 5 years in prison & can only be effected if the person has reasonable cause to believe the guilty party will avoid apprehension by the Gardaí!

    But facts and laws don’t apply to you either it seems

    14
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    Mute Hermes
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    Mar 11th 2015, 3:59 PM

    says the guy who is either a member of mi6 or one who gains “intelligence” from same …your blatant and illegal and factually incorrect postings attacking Irish neutrality reveal you for what you are …. that or C.I.A. protecting your coke !
    No-one who lived in Ireland during the Lisbon Treaty 2 would consider Ireland as anything other than neutral – legally and spiritually
    With regard the gardai reasonably arresting themselves for tax evasion – well we have ample proof that they won’t ! – hence the reference to the citizen’s arrest !

    7
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    Mute Hardly Normal
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    Mar 11th 2015, 3:08 PM

    I know where there’s a stash of yoke’s, pay me 100euro and i’ll show you where 10 of them are.. is that dealing or supplying or are you just leading the horse to water??

    23
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    Mute phil
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    Mar 11th 2015, 3:53 PM

    A tenner a pop jeysus they must be good

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    Mute Hardly Normal
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    Mar 11th 2015, 4:41 PM

    nothing but the best

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    Mute Séamus Ó Súileabháin
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    Mar 11th 2015, 4:44 PM

    As I get older my opinion has veered more and more to the idea that every single drug should be legalized. Can anyone honestly say that if heroin was legal that they would give it a go? I think the dramatic decrease in crime rates that would go hand in hand would be an extremely beneficial cause for the government to pursue. Its the responsibility of the individual to make their own decisions. No amount of laws will prevent what’s going on to not continue.

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    Mute VinHeffer89
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    Mar 11th 2015, 7:39 PM

    I’d probably smoke it if I was eighty years old, just to see what the buzz was like. If it was legalised tomorrow I wouldn’t touch it; too much to lose.

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    Mute HRH The Brummie
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    Mar 11th 2015, 3:01 PM

    No way out of this, will have to call Saul…

    17
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    Mute Karl Phelan
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    Mar 11th 2015, 4:51 PM

    The press release is not present on the Garda website. Sharply removed?

    http://garda.ie/PressReleases/Default.aspx

    9
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