by Andrew Carey
WHILE some uncertainty surrounds a number of Limerick drug prosecutions that are still in the legal process, the head of the Garda division has welcomed this week’s ruling by the Court of Criminal Appeal that legislation regarding the possession of certain substances was unconstitutional.
Stating that Limerick Gardaí would maintain the fight against all illegal drugs in society, Chief Superintendent Dave Sheahan said that he has “confidence that the new legislation, when enacted, will continue to assist gardai disrupt the drug distribution network in Limerick.
“While the laws regarding the more serious drugs remains in place and unaffected by the court’s ruling earlier this week, it is important to tackle all drug related issues in society and those include persons found in possession of these specific type of gateway drugs,” he said.
In Tuesday’s Court of Appeal ruling, the judges found that the laws banning the possession of ecstasy, magic mushrooms, certain psychoactive and “head shop” drugs along with the illegal possession of methylethcathinone were invalid.
“There is an constitutional issue of far-reaching importance” the ruling concluded.
On Tuesday night, the Government rushed emergency legislation through the Dáil which would again make the possession of the specific drugs illegal. The new Bill was presented this Wednesday to the Seanad and then to the President for approval.
It is understood that convictions already handed down are unaffected by the ruling and the possession of the 70 or so drugs for sale, supply, import or export is still illegal.
However, Chief Supt Sheahan said that the new legislation will effectively “reinstate the status quo and re-control of the drugs”.
