Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 14th May, 2010.

The Government, in exercise of the powers conferred on them by section 2(2) of the Misuse of Drugs Act 1977 (No. 12 of 1977), hereby make the following Order:

1. This Order may be cited as the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2010.

2. This Order shall come into operation on 11 May 2010.

3. Each of the substances, products and preparations specified in the Schedule is hereby declared to be a controlled drug for the purposes of the Misuse of Drugs Act 1977 (No. 12 of 1977).

SCHEDULE

1. The following substances and products, namely:

(a) 1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone

Dihydroetorphine

[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone

3-Dimethylheptyl-11-hydroxyhexahydrocannabinol

Etryptamine

1-(2-Fluorophenyl)-2-methylaminopropan-1-one

1-(3-Fluorophenyl)-2-methylaminopropan-1-one

1-(4-Fluorophenyl)-2-methylaminopropan-1-one

9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

[9-Hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate

Methcathinone

1-(4-Methoxyphenyl)-2-(methylamino)propan-1-one

2-Methylamino-1-(3,4-methylenedioxyphenyl)butan-1-one

2-Methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one

-Methyl-4-(methylthio)phenethylamine

1-(4-Methylphenyl)-2-methylaminopropan-1-one

Oripavine

Remifentanil

Tapentadol.

(b) Any substance structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(c) Any substance structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(d) Any substance structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

(e) Any substance structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

(f) Any substance structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the cyclohexyl ring to any extent.

(g) 1-Benzylpiperazine or any substance structurally derived from 1-benzylpiperazine or 1-phenylpiperazine by modification in any of the following ways-

(i) by substitution at the second nitrogen atom of the piperazine ring with alkyl, benzyl, haloalkyl or phenyl groups;

(ii) by substitution in the aromatic ring to any extent with alkyl, alkoxy, alkylenedioxy, halide or haloalkyl groups.

2. Any stereoisomeric form of a substance specified in paragraph 1.

3. Any ester or ether of a substance specified in paragraph 1 or 2.

4. The following substances and products, namely:

Amineptine

Aminorex

Amphetaminil

Brotizolam

Butan-1,4-diol

Dihydrofuran-2(3H)-one (otherwise known as gamma-Butyrolactone)

Ketamine

Mesocarb

Zipeprol

Zolpidem.

5. Any stereoisomeric form of a substance specified in paragraph 4.

6. Any salt of a substance specified in paragraph 1, 2, 3, 4 or 5.

7. Any preparation or product containing any proportion of a substance or product specified in any of paragraphs 1 to 6.

GIVEN under the Official Seal of the Government,

11 May 2010.

BRIAN COWEN,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of this Order is to declare certain substances, products and preparations to be controlled drugs for the purposes of the Misuse of Drugs Acts 1977 and 1984. The drugs concerned include certain synthetic cannabinoids, benzylpiperazine derivatives, mephedrone and related cathinones, tapentadol, ketamine, amphetaminil, and certain narcotic and psychotropic substances to comply with the United Nations Single Convention on Narcotic Drugs 1961 and the United Nations Convention on Psychotropic Substances 1971.