These offences are regulated by the Misuse of Drugs Act 1977 as amended,

It is vital that immediate legal advice is sought if you are arrested or charged with an offence under the misuse of drugs acts  as a conviction may have a very serious effect on your career and educational prospects and your ability to travel. If you or a family member are arrested for an offence under this Act or the Gardai wish to take a statement from you in relation to any drugs offence or if you receive a summons or are charged in relation to a drugs charges, you should immediately seek advice from Baxter Mimnagh Solicitors.

There are a number of different offences including:

Possession of controlled drugs – cannabis or cannabis resin

Under the Misuse of Drugs Acts anyone found in possession of cannabis or cannabis resin or any other controlled drug is guilty of an offence subject to an exemption. The penalty imposed by a court depends on what type of drug it is, whether it is a first offence and whether the case is dealt with in the District Court or on indictment in the Circuit Court. Penalties include a fine and/ or prison sentence.

Cultivation – Growing cannabis plants

It is also an offence to grow cannabis plants or opium poppies –

Cases of this nature are commonly known as ‘Growhouse’ cases. Depending on the quantity of plants involved, your case may be dealt with in the District, where there is a maximum term of imprisonment of twelve months or in Circuit Court, where the maximum term of imprisonment is fourteen years.

Possession of controlled drugs for sale or supply

It is an offence to be in possession of a controlled drug with the intention of selling it.

Where the market value of the drugs is €13,000 or more, the person, if convicted, is liable to a minimum sentence of 10 years. This does not apply, however, where the court is satisfied there are exceptional circumstances. Similar penalties apply to someone convicted of importing drugs with a value of €13,000 or more. Baxter Mimnagh Solicitors have extensive experience in representing clients charged with possession of controlled drugs and offences of this nature. We have successfully defended clients, in the circuit court, who have been charged with these offences. We have represented clients who have entered guilty pleas to charges under section 15A. We have successfully put forward mitigation for our clients which allowed the court to depart from the mandatory minimum sentence of 10 years.

Possession of drugs at music festivals (Electric Picnic, Longitude, Forbidden Fruit, Body & Soul )

We have represented clients throughout the country who have been summoned to appear in court having been found in possession of drugs at a music festivals.