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  1. chillinwill
    GARDAÍ may prosecute head shop owners if it can be proved that their products, sold as legal highs, cause injury.

    Chief Superintendent Michael Finn told the Cork City Joint Policing Committee yesterday that gardaí have sought legal advice on the issue.

    He said certain pieces of legislation around reckless endangerment have been explored to establish if a prosecution could be brought in cases where it can be proven that injury of some degree has been caused to an individual as a result of the consumption of a head shop product.

    "Just because something is not illegal, doesn’t mean it’s good for you. Parents need to be vigilant," he warned. He told the committee that drugs squad officers have raided several head shops in the city and removed illegal products, including an amount of cannabis from one outlet recently.

    And he said a drop in the number of offences for the possession of drugs for personal use last year may be linked to the proliferation of head shops.

    He assured committee members that drug squad officers are closely monitoring the situation and he welcomed the planned introduction in June of legislation banning certain products.

    Labour TD Kathleen Lynch said it is essential that the Government deals with the issue quickly.

    She backed Senator Jerry Buttimer’s call for planners to report on how the issue could be tackled from a planning perspective.

    Fianna Fáil TD Noel O’Flynn said: "This is one of the most serious issues to confront us as a society. I hope the law will be fast enough to catch up and chase these drugs as soon as they emerge."

    The Government moved earlier this week to ban a range of substances sold as legal highs from head shops.

    The possession and sale of six items, including ketamine, synthetic cannabinoids or so-called SPICE products, and BZP derivatives, will be illegal from June under the Misuse of Drugs Act.

    The Oireachtas Justice Committee is also holding investigations into head shops and will investigate if they can be banned.

    By Eoin English
    March 6, 2010
    Irish Examiner
    http://www.examiner.ie/ireland/head-shops-may-be-prosecuted-on-injury-grounds-113866.html

Comments

  1. Abrad
    So the Gardai seem to be implying that they intend to harass people who are operating completely inside the law. Lovely!
  2. Coconut
    Can we sue pubs, clubs and off-licences too? If head shops are sued on these grounds, it will prove once and for all that everyone is not considered equal under the law, and I dare anybody to try and argue otherwise.
  3. Abrad
    What a joke this country has become. And a sad and sorry one too. Oh how I would love to be in a position to leave for the Netherlands or, well, anywhere really!
  4. ianzombie
    Swim is getting sick of it all.
    Where are the groups lobbying against off-licences and pubs?
    Why are the media, government and all other groups ignoring the biggest selling legal high in the country, alcohol?

    Can we not have a bit of fucking balance please!

    Swim nearly pissed himself one night when he heard a radio caller who was obviously under the influence of a few pints saying how these headshops need to be banned!!

    Swim will use any law that is passed against 'legal highs' against places that sell alcohol because it is only when the rest of the country realise that alcohol is also a legal high they will see the hypocrisy of it all. It wont be until their socially acceptable drug of choice is under the same scrutiny and threat that they will take notice of how stupid this all has been.

    You can bet your arse that if 'Paddy Local' was told his pint of plain was to be banned there would be riots on the streets.
  5. Thirdedge


    Surely a positive thing, less people purchasing illicit street drugs from criminals and going to jail for it, due to legal alternatives being available. Now if the government would just put some regulations on dosage and quality controls in place it could be a win win situation for everyone.
  6. dmtHELLA
    Well. Synthetic Cannabinoids may cause cancer. We will see the long term effects in the next 10 years. Ketamine shouldn't be sold in headshops. And SPICE is a cocktail of unknown chemicals. Weed just shouldn't be in a headshop... if it is for "tobacco only" then don't carry bud.

    Alcohol makes people angry, aggressive, and potentially dangerous.

    Weed makes people lazy, sleepy, and very passive.

    Which type of people would the government rather piss off?
  7. Alfa
    This is highly unlikely. The ADME tests on JWH-018 proved the contrary: it doesnt cause cancer.
    But this is some off topic. There are threads about this.

    The injury prosecution may be a good thing, if they need to scientifically prove injury has been caused by legal highs. Headshops would do much better if they would limit their product range to those products that do not cause obvious real harm. And it would indeed allow to put alcohol ad cigarettes on one line with legal highs. IMHO the solution lies in having a regulated class of drugs, which includes alcohol and cigarettes.
  8. podge
    Just to clarify - Ketamine, to swims knowledge has not been sold in headshops. And if it were it was definately done illegally. Swim thinks he saw a post the other day by "Coconut" which said ketamine has been moved under the "Misuse of drugs act", before this it was definately under the "Medicines act" which also would have prohibited its sale by headshops.

    Prosecuting on the grounds of injury claims, this is ridiculous. Before we even start wondering if this will also be applied to alcohol and nicotine - which realistically, it wont, we should also be wondering can this applied to everyday items. If somebody buys a knife and then falls on it - can they prosecute the shop it was sold in, or could they prosecute the knife manufacturers, or maybe the guys who designed the knife without a fail safe for clumsy users who fall on it? Do we start prosecuting car manufactures when somebody decides to break the speed limit? Yes there is quite a bit of sarcasm there but its a valid issue, can we prosecute certain people because other people (assuming they are of adult age) are ignorant/irresponsible ?

    Look i dont like headshops, i dont use headshops, and neither does swim really. I dislike that they dont label everything correctly, i dislike that many sell to people to underage people, i dislike that many headshop staff are fairly clueless to their own products..... but prosecution by injury claim is unreasonable, as Alpha said they may have a hard time prosecuting if they need scientific data on drugs which havent been analyzed fully, but honestly i think enough media uproar, with an interview or two with some concerned parents will probably trump any scientific evidence in question.

    Regulation is the key, preferably legalisation of the "classic" street drugs which at least we have some data on due to decades of usage, as opposed to all these chems which have an unknown damage profile over time. Legalisation of the "classics" would hopefully steer people away from these new drugs until more research has been done. But this is wishful thinking , we are still quite some time away from the time when rational and reason are implemented into drug policy reform. By the looks of things, in a few months we are going to have exactly what we have now ..... a black market with no quality control, except with a much larger menu.
  9. Terrapinzflyer
    maybe things are different in the US...we are a "sue happy" nation.

    The turtle remembers buying a chainsaw some years ago (a swedish company I believe) He knew the shop owner quite well - and he opened the manual to a page showing a man sitting on a limb cutting the limb on the tree side- with a big X (don't do this). He just rolled his eyes- "you won't believe how much they had to pay..." Then the classic "drying the cat in the microwave" lawsuit...

    ...but- we all know the plant food/bath salt thing is a bad monty python sketch- wink,wink- know what i mean. They damn well know what they are selling the products for, and to absolve oneself claiming "oh- it was not for human consumption"...

    Whether we are talking about major corporations like Archer Danils Midland or GE, or head shops selling these products- I think people need to be held accountable for their actions. It's impossible to claim a moral high ground for change...
  10. podge
    I agree with you 100% here, i think that the people who get hurt due to use or misuse of these drugs should take responsibility for their actions, they made the choice to buy and ingest the chemical, underestimating the dangers of taking any drug is a foolish mistake, with proper education hopefully this could be combated. Headshops and headshop staff should certainly have to adhere to certain standards though.
  11. sandoz1943
    Let's just blame someone else when ever someone gets hurt dong something they shouldn't have been doing. You don't hear about someone suing Home Depot or the chain saw manufacturer when they get hurt using a chain saw. No they tell them that they didn't read the instructions or operated the saw in an unsafe manor. Drugs can be as safe or unsafe as operating a chain saw people do it every day with out injuring themselves but if you don't know what you are doing or you do it in an unsafe manor your gonna fuck yourself up and rightly so.
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