The Supreme Court will hear an appeal by the State in the case taken by Stanislav Bederev over the Misuse of Drugs Act 1977. It granted leave to Ireland, the Attorney General and the Director of Public Prosecutions in a determination delivered on 28 October 2015.
Mr Bederev was charged on 26 April 2012 with drugs offences involving possession and possession with intent to sell. The charge sheets were amended on 8 October 2012 to name methylmethcathinone instead of mephedrone. The 2011 Order had made methylmethcathinone a controlled substance, and it had previously been legally available and usually sold in head shops.
He took separate proceedings seeking a declaration that section 2(2) of the Act was invalid under Article 15 of the Constitution. The High Court dismissed his case. On 10 March 2015, the Court of Appeal allowed his appeal and declared that section 2(2) and the 2011 Order were invalid.
The Court of Appeal found that the section left the government free to decide which substances to control, without enough guidance in the legislation. It held that this amounted to law-making power that belongs to the Oireachtas.
The State argues that the Court of Appeal was wrong, and says the ruling has affected a number of pending prosecutions. It said three applications had been made for inquiries into the legality of detention of people convicted of related offences. Two of those applicants are now appealing the refusal of their applications.
Mr Bederev opposed leave. He argued that the matter was moot and that he was entitled to finality.
The Supreme Court said the constitutional status of an Act of the Oireachtas is itself a matter of general public importance. It heard oral submissions on the arguments the State wishes to make. The precise issues will be set at a directions hearing.