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Misuse of Drugs Act 1977 Wiki2Web Clarity Challenge

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Study Guide: Irish Drug Regulation and Legal Framework

Cheat Sheet:
Irish Drug Regulation and Legal Framework Study Guide

Legislative Framework and Purpose

The Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, and the Criminal Justice (Psychoactive Substances) Act 2010 are the primary legislative acts governing drug regulation in Ireland.

Answer: False

Explanation: The primary legislative acts governing drug regulation in Ireland include the Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, the Misuse of Drugs Act 2015, and the Criminal Justice (Psychoactive Substances) Act 2010. The statement omits the 2015 Act.

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The fundamental purpose of Ireland's Misuse of Drugs Acts and the Criminal Justice (Psychoactive Substances) Act is to define and penalize the illegal production, possession, and distribution of drugs.

Answer: True

Explanation: The fundamental purpose of Ireland's legislative framework concerning controlled substances, encompassing the Misuse of Drugs Acts and the Criminal Justice (Psychoactive Substances) Act, is to define and penalize the unlawful production, possession, and distribution of such substances.

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The Misuse of Drugs Regulations 1988 are the only regulations governing the scheduling and monitoring of drugs in Ireland.

Answer: False

Explanation: The Misuse of Drugs Regulations 1988, while foundational, are supplemented by several subsequent amendment regulations that also govern the scheduling and monitoring of drugs in Ireland.

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The Irish Statute Book is the official source for accessing the texts of the Misuse of Drugs Acts and associated regulations.

Answer: True

Explanation: The Irish Statute Book serves as the authoritative repository for accessing the official texts of the Misuse of Drugs Acts and their associated regulations.

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The notation 'added by [year] Regulations' signifies that a substance was introduced into the Misuse of Drugs Act schedules through specific amendment regulations from that year.

Answer: True

Explanation: The notation 'added by [year] Regulations' indicates that a substance was incorporated into the schedules of the Misuse of Drugs Act via specific amendment regulations enacted in that particular year.

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The term 'derivatives thereof' means that only the specifically listed substance is controlled within that schedule.

Answer: False

Explanation: The term 'derivatives thereof,' when appended to a substance listing in a schedule, signifies that chemical compounds derived from the listed substance are also subject to the same controls within that schedule.

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Which of the following is NOT listed as a primary legislative act governing drug regulation in Ireland?

Answer: Psychoactive Substances Act 1990

Explanation: The primary legislative acts governing drug regulation in Ireland include the Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, and the Misuse of Drugs Act 2015, along with the Criminal Justice (Psychoactive Substances) Act 2010. The Psychoactive Substances Act 1990 is not listed as a primary act in this context.

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Where can one find the official, authoritative texts of the Misuse of Drugs Acts and related regulations in Ireland?

Answer: The Irish Statute Book

Explanation: The Irish Statute Book serves as the authoritative repository for accessing the official texts of the Misuse of Drugs Acts and their associated regulations.

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What does the term 'derivatives thereof' imply in the context of drug scheduling?

Answer: Substances chemically derived from the listed compound are also controlled.

Explanation: The term 'derivatives thereof,' when appended to a substance listing in a schedule, signifies that chemical compounds derived from the listed substance are also subject to the same controls within that schedule.

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The Misuse of Drugs Regulations 1988, along with subsequent amendments, primarily detail:

Answer: The specific requirements for drug distribution and monitoring.

Explanation: The Misuse of Drugs Regulations 1988, along with subsequent amendments, primarily detail the specific requirements for the distribution and monitoring of controlled substances.

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What is the significance of the 'added by [year] Regulations' notation?

Answer: It shows when the substance was added to a specific schedule via amendment regulations.

Explanation: The notation 'added by [year] Regulations' indicates that a substance was incorporated into the schedules of the Misuse of Drugs Act via specific amendment regulations enacted in that particular year.

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The term 'psychoactive substances' primarily relates to which Act mentioned in the source?

Answer: Criminal Justice (Psychoactive Substances) Act 2010

Explanation: The term 'psychoactive substances' is directly associated with the Criminal Justice (Psychoactive Substances) Act 2010.

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Regulatory Authority and Judicial Review

In 2015, the Irish Court of Appeal ruled that Section 2(2) of the Misuse of Drugs Act 1977 violated the constitution due to concerns about the separation of powers.

Answer: True

Explanation: In 2015, the Court of Appeal of Ireland declared Section 2(2) of the Misuse of Drugs Act 1977 unconstitutional, citing concerns related to the principle of the separation of powers between the executive and the legislature.

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The 2015 constitutional challenge focused on the Oireachtas's authority to define which drugs are considered dangerous, arguing this power should belong to the government.

Answer: False

Explanation: The 2015 constitutional challenge centered on the assertion that the authority to define dangerous or misused substances rests exclusively with the Oireachtas, rather than the government.

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Following the 2015 Court of Appeal ruling, drugs like ecstasy and ketamine became permanently illegal in Ireland.

Answer: False

Explanation: The 2015 Court of Appeal ruling inadvertently resulted in the temporary legalization of substances such as ecstasy and ketamine in Ireland, a situation that persisted for approximately 24 hours.

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The legal status of drugs affected by the 2015 ruling was permanently resolved by the Court of Appeal's decision in Bederev v Ireland.

Answer: False

Explanation: The legal status of drugs affected by the 2015 ruling was ultimately resolved by the Irish Supreme Court's decision in the case of *Bederev v Ireland*, which overturned the Court of Appeal's initial judgment.

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Under the Misuse of Drugs Act, the Minister for Health is responsible for creating regulations to schedule drugs based on their medical usability and public risk.

Answer: True

Explanation: The Misuse of Drugs Act empowers the Minister for Health to promulgate regulations that schedule controlled substances, categorizing them according to their perceived medical utility and potential risks to public health.

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Independent.co.uk reported that ecstasy, ketamine, and crystal meth were temporarily legal in Ireland for about a week after the 2015 ruling.

Answer: False

Explanation: Independent.co.uk reported that ecstasy, ketamine, and crystal meth were temporarily legal in Ireland for approximately 24 hours following the 2015 ruling, not for a week.

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The Oireachtas, Ireland's parliament, has the exclusive authority to legislate on drug classification matters.

Answer: True

Explanation: As affirmed by judicial review, the Oireachtas, Ireland's national parliament, possesses the exclusive authority to legislate on matters pertaining to drug classification.

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What was the primary reason cited by the Court of Appeal for declaring Section 2(2) of the Misuse of Drugs Act 1977 unconstitutional in 2015?

Answer: It infringed upon the separation of powers between the government and the Oireachtas.

Explanation: The Court of Appeal declared Section 2(2) of the Misuse of Drugs Act 1977 unconstitutional primarily due to concerns regarding the separation of powers, asserting that the Oireachtas, not the government, should hold exclusive authority over defining dangerous substances.

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Who is empowered by the Misuse of Drugs Act to make regulations for scheduling drugs based on medical usability and risk?

Answer: The Minister for Health

Explanation: The Misuse of Drugs Act empowers the Minister for Health to create regulations for scheduling drugs, basing these decisions on the substances' perceived medical utility and potential risks to public health.

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What is the role of the Oireachtas concerning drug classification according to the court ruling mentioned?

Answer: To exclusively hold the authority to define dangerous or misused substances.

Explanation: According to the court ruling, the Oireachtas holds the exclusive authority to legislate on matters concerning drug classification, including defining dangerous or misused substances.

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Schedule 1: High-Risk Substances

Substances in Schedule 1 are classified as having no medicinal or scientific value and are illegal due to their high potential for abuse.

Answer: True

Explanation: Substances designated under Schedule 1 are characterized by a lack of recognized medicinal or scientific value and are deemed illegal due to their substantial potential for abuse.

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Naturally occurring substances like cocaine, heroin, and morphine are listed under Schedule 1 of the Misuse of Drugs Act.

Answer: False

Explanation: Naturally occurring substances such as cocaine and morphine are listed under Schedule 1 of the Misuse of Drugs Act; however, heroin is classified under Schedule 2.

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Cannabis and cannabis resin (hashish) are explicitly classified under Schedule 1 of the Misuse of Drugs Act.

Answer: True

Explanation: Cannabis and cannabis resin, commonly known as hashish, are explicitly designated under Schedule 1 of the Misuse of Drugs Act.

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N,N-Diethyltryptamine and N,N-Dimethyltryptamine are listed under Schedule 1 as derivatives of psilocin.

Answer: False

Explanation: N,N-Diethyltryptamine and N,N-Dimethyltryptamine are listed under Schedule 1 as derivatives of tryptamine, distinct from psilocin which is also listed in Schedule 1.

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Schedule 1 includes complex compounds like N-(1-Benzyl-4-piperidyl)propionanilide and substances such as 4-Methyl-aminorex.

Answer: True

Explanation: Schedule 1 encompasses complex chemical compounds such as N-(1-Benzyl-4-piperidyl)propionanilide, alongside substances like 4-Methyl-aminorex, which was added by the 1993 Regulations.

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Cannabinol is listed under Schedule 1, but it is not included if it is part of cannabis or cannabis resin.

Answer: True

Explanation: Cannabinol is listed under Schedule 1, with a specific exclusion stating it is not controlled under this schedule when it is contained within cannabis or cannabis resin.

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What is the primary rationale for classifying substances under Schedule 1 of the Misuse of Drugs Act?

Answer: They are considered to have no medicinal or scientific value and a high potential for abuse.

Explanation: Substances classified under Schedule 1 are primarily characterized by having no recognized medicinal or scientific value and a high potential for abuse, leading to their classification as illegal.

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Which of the following is listed under Schedule 1 as a naturally occurring substance?

Answer: Lysergide (LSD)

Explanation: Lysergide (LSD) is listed under Schedule 1 as a naturally occurring substance. Fentanyl and Methadone are Schedule 2, and Diazepam is Schedule 4.

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Which of the following substances is listed under Schedule 1?

Answer: Bufotenine

Explanation: Bufotenine is listed under Schedule 1. Morphine and Codeine are Schedule 2, and Diazepam is Schedule 4.

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Schedules 2 & 3: Controlled Medicinal Products

Schedule 2 is designated for medicinal products and drugs for scientific use that have a low potential for abuse, with exemptions for professionals.

Answer: False

Explanation: Schedule 2 pertains to strictly controlled medicinal products and drugs designated for scientific purposes that possess a high potential for abuse, with exemptions provided for legitimate professional use.

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Potent opioid analgesics like Fentanyl and Sufentanil are listed under Schedule 2.

Answer: True

Explanation: Potent opioid analgesics, including Fentanyl and Sufentanil, are classified under Schedule 2 of the Misuse of Drugs Act.

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Heroin, Morphine, and Codeine are classified under Schedule 2 of the Misuse of Drugs Act.

Answer: True

Explanation: Heroin, Morphine, and Codeine are classified under Schedule 2 of the Misuse of Drugs Act.

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Schedule 2 includes substances identified by complex chemical names such as 1-Phenylcyclohexylamine and 1-Piperidinocyclohexanecarbonitrile.

Answer: True

Explanation: Schedule 2 encompasses substances identified by complex chemical nomenclature, including compounds such as 1-Phenylcyclohexylamine and 1-Piperidinocyclohexanecarbonitrile.

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Schedule 3 primarily covers controlled medicinal products with a low potential for abuse, intended for widespread public use.

Answer: False

Explanation: Schedule 3 primarily covers controlled medicinal products with a high potential for abuse, though exemptions exist for legitimate professional use and common prescriptions.

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Schedule 2 allows for exemptions for legitimate professional use, but not for substances used in scientific research.

Answer: False

Explanation: Schedule 2 permits exemptions for legitimate professional use, which also extends to substances utilized in scientific research under specified conditions.

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What is the classification of Heroin and Morphine within the Misuse of Drugs Act schedules?

Answer: Schedule 2

Explanation: Heroin and Morphine are classified under Schedule 2 of the Misuse of Drugs Act.

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Which potent opioid analgesic, added by the 2010 Regulations, is listed under Schedule 2?

Answer: Remifentanil

Explanation: Remifentanil is identified as a potent opioid analgesic listed under Schedule 2, having been added by the 2010 Regulations. Fentanyl, Etorphine, and Sufentanil are also in Schedule 2.

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What distinguishes Schedule 2 from Schedule 3 regarding medicinal products?

Answer: Schedule 2 lists strictly controlled medicinal products with high abuse potential, while Schedule 3 also lists such products but with wider exemptions.

Explanation: Schedule 2 lists strictly controlled medicinal products and scientific drugs with high abuse potential, whereas Schedule 3 also lists controlled medicinal products with high abuse potential but provides broader exemptions for legitimate professional use and common prescriptions.

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What is the primary function of Schedule 2 in the Irish drug regulation framework?

Answer: To cover strictly controlled medicinal products and scientific drugs with a high abuse potential.

Explanation: Schedule 2 primarily functions to cover strictly controlled medicinal products and scientific drugs that possess a high potential for abuse, while allowing for exemptions for legitimate professional use.

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Which of the following complex chemical names represents a substance listed under Schedule 2?

Answer: 1-Piperidinocyclohexanecarbonitrile

Explanation: 1-Piperidinocyclohexanecarbonitrile is listed under Schedule 2. 1-(3-Chlorophenyl)piperazine (mCPP) is Schedule 3, 4-Methyl-aminorex is Schedule 1, and MDPV is Schedule 1.

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Schedules 4 & 5: Lower-Risk Medicinal Products and Preparations

Schedule 4 exclusively lists stimulant-like substances such as Aminorex and Propylhexedrine.

Answer: False

Explanation: Schedule 4 lists various substances, including stimulant-like substances such as Aminorex and Propylhexedrine, but it also includes other categories like benzodiazepines.

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Alprazolam, Diazepam, and Lorazepam are listed under Schedule 4 as benzodiazepine medications.

Answer: True

Explanation: Alprazolam, Diazepam, and Lorazepam are among the numerous benzodiazepine medications listed under Schedule 4.

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Schedule 5 contains products with small amounts of controlled substances, such as cough medicines containing codeine, intended for supervised administration.

Answer: True

Explanation: Schedule 5 encompasses products containing limited quantities of controlled substances, exemplified by certain cough medicines containing codeine, which are typically intended for supervised administration.

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Which of the following is listed under Schedule 4 as a stimulant-like substance?

Answer: Propylhexedrine

Explanation: Propylhexedrine is listed under Schedule 4 as a stimulant-like substance. Codeine is Schedule 2, Zolpidem is Schedule 4 (hypnotic), and Ketamine is Schedule 3.

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What is the typical characteristic of products listed in Schedule 5?

Answer: They contain small proportions of controlled substances and are often supervised.

Explanation: Schedule 5 typically includes products containing small proportions of controlled substances, such as certain cough medicines, which are generally intended for supervised administration.

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Which of the following is listed under Schedule 4?

Answer: Midazolam

Explanation: Midazolam is listed under Schedule 4. Fentanyl and Morphine are Schedule 2, and Methadone is Schedule 2.

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Amendments, Specific Substances, and Schedule Evolution

MDPV, WIN 55,212-2, and Canbisol are examples of synthetic psychoactive substances added to Schedule 1 by the 2010 Regulations.

Answer: True

Explanation: MDPV (1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-pentanone), WIN 55,212-2 ([2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone), and Canbisol (3-Dimethylheptyl-11-hydroxyhexahydrocannabinol) are cited as examples of synthetic psychoactive substances incorporated into Schedule 1 via the 2010 Regulations.

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Khat, a plant-derived substance, was added to Schedule 1 by the 1993 Regulations.

Answer: True

Explanation: Khat, a substance derived from the plant Catha edulis, was incorporated into Schedule 1 through the amendments introduced by the 1993 Regulations.

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Mephedrone and Methylone are synthetic cathinone derivatives listed under Schedule 1, added by the 2010 Regulations.

Answer: True

Explanation: Mephedrone (1-(4-methylphenyl)-2-methylaminopropan-1-one) and Methylone (2-methylamino-1-(3,4-methylenedioxyphenyl)propan-1-one) are identified as synthetic cathinone derivatives that were added to Schedule 1 by the 2010 Regulations.

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Benzylpiperazine (BZP) was initially added to Schedule 1 by the 2010 Regulations.

Answer: False

Explanation: Benzylpiperazine (BZP) was initially classified under Schedule 1 by the 2009 Regulations, with subsequent amendments in 2010 refining its entry.

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Flunitrazepam and Temazepam were moved to Schedule 3 by the 1993 Regulations.

Answer: True

Explanation: Flunitrazepam and Temazepam were reclassified and moved to Schedule 3 through amendments introduced by the 1993 Regulations.

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Ketamine and mCPP are listed under Schedule 3, having been added by the 2010 Regulations.

Answer: True

Explanation: Ketamine and mCPP are listed under Schedule 3, having been incorporated by the 2010 Regulations.

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Selegiline, originally in Schedule 2, was moved to Schedule 4 by the 1993 Regulations.

Answer: True

Explanation: Selegiline, initially classified under Schedule 2, was subsequently reclassified to Schedule 4 via the amendments introduced by the 1993 Regulations.

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Zolpidem, a hypnotic drug, was added to Schedule 4 by the 2009 Regulations.

Answer: True

Explanation: Zolpidem, a hypnotic medication, was incorporated into Schedule 4 through amendments enacted by the 2009 Regulations.

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Schedule 8, introduced in 2007, authorizes registered nurses to prescribe specific drugs for pain relief in hospital settings and palliative care.

Answer: True

Explanation: Schedule 8, established by the 2007 Regulations, grants authorization to registered nurses for the prescription of specific drugs, particularly for pain management within hospital environments and palliative care.

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A substance being moved between schedules over time, like Selegiline, suggests a re-evaluation of its risks or regulatory status.

Answer: True

Explanation: The movement of a substance between different schedules over time, as exemplified by Selegiline, indicates a re-evaluation of its associated risks, medicinal value, or overall regulatory standing by the authorities.

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According to the source, which plant-derived substance was added to Schedule 1 by the 1993 Regulations?

Answer: Khat

Explanation: Khat, a plant-derived substance, was incorporated into Schedule 1 through amendments introduced by the 1993 Regulations.

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Which of these synthetic cathinone derivatives is listed under Schedule 1 and was added by the 2010 Regulations?

Answer: Both A and C

Explanation: Methedrone and Methcathinone are synthetic cathinone derivatives listed under Schedule 1, having been added by the 2010 Regulations. Cathinone is also in Schedule 1 but not specifically noted as added by the 2010 Regulations.

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Which benzodiazepines were moved to Schedule 3 by the 1993 Regulations?

Answer: Flunitrazepam and Temazepam

Explanation: Flunitrazepam and Temazepam were reclassified and moved to Schedule 3 through amendments introduced by the 1993 Regulations.

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Ketamine is classified under which schedule, according to the 2010 Regulations mentioned?

Answer: Schedule 3

Explanation: Ketamine was incorporated into Schedule 3 by the 2010 Regulations.

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What does the classification of Selegiline indicate about the regulatory approach to certain drugs?

Answer: Its classification has been re-evaluated over time, moving from Schedule 2 to Schedule 4.

Explanation: Selegiline's movement from Schedule 2 to Schedule 4 indicates a re-evaluation of its risks or regulatory status by the authorities over time.

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Which group is authorized by Schedule 8 (introduced in 2007) to prescribe specific drugs for pain relief in hospitals?

Answer: Registered Nurses

Explanation: Schedule 8, established by the 2007 Regulations, specifically authorizes registered nurses to prescribe certain drugs for pain relief within hospital settings and palliative care.

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Which of the following is listed under Schedule 3?

Answer: Temazepam

Explanation: Temazepam is listed under Schedule 3. Heroin is Schedule 2, Alprazolam is Schedule 4, and Cannabis is Schedule 1.

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Which substance was moved from Schedule 2 to Schedule 4 by the 1993 Regulations?

Answer: Selegiline

Explanation: Selegiline was moved from Schedule 2 to Schedule 4 by the 1993 Regulations. Ketamine is Schedule 3, Temazepam is Schedule 3, and Zolpidem is Schedule 4 (added by 2009 Regulations).

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Case Study: Bederev v Ireland

The legal case Bederev -v- Ireland & ors [2015] IECA 38 pertains to the Supreme Court's decision on drug scheduling.

Answer: False

Explanation: The legal case *Bederev v Ireland & ors* [2015] IECA 38 was initially heard by the Court of Appeal; the subsequent resolution involved a decision by the Irish Supreme Court.

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The legal case Bederev v Ireland & ors [2015] IECA 38 was significant because it:

Answer: Led to the temporary legalization of several drugs due to a constitutional challenge.

Explanation: The case *Bederev v Ireland & ors* [2015] IECA 38 led to a constitutional challenge that resulted in the temporary legalization of several drugs due to the Court of Appeal's ruling on Section 2(2) of the Misuse of Drugs Act 1977.

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The 2015 Court of Appeal ruling on Section 2(2) of the Misuse of Drugs Act 1977 was overturned by which court?

Answer: The Irish Supreme Court

Explanation: The ruling by the Court of Appeal in 2015 concerning Section 2(2) of the Misuse of Drugs Act 1977 was subsequently overturned by the Irish Supreme Court.

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