I move amendment No. 50 in the name of Deputy Byrne.
In page 13, subsection (1), line 5, after "selling" to insert "growing".
SECTION 15.
As far as I can make out this amendment which proposes to insert the word "selling" instead of "growing" is covered in section 17. It is the only prohibition against the drug producer which, perhaps, is necessary in these circumstances. Therefore, I do not consider the amendment to be necessary.
Amendment, by leave, withdrawn.
Amendments Nos. 51 and 52 are related and it is proposed to take them together. If No. 51, in the name of the Minister, is carried, No. 52 cannot be moved.
I move amendment No. 51:
In page 13, subsection (2), line 8, to delete "In" and substitute "Subject to section 29 (3) of this Act in".
As far as my amendment is concerned, the subsection as it stands contains a presumption of guilt if the defendant has a quantity of drugs in excess of what he would need for his personal use. This presumption of guilt is maintained until the court is satisfied to the contrary. Under section 29 (3) a defendant may rebut the presumption of guilt by showing that the drugs were lawfully in his possession in accordance with section 4, for example, if he had a prescription or was a qualified person or had a licence to possess. This is a linking-up amendment to section 29 (3).
Perfectly sensible.
Amendment agreed to.
Amendment No. 52 not moved.
Section 15, as amended, agreed to.