POLICY
Ireland has recently introduced a Health Referral Scheme for people found in possession of drugs for their own use. Tony Duffin explains how Ireland got here, what the scheme does, and what questions are yet to be answered
CREATING A DIVERSION
S ince the beginning of September, under Ireland’ s new Health Referral Scheme, an adult found by Gardaí( the Irish police) in possession of drugs for personal use for the first time may be referred to the Health Service Executive( HSE) rather than prosecuted.
This is not decriminalisation, however. Possession of controlled drugs for personal
Diversion use remains a criminal offence under section 3 of the Misuse of Drugs Act 1977. So what’ s changed, and what hasn’ t?
Ireland’ s 2017 – 2025 national drugs strategy committed the government to a health-led approach. A working group set up under it reported in 2019, with diversion to health services one of the recommended options – people found in possession would be referred to the HSE for
Diversion refers to non-punitive mechanisms that redirect individuals away from the criminal justice system and towards health or social interventions, such as assessment, counselling, treatment or social reintegration. a screening and brief intervention known as SAOR( support, ask and assess, offer assistance, refer). The government decided to implement a health diversion approach and, separately in December 2020, the Gardaí’ s adult caution scheme was extended to possession of cannabis. Between December 2020 and February 2024, 5,139 people were cautioned for cannabis possession, while 17,125 were charged or summonsed.
CITIZENS’ ASSEMBLY Meanwhile, the debate moved on. In 2023, a Citizens’ Assembly on Drugs Use brought together 99 members of the public, randomly selected to reflect the population, with its report published in January 2024.
The assembly rejected the status quo, with just 13 per cent voting to keep the current legal approach to possession. Recommendation 17 called for a‘ comprehensive healthled response to possession of drugs for personal use’. Under that model, possession would remain illegal, but people would be offered, first and foremost, extensive opportunities to engage voluntarily with health services.
A Garda would refer the person directly to an SAOR brief intervention. Depending on how it was legislated, the approach could minimise, or potentially completely remove,
AG News / Alamy
6 • DRINK AND DRUGS NEWS • NOVEMBER 2026 WWW. DRINKANDDRUGSNEWS. COM