People listen to panelists at The Citizens’ Assembly on Drugs Use at Dublin Castle in 2023. Panelists met over six weekends, from April to October, and heard from 130 speakers. Niall Carson / Alamy.
Two committees, formed under two different governments, have reached the same conclusion. But they can only recommend. Policy is set by government, through the national drugs strategy.
the possibility of a criminal conviction and prison sentence for simple possession. The assembly pointed to Portugal and Austria, and set out questions for the Oireachtas( Irish parliament) to consider in balancing three objectives – health diversion, dissuasion and decriminalisation. One such question was how many times a person should be diverted.
A citizens’ assembly advises, however – it does not legislate. Its report went to a cross-party Joint Committee on Drugs Use, made up of TDs and senators, members of the Dáil and Seanad – Ireland’ s lower and upper houses. That committee’ s interim report, in October 2024, called for the decriminalisation of the person for possession of all substances for personal use, and recommended the repeal of section 3, the possession offence. It warned that mandatory health referrals risk perpetuating stigma and would likely draw limited resources away from those who need them most. No one found in possession, it said, should be criminalised for not availing of a supportive intervention.
DEPENALISATION A general election followed and that committee lapsed. A new Joint Committee on Drugs Use was formed under the current government with its final report, published this summer, reaching the same conclusion. Recommendation 126 calls for the repeal of section 3‘ in order to fully decriminalise the possession of drugs for personal use’.
The committee also addressed diversion directly – pending reform of section 3, it said any health diversion scheme should be voluntary, reflect the principles of depenalisation, impose no arbitrary limit on the number of referrals a person may receive, and be independently evaluated. It warned that HSE staffing levels
Depenalisation
THE ROAD TO THE HEALTH REFERRAL SCHEME, 2015 – 2030
2015 An Oireachtas justice committee visits Portugal and recommends that possession of small amounts of drugs for personal use could be dealt with by a civil or administrative response, rather than through the criminal courts. 2017 In July, the then taoiseach( prime minister), Leo Varadkar, launches the national drugs strategy, Reducing harm, supporting recovery 2017 – 2025, at Dublin Castle. It commits to a health-led approach and to a working group on alternatives for possession. 2019 The working group reports and the government decides to implement a health diversion approach. 2020 In December, the Garda adult caution scheme is extended to possession of cannabis. 2021 Mid-term review of the 2017 strategy. 2023 From April to October, the Citizens’ Assembly on Drugs Use meets over six weekends and hears from 130 speakers. 2024 In January, the assembly publishes 36 recommendations. The health-led option on cannabis beats legalisation and regulation by a single vote on the final count, 39 to 38. In October, the Joint Committee on Drugs Use publishes its interim report, calling for decriminalisation. The committee lapses with the general election. 2025 Independent evaluation of the 2017 strategy. The successor strategy is due by the end of the year. After the new committee’ s chair asks that it not be finalised before the committee reports, the minister agrees to take account of its recommendations. 2026 In February, a draft national drugs strategy is published for public consultation. On 24 June, the new Joint Committee on Drugs Use publishes its final report; Recommendation 126 calls for the repeal of section 3 of the Misuse of Drugs Act 1977. On 1 September, the Health Referral Scheme begins as a pilot. On 13 October, the National Drugs Strategy 2026 – 2030 is launched, with a first two-year action plan of 33 actions. 2030 The National Drugs Strategy 2026 – 2030 will conclude.
were likely to be insufficient to meet demand.
So two committees, formed under two different governments, have reached the same conclusion. But like the citizens’ assembly, they can only recommend. Policy is set by government, through the national drugs strategy. That new National drugs strategy 2026 – 2030 was launched last month, and the Joint Committee’ s final report had asked that it
Depenalisation means removing or ceasing to apply criminal penalties for low-level, personal possession and involves keeping the law in place but choosing not to enforce criminal punishments, or removing the penalty altogether, even though the behaviour technically remains prohibited in law.
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