Remove criminal penalties for drug possession, TDs and senators from across spectrum say

LAST UPDATE | 2 hrs ago

TDS AND SENATORS from across the political spectrum have recommended that the possession of drugs for personal use be fully decriminalised – and that the move should apply to all illicit substances.

It’s one of a list of recommendations in a new report by the Oireachtas joint committee on drug use, which is the result of years of research and discussion.

The report, which has been published this morning, says “the stigmatisation of drug use and the shaming of drug users” are a source of significant harm in Irish society. 

It calls for the “decriminalisation of the person” in relation to the possession of drugs and says the goal of drug policy should be to reduce harm “caused and exacerbated by the criminalisation of people who use drugs”.

Section 3 of the Misuse of Drugs Act 1997, which governs personal possession of drugs, should be repealed, it says. 

It adds that the decriminalisation of possession for personal use “should apply equally to all illicit drugs”.

Senator Lynn Ruane, who is part of the committee and a member of the Irish Coalition for Drug Reform, said current laws are “problematic” and disproportionately affect those already struggling, as some communities are “over-policed”.

“A drug user in a community that has other complex issues going on is much more likely to be encountering the guards using Section 3,” she said.

The committee did not give specifics on amounts of drugs an individual should be legally allowed to have on them at one time.

The report also says that a small sample of jurisdictions where decriminalisation was trialled reported an increase in drug taking in public areas.

The committee recommended that local authorities use bye-laws, similar to those governing the consumption of alcohol in public, to deal with this.

Drug decriminalisation became a talking point during the last general election, when Fianna Fáil committed in their manifesto to changing the law around possession of drugs. However, the party later clarified that this would only apply to certain drugs, such as cannabis, and not cocaine or heroin.

The Citizens’ Assembly on Drug Use, as well as an interim report published by the committee in 2024 – during the last Dáil – had recommended decriminalising possession of any substance for personal use.

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Another recommendation carried over to the final report was to make naloxone available over the counter.

Naloxone is used as an antidote to temporarily reverse the effects of opioid drugs like heroin, morphine, methadone and synthetic opioids if someone overdoses.

It is currently a prescription-only medication, which Ruane says is “a real barrier to keeping people safe and alive”.

Investment

Experts and advocacy groups have called for greater investment in all aspects of society that promote stability and wellness as part of a move to the health-led approach recommended in the report – including housing, mental health services and social inclusion schemes.

Saoirse Brady, executive director of the Irish Penal Reform Trust, said the money spent incarcerating people each year (€103,000 per prison) would be better-spent on “holistic, trauma-informed rehabilitation” for those convicted for non-violent drug offences.

Synthetic heroin

Today’s report also calls for nationwide access to “alternative” treatment options, including Opioid Substitution Therapy and Heroin Assisted Treatment.

Heroin Assisted Treatment involves prescribing pharmaceutical-grade synthetic heroin (diamorphine) to people for self-administration under medical supervision to reduce the risks and harms associated with the consumption of heroin bought on the black-market.

Garrett McGovern, a GP and addiction medicine specialist, said he supports the report’s recommendations for “compassion and not punishment”.

“Ireland needs a more flexible, modern and patient-centred treatment system, where people can access the medication and support that works for them, without unnecessary barriers, delays or stigma,” McGovern said.

Tony Duffin, a veteran public health and social policy consultant, insisted Ireland “has known for years” what needs to be done to respond to drug use more effectively.

“Government will now consider the far‑reaching recommendations from their party colleagues and opposition members on this committee, who have agreed on what needs to happen.

“The question now is whether that agreement will translate into Government-level decisions in line with the recommendations, and into delivery.

Members of the committee will meet this morning in Leinster House to present and discuss the final report.

They are TDs Gary Gannon (Social Democrats), Tom Brabazon (Fianna Fáil), Colm Burke (Fine Gael), Máire Devine (Sinn Féin), Ann Graves (SF), James O’Connor (FF), Willie O’Dea (FF), John Paul O’Shea (Independent), Marie Sherlock (Labour), as well as senators Teresa Costello (FF), Mary Fitzpatrick (FF), Evanne Ní Chuilinn (FG), Nicole Ryan (SF), and Ruane (Independent).

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