‘Intent’ should be key in drug possession change, report argues

Any decision in Ireland to decriminalise the possession of drugs for personal use should include provisions to protect the system from being abused by dealers, according to a new report.

The study says that the “intention” of the person caught with small quantities of drugs should be the key consideration in determining whether or not the substances are for personal use or for sale.

The report, by the Ana Liffey Drug Project and the London School of Economics and Political Science, argues that possession of drugs for personal use should be decriminalised. It says decriminalisation can, when part of a comprehensive policy, improve the “health and social outcomes” of people who use drugs.

The report, entitled Not Criminals, conducted a detailed examination of international and domestic drug laws, which, it says, have “shifted over time”.

It says a 2010 law, aimed at effectively banning head shops, resulted in “differing approaches” to possession.

While the Misuse of Drugs Act 1977 made possession a criminal offence, the Criminal Justice (Psychoactive Substances) Act 2010 did not make possession of drugs covered by that law a criminal offence.

The report says the Oireachtas Justice Committee recommended that the Government consider the Portuguese model where possession of drugs is not a criminal offence, but a civil matter.

It points out that the Misuse of Drugs (Supervised Injecting Facilities) Act 2017 legally allows for people to be in possession of drugs inside the facility and for the operators of the site to facilitate consumption.

It says Irish drug laws on possession are “complex” and that even though the laws allow for harsh punishment, an “administrative reality” has evolved to effect a “more humane approach”.

The authors argue that there was “little evidence” that criminalisation of minor drug possession was a deterrent to future drug use.

They point out that 72% of all drug offences in 2017 were for simple possession, involving over 12,000 incidents.

The report concludes that while there is little evidence decriminalisation affects prevalence, there is evidence that it can “as part of a comprehensive policy approach improve health and social outcomes for people who use drugs”.

It says a decriminalisation approach must include clear threshold limits that are realistic and offer guidance; appropriate responses/sanctions that do not result in more harm; and access to appropriate services.

It stresses that thresholds must operate as guidelines that would include protections “against people attempting to thwart the system”, for example, dealers deliberately having in their possession amounts just below the limits.

As part of this, the “intent” of the person with the drugs should be a key consideration for gardaí deciding if it is legitimate possession for personal use.