Cannabis caution: Gardaí, DPP consider extending softer sanctions to other drugs 

The Garda Commissioner and the DPP are considering extending this week’s announcement of softer sanctions for cannabis possession to other drugs, it has emerged. Picture: Getty

The Garda Commissioner and the DPP are considering extending this week’s landmark announcement of softer sanctions for cannabis possession to other drugs, it has emerged.

Garda HQ stated on Wednesday that gardaí will now be able to caution, rather than charge, people caught in possession of cannabis for their own personal use.

The decision to extend possession to the Adult Caution Scheme only applies to cannabis and not to other illegal drugs.

It will, primarily, apply for a first-time offence — meaning that a person caught a second or subsequent time with cannabis for their own use will, generally, be prosecuted before the courts in the normal way.

Under the changes, gardaí will still retain their discretion to prosecute someone caught for the first time if they believe it is not appropriate in the circumstances to give a caution.

The announcement by Garda HQ followed extensive consultation with the DPP and precedes a forthcoming wider legal change by the last government regarding possession of drugs for personal use.

In August 2019, following the report of the Working Group to Consider Alternative Approaches to the Possession of Drugs for Personal Use, the Government announced a health diversion scheme for people caught in possession of drugs for their own use.

Like the recommendation of the 2016 Working Group on Alternatives to Prosecution report, it would apply to all drugs, not just cannabis.

In a statement to the Irish Examiner as to where the wider Government policy was at, the Department of Justice said the programme for government committed to a health-led approach to drugs misuse and that the National Drugs Strategy 2017-2025 set out a “roadmap” to achieve this.

It said the 2019 working group report recommended this approach and said the 'Health Diversion' system was announced by the then Minister for Justice and the then Minister for Health in August 2019.

“An implementation, monitoring and evaluation group, chaired by the Department of Health, is implementing the health diversion programme,” it said.

“The group will commence operation of the programme on an administrative basis in a number of locations throughout the country in 2021.” 

The statement said: “In the meantime, Minister [Helen] McEntee very much welcomes the extension of the Adult Caution Scheme to simple possession of cannabis and cannabis resin, as well as a range of other additional offences.” 

It added: “The minister understands that the extension of the Adult Caution Scheme to other drugs remains under consideration by the Garda Commissioner and the DPP.” 

It is understood the DPP and Garda HQ will see how the policy regarding cannabis works in practice before extending it to other drugs.

It is believed the Garda/DPP scheme will merge into the Government’s health diversion system when it becomes operational.

The Department of Health did not reply to requests for an update on the Government’s strategy.