Onus on Oireachtas to implement assembly's call to 'decriminalise' drug possession

Assembly chair Paul Reid suggested the legal changes required could be a question for the Attorney General. Picture: Sam Boal/RollingNews.ie

The Oireachtas has the "responsibility" to find a legal mechanism to implement a landmark recommendation from the Citizens’ Assembly on Drugs — that possession of drugs for personal use should be “effectively” decriminalised.

The assembly could not come up with the legal means to implement the recommendation, saying there were “legal and constitutional” issues involved and that it was the job of the Oireachtas to untangle them.

During a sometimes intense day of voting yesterday, the assembly voted in favour of a “comprehensive health-led” approach to drug possession across four separate categories of illegal drugs.

The specific vote in relation to cannabis was “extremely tight”, with 39 votes in favour of the comprehensive health-led approach and 38 in favour of legalisation.

The latter decision would have had implications not just in relation to possession for personal use but also for the production and sale of cannabis in Ireland.

Under a comprehensive health-led approach, the supply and sale of drugs continues to be in the hands of organised crime.

In relation to the other three drug categories — hallucinogens, cocaine and all other drugs — the vote for a comprehensive health-led approach was more clear.

'effective decriminalisation'

An assembly statement said the comprehensive health-led approach was “effectively amounting to decriminalisation” for possession for personal use.

Before they voted on the five drug options available, assembly secretary Cathal O’Regan explained to members: “It isn’t within our grasp as an assembly to figure out the legalities about what’s possible or not.”

Under Option C (comprehensive health-led approach), possession of drugs for personal use would remain “illegal” but those caught by gardaí in possession “would be afforded extensive opportunities to engage voluntarily with health-led services”. 

An explanatory narrative for Option C said: “This would minimise, or potentially completely remove, the possibility of criminal conviction and prison sentences for simple possession.” 

Assembly chair Paul Reid suggested the legal changes required could be a question for the Attorney General.

It said that given the “legal and constitutional issues”, the assembly said it was the “responsibility” of the Oireachtas, informed by legal advice, to determine the most appropriate mechanism to achieve this goal.

Among the 36 other recommendations are:

• Accountability for drugs policy, and the implementation of the assembly recommendations, should be at the highest level in Government and a dedicated Cabinet Committee on Drugs, chaired by the Taoiseach, should be set up;
• Develop “alternative pathways” for young people engaged in low level supply and distribution, including restorative justice; 
• Priority given to vulnerable groups and disadvantaged communities; 
• Additional funding for community and voluntary groups, including residential treatment as an alternative to custody; 
• Comprehensive school-based drug prevention and public health campaigns. 

A report, containing the recommendations, will be submitted to the Government and the Oireachtas by December.

Mr Reid called on the Taoiseach and the Government to “embrace the report and implement it”.

In a pre-recorded video message to the assembly, Taoiseach Leo Varadkar said the Government would "carefully consider and respond comprehensively" to their recommendations.