AN OIRECHTAS committee has recommended repealing Section 3 of the Misuse of Drugs Act 1977 to decriminalise the possession of drugs for personal use.
The Joint Committee on Drugs Use today published its final report advocating for a health-led approach over criminalisation, saying the latter does not reduce the harmful effects of drug use.
The committee did note, however, that a small sample of jurisdictions that had implemented decriminalisation also reported an increase in drug consumption in public areas.
"A health-led response is not a softening of the State's resolve on drugs; it is a more honest and more effective use of it," said Committee Cathaoirleach Deputy Gary Gannon.
Different approach 'possible and overdue'
The committee was established to consider a 2024 report from the Citizens' Assembly on drug use that set out 36 recommendations.
They reflected the growing recognition that problematic substance use is intricately connected to wider issues such as poverty, trauma, mental health difficulties, housing and family breakdown.
The recommendations also reflected the increasing evidence that punitive, enforcement-led approaches are limited in their ability to reduce harm.
Indeed, it found that in some circumstances, it contributes to further marginalisation and stigma.
Mr Gannon said that having examined the evidence, the committee endorsed the direction set by the Citizens' Assembly.
"The committee has concluded that the personal possession of drugs for one's own use should cease to be treated as a criminal matter and should instead be met with a health-led approach," he said.
"This is not a marginal adjustment. It is a recognition that criminalising people for their own drug use has not reduced harm, and that a different approach is both possible and overdue."
Among 161 recommendations in the report, the committee addressed the increase in drug consumption in public areas of jurisdictions where decriminalisation has been implemented.
It suggested local authorities should discourage consumption in public areas, including through the use of local authority byelaws, similar to those around consuming alcohol in public.
However, the committee stated that a 'vast body of evidence' showed that decriminalisation for personal possession is not likely to result in an increase in consumption.
The report calls for a comprehensive health-led response that prioritises prevention, harm reduction and recovery.
'Public health issue'
Leas-Chathaoirleach of the Committee, Senator Mary Fitzpatrick, said methods to tackle drug use had to adapt to the nature of drug use in Ireland, which had 'changed completely' over the past 20 years.
"Where once it was often associated with heroin use in disadvantaged and marginalised communities, today we are dealing with widespread poly substance use," she said.
"Cocaine, cannabis, prescription drugs and new substances are now present in every county — in villages, towns and cities alike.
"Addiction is no longer something that can be seen as affecting 'other communities’. It is present across Irish society.
"We heard clearly about the impact of this.
"The human cost is felt by individuals and families dealing with addiction and loss.
"The social cost is seen in communities living with trauma, stigma and drug-related harm.
"The economic cost is also significant, with resources tied up in systems that are not delivering the outcomes we need.
"This evidence shows that a largely criminal justice-focused approach has not worked well enough.
"It has not reduced harm, it has not supported people early enough, and in some cases, it has added to stigma and exclusion.
"That is why this report is clear in its direction: Ireland must move to a health-led approach.
"This is about recognising drug use and addiction as a public health issue.
"It is about protecting young people, reducing risk and preventing harm, while making sure people can access the help they need when they need it."
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