THE OIREACHTAS DRUGS COMMITTEE has called for a repeal of section 3 of the Misuse of Drugs Act 1977, a move which if enacted would remove criminal sanctions for the simple possession of drugs for personal use.

In a report published today by a cross-party committee of both houses of the Oireachtas, which was established by Government Chief Whip Minister Hildegarde Naughton in response to the Citizens’ Assembly on Drugs Use, the committee’s report states “the committee recommends that steps are taken to introduce a regulatory model for certain drugs.”

“The Committee recommends this should be considered with particular reference to Spain, Malta, and Germany in the development of an Irish not for profit regulated cannabis market.”

Gino Kenny TD, Chair of the committee, speaking today said of the report “Today the Joint Committee on Drug Use published its interim report. It makes a number of key recommendations and carefully considers the Citizens Assembly’s findings.”

“Some of the main points- Repeal Section 3 of the Misuse of Drugs Act- Not for Profit regulated cannabis market.”

The report’s call for a full repealing of section 3 of the Misuse of Drugs Act will give effect to decriminalisation. This move would fundamentally change the dynamic of Ireland’s drugs policy, making it a legal act to possess a small amount of drugs for personal use.

It would also have a profound impact on the practice of stop and search for personal drug possession.

“The Committee stated that legislators should address the issue of stop-and search practices, which currently may use addiction and drug use as a means to uncover other crimes.”

“Removing Section 3 from the Misuse of Drugs Act 1977 could
reduce this broader search capability.”

The Committee has been meeting over the past several months, and has heard from international experts in the UK, Canada, Portugal and the United States.

The Committee has focused on a number of key areas, including the views of the Citizens’ Assembly, the kinds of decriminalisation possible, health-led approaches, and family and community responses to drugs.

The report, published today, is 127 pages long and contains 59 recommendations to Government.

Gino Kenny TD said of the recommendations that “these recommendations and the Committee’s reasoned responses are a step along in targeting the urgent changes needed around drug policy and drugs use in Ireland.”

“The Committee Members are alarmed by Ireland’s high rate of drug deaths which has recently been the highest in Europe. The negative effects of drug use impacts all of society but disproportionately affects already disadvantaged groups and communities”

Throughout the Committee’s tenure, tensions have at times been high between members surrounding the direction of travel Ireland should take when it comes to drugs reform.

For example, Independent Senator Lynn Ruane and Sinn Féin TD Ruairí Ó Murchú had a public row after Ruane accused Sinn Féin of ‘speaking out of both sides of the mouth’ on the topic of drug decriminalisation.

The public debate spurred Sinn Féin’s mental health spokesperson Mark Ward TD to clarify that Sinn Féin have supported the Citizens’ Assembly’s recommendation to pivot away from criminalisation of drug use.

The Committee has also analysed the issue of mandatory referrals for people found in possession of drugs and found that “issuing mandatory health referrals for those found in possession of drugs risks perpetuating existing, harmful stigma.”

“It will likely draw limited health resources away from those who need them most”

While the committee’s report is not binding, and it is not expected that any changes to law will take place during this Government’s term, it is another addition to a long line of findings in support of fundamental drug reform found during the current Dáil’s term.

The Committee’s full report can be accessed here.

Image Credit: Houses of the Oireachtas (Oireachtas.ie)