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People should not be prosecuted for personal possession of drugs. Shutterstock/Discha-AS

Lynn Ruane Harm reduction should always come first with criminal drug policy

We should decriminalise possession of drugs for personal use, writes independent senator Lynn Ruane.

ON MY BIRTHDAY last month, I was lucky enough to be sitting in a room full of like-minded people to discuss global alliances in the pursuit for fairer drug policy and criminal justice reform.

Not a typical birthday, but I was excited to sit around a table and listen to discussion from the people I always feared the most: prosecutors.

Fair and Just Prosecution (FJP) work with elected prosecutors around the US to support and develop new ways of thinking about the justice system. Everyone in the room was talking about all the things I’ve been passionately advocating for my entire life.

I was sharing a room and discussing public health approaches to drug policy/harm reduction with people I never would have expected. 

There were people from various countries discussing innovative approaches to drug policy, public health solutions to violence reduction and other criminal justice issues. I didn’t expect to feel the way I did when I heard one ex-police officer say: “I don’t want to cause harm anymore.”  

I wondered how many of our own guards have felt this? How many understand the harm caused to people living with addiction by implementing unfair and harmful drug laws and policies? How many within our judiciary know and understand that our drug laws have failed?

I accept we live within a different legal framework to other jurisdictions, but how many within our justice system are willing to stand up and speak out against our archaic, harmful drugs laws?

I suppose there’s only way to find out – by inviting more people into the room where discussions like this are taking place.

Ignoring the backlash 

Two US state’s attorneys who have particularly impressed me in the area of drug reform lately are Marilyn Mosby (serving for Baltimore, Maryland) and Sarah George (serving for Chittenden County, Vermont). A US state’s attorney is a lawyer who represents the interests of the state for whom they work in a legal proceeding. 

Both women took office in 2016 and quickly took on the mantle of drug policy reform, successfully ignored all pushback and refused to prosecute personal possession of life-saving drugs.

Pushback isn’t even the right phrase – we are talking about pushback from a country that led the charge on the war on drugs. Last year, state’s attorney Sarah George said her office would no longer prosecute anyone arrested for possession of unprescribed buprenorphine, which is a drug to treat opioid addiction.  

This created a situation whereby the Vermont State Police were instructed to continue making arrests, but George kept refusing to prosecute. Over time, those pushing back against George realised she wasn’t going to back down and stopped arresting people for possessing these drugs.

Since meeting George, I read an article by the Burlington Free Press in which the State’s Attorney said she chose to make decisions based on what she felt was best for the criminal justice system, not for political purposes. 

If our elected representatives in Ireland operated within that same mindset we would wind up with a very different, fairer justice system. Luckily for Sarah George, she can look to other state’s attorneys like Marilyn Mosby and know that there are more strong representatives making similar calls.

A quick search of Marilyn Mosby online will yield headlines about her “soft” drugs policy, followed by misinformation about encouraging the use of illegal drugs. 

Of course, anyone who understands addiction knows this is not why people support changes in drugs laws. Mosby has also refused to prosecute weed-related charges.

At the conference on my birthday, I sat across the table from Mosby and listened intently as she passionately spoke about her ambitions within office to transform drug policy in her district.

She spoke with a huge amount of knowledge and compassion about the relationship between the mass incarceration of members of the black community and drug laws. I was inspired by the fight I felt from her.

The weekend at this conference in Edinburgh left me with a burning question: What would happen if every guard in Ireland refused to arrest people for personal possession and what would happen if every judge struck out cases of personal possession?

We all know there are many guards and judges who don’t implement the full force of the law for possession for personal use, but it is no longer enough to hope you will meet one of these if you’re found in possession of an illegal substance. 

Lynn Ruane is an independent senator.

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    Mute Jamo
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    Nov 11th 2020, 7:19 AM

    Why in Dublin? Leitrim or Roscommon have plenty of space especially for people who don’t work and never will work.

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    Mute Scorcher Bois Gris
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    Nov 11th 2020, 7:55 AM

    @Jamo: That is a horribly cynical&inaccurate comment, not to mention you display a serious lack of compassion&empathy.Surely you must realise that the first step to getting your life back together is having a permanent roof over your head? You can’t get a job without an address& without having certain supports in place so what exactly do you expect homeless people to do about that? Easy to guess from your comment that you’ve never been down on your luck….

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    Mute Rory J Leonard
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    Nov 11th 2020, 8:09 AM

    @Jamo:

    “…active in 21 local authorities…”

    Peter McVerry Trust is doing wonderful work, not just in Dublin, but throughout the country.

    Anyone owning a non-performing, out of service residential property needing a little TLC should get in touch with PMT for information on how to create some long-term value on their Asset, while at the same time adding to the national housing stock for our chronically stretched Rental market.

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    Mute Jamo
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    Nov 11th 2020, 8:22 AM

    @Scorcher Bois Gris: Its a great charity but they are taking up prime real estate in Dublin 4, why can’t they go outside of Dublin? Imagine paying hundreds of thousands for a place on Haddington Road and having to live beside a social housing unit.

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    Mute Mr Snrub
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    Nov 11th 2020, 8:41 AM

    @Scorcher Bois Gris: There is a point though, what would it cost to buy on Haddington Road? People can be down on their luck and find their feet in places other than the most expensive place to buy property on the island. Besides… Leitrim in particular are desperate for more people

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    Mute Lingwood
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    Nov 11th 2020, 9:57 AM

    @Jamo: I used to live in Belgravia, London. Before social housing was built in the area it was squat city. Now it is one of the most exclusive addresses in the world. A bit of social housing, done properly, never did anywhere any harm. If anything it breathes some social awareness and community spirit into an area that lies dormant much of the year. Social housing does not necessarily equal squalor – that is a fallacy we have been trained to believe and we’d do very well to enlighten ourselves and rise above it.

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    Mute Brynþór Patrekursson
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    Nov 11th 2020, 10:11 AM

    @Lingwood: Belgravia was always exclusive! It has squats similar to this development. And this is in Dublin poorly because it’s a DCC project. The council bought a single house and will relocate it for social housing. McVerry gets to select the eligible candidates etc… but it is a fully funded public housing project. This scheme they are taking into (rebuilding Ireland) wouldn’t make sense in rural villages as councils can just get loans to build. The secret is there isn’t really a homeless problem in Ireland, just a supply problem for single men in the city which has a knock on effect for social welfare families.

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    Mute Lingwood
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    Nov 11th 2020, 10:17 AM

    @Jamo: I’ll add too that I’m from the Douglas Road in Cork City which has been one of the most exclusive and highly sought after residential areas in Cork for well over 100 years now. Several large social housing projects were built a street over from us in the 70s and a bigger one again in the 90s. They were done properly – good quality, affordable family homes, and have had zero negative impact on local society. Crime rates are as low as ever and property values have continued to rise steadily. So there you go now, two solid, first hand accounts of two major cities close to Dublin with comparable societal dynamics that should put your worries about class warfare in well heeled, urban, residential districts to rest.

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    Mute Lingwood
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    Nov 11th 2020, 10:23 AM

    @Brynþór Patrekursson: I’m having trouble gleaning sense from your comment, that is my fault and not yours… let me read it again…

    Yes, Belgravia was always exclusive due to its proximity to central London and the City, also its being in the Palace’s back yard. It was not, however, a safe or well developed area until investment was made into social housing projects in the area.

    Absolutely there is a supply problem here! Which feeds into the homelessness problem. I wasn’t denying that aspect of this article, rather I was attempting to put the other commenter’s mind to rest, they seemed very worried that the wealthy would be put out by living nearby those on lower incomes. They are not, it does not affect them in the slightest.

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    Mute Brynþór Patrekursson
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    Nov 11th 2020, 10:37 AM

    @Lingwood: typos all around on my part, I’m afraid!

    The point was Central London, especially Belgravia, never had affordable housing or cheap rents. Squatters took over old office houses that were sitting on banks asset books. This won’t affect the area, or the street value – although it would be good to see the tenant selection process. Obviously, PMV will pick the less historically bad tenant for their showcase work, but I would be curious if it fair.

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    Mute EillieEs
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    Nov 11th 2020, 1:01 PM

    @Jamo: why Dublin 4? When it’s in less affluent areas people are screaming about all social housing being crammed into certain areas. They’re damned if they do and damned if they don’t.

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    Mute pabloeskabab
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    Nov 11th 2020, 6:30 AM

    Fair play to the trust. Stepping up and Doing the governments job for them.

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    Mute Ciaran O'Toole
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    Nov 11th 2020, 7:09 AM

    @pabloeskabab: The government is giving them the money to do it.

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    Mute Mickety Dee
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    Nov 11th 2020, 7:16 AM

    @pabloeskabab: The government funds them. The idea is that if they don’t perform they can reassign funds to another charity so it keeps things competitive

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    Mute pabloeskabab
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    Nov 11th 2020, 7:18 AM

    @Ciaran O’Toole: why? Why not build them themselves? Why Pay private company’s who take a profit and why pay charity’s? so they don’t have to look after them in the long therm..

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    Mute Mickety Dee
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    Nov 11th 2020, 7:51 AM

    @pabloeskabab: Because history has shown that government projects come in way over budget. Think 300%. With no ability to discipline workers, it’s difficult to achieve high performance

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    Mute Pauline Fedigan
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    Nov 11th 2020, 7:51 AM

    @pabloeskabab: WHILE THEY MAKE THERE BUDDIES RICHER

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    Mute Fr. Fintan Stack
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    Nov 11th 2020, 8:31 AM

    @Mickety Dee: If the government were to take on the project they wouldn’t be employing bricklayers, carpenters, etc. They would contract it out. So no need to “discipline workers”.

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    Mute Denis Ryan
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    Nov 11th 2020, 8:33 AM

    @Pauline Fedigan: Their*, and no need to shout.

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    Mute Brynþór Patrekursson
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    Nov 11th 2020, 10:17 AM

    @pabloeskabab: they are “building them themselves”. This is a cumulation of two schemes. While PMV are the most common (even, quite arrogantly, calling themselves “the national homeless charity”), there are hundreds of similar charities and groups that avail of these schemes throughout the country. All of them are fully funded in their capital and renovation work by the state, with the charity identifying buildings and clients.

    My biggest issue is always the charities being an additional layer. This funding would be more efficient if it was national, targeted and not focused on Dublin.

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    Mute Brynþór Patrekursson
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    Nov 11th 2020, 10:22 AM

    @Brynþór Patrekursson: PS: look for yourself – every single small town in Ireland has a building with vacant apartments for focus groups (like returning emigrants, single elderly women), all noble, but preemptive and inaccessible to social housing lists. This results in people on lists taken low cost rents in HAP, reducing the supply for working families who in turn have to build our rent further away. It’s a mess for everyone, but at the centre of it is a massive hosting charity sector that should be abolished and centralised, but it won’t because it does the govt to outsource it rather than efficiently own it.

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    Mute Derek Poutch
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    Nov 11th 2020, 12:06 PM

    @Ciaran O’Toole: Ye and where is the government getting the money from? Yes you got it in one the taxpayer.

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    Mute Karen Long
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    Nov 11th 2020, 8:46 AM

    Why Haddington Road though? How much does that land cost? Would they not be better to sell it and buy a lot more space for a lot more houses/apartments in the suburbs? Most of us will never afford to be able to live on Haddington Road despite spending our whole lives working, paying taxes, paying rents, paying mortgages.

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    Mute Brynþór Patrekursson
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    Nov 11th 2020, 10:28 AM

    @Karen Long: it was a derilict ex flat complex that was used as a squat. McVerry lobbied the council to purchase it and renovate it under HAS for capital, and rebuilding Ireland for fitting it out for single people in the housing list. Not sure if it was a CPO, but any developer would love this.
    Either way, it’s just a single building and it might give better quality of life. Only problem is it is a private group that decides the residents, not the council.

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    Mute Sean Byrne
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    Nov 11th 2020, 6:33 AM

    Good on them. Hopefully councils can help by implementing the law on vacant sites vacant dwelling hoarders; https://www.thejournal.ie/vacant-site-levy-5104669-May2020/

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    Mute Bleurgh
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    Nov 11th 2020, 8:54 AM

    Why not Haddington road? Why must social housing be confined to certain areas like the inner city for example.

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    Mute DK
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    Nov 11th 2020, 9:39 AM

    @Bleurgh: Because if they sold it they could build twice as many apartments elsewhere with the same cost.

    I think it’s reasonable for people to feel it’s unfair that some people are getting one bed apartments in a desirable area of Dublin for about €200 a month when the vast majority could not even afford to live there with a very good paying job as it would probably cost them €2000 a month for the same.

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    Mute EillieEs
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    Nov 11th 2020, 1:04 PM

    @DK: and then there’d be the shouts of ‘NIMBYisn’ and ‘leafy suburbs’.

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    Mute Stephen 28
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    Nov 11th 2020, 10:57 AM

    While all this is welcome it should be our local government should be doing this and also proper laws enacted that protects tenants like as way back in land league fair rent fixed price and tenure in comparison to our size and population we have far to many charity s many wit ex TDs as CEO s while our government squandered our money example 25 thousand a day convention centre that a do alot also homeless people should be given a role in helping renovate a house or place that they may get as many have excellent skills

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    Mute EillieEs
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    Nov 11th 2020, 1:06 PM

    @Stephen 28: which housing charities have CEOs who are former TDs?

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    Mute Lucy Legacy
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    Nov 11th 2020, 2:17 PM

    If I ever win the lottery a significant portion is going to these guys. Amazing work.

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    Mute John Hartigan
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    Nov 13th 2020, 12:29 AM

    Trust is a government prop for FGFF

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