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AFTER SIX DAY and a half sessions over six months, in which they heard from experts on drug policy, Gardaí, HSE officials and people with lived experiences of addiction, the 99 randomly selected people who made up the Citizens’ Assembly on Drug Use have agreed on 36 key policy recommendations for Government.
Overall, the members voted for a health-led approach to drug use, that involves decriminalising possession for personal use, to some extent.
The chair, Paul Reid, today said that the assembly’s recommendations call for a “much more ambitious and progressive approach to dealing with drugs in Ireland.”
“There is no time to waste here. There has been much talk in recent years about the Portuguese approach to drugs. The Citizens’ Assembly has now recommended an Irish version of the Portuguese model,” Reid added.
However, the assembly’s recommendations on decriminalisation are framed as questions that the Oireachtas will have to answer. They accommodate for decriminalisation that only goes as far as diverting cannabis users to health services a few times before prosecuting serial offenders, to the abolishment of prison sentences for drug use altogether.
Over Saturday and Sunday of the weekend just gone by, the citizens – who have gotten to know each other quite well during debates and tea breaks in the Grand Hotel Malahide – voted on exactly what those recommendations should be.
Crucially, in an initial vote, they opted to recommend a change to the ‘status quo’ for drug policy, and treatment of people dealing with addiction in Ireland.
The most hotly debated question amongst the assembly was whether to recommend that the State should take a health-led approach to individual drug use (which involves an unspecified degree of decriminalisation) or whether Ireland should be bolder yet again and pursue a legalisation and regulation approach to dealing with drug use.
The citizens, who discussed the matter sitting at round tables, believed in the majority that a “comprehensive health-led approach” was the way forward when it comes to possession of mushrooms (Psilocybin), cocaine and “other drugs”, but the vote was a lot tighter when it came to cannabis.
Thirty-eight citizens voted for legalisation and regulation of cannabis for personal use, while 39 voted for a health-led response.
There were some grumblings in the room afterwards, and one woman told the chair of the assembly (Paul Reid – the former CEO of the HSE) and the secretariat that she felt that voting process wasn’t explained properly, as a number of people had only voted for one option out of five that were on the ballot, rather than putting down a No.2, a No.3 and so on.
Reid and the others at the top table weren’t buying that argument, as the voting system used was proportional representation, which is the same system used for every kind of election in Ireland.
And so, the Citizens’ Assembly has not recommended that the State should ‘Free the Weed’, but it has opened the door to decriminalisation of personal drug use.
However, the degree to which drug use will be decriminalised has been left fairly open to the interpretation of the Oireachtas.
The Assembly’s report will be submitted in full by the end of this year, and there will be a lengthy process of debate at Government level before any changes to Ireland’s drug policy and legislation are set in stone. Therefore, enacting the recommended changes will in all likelihood be a matter for the next Government, and whichever party or parties are leading it.
What is a ‘health-led response’ to drug use ?
Under this approach, the State would treat drug use and misuse primarily as a public health issue, rather than a criminal justice one. Possession of controlled drugs would remain illegal (in larger quantities held by dealers), but people found with drugs on their person for their own use would “first and foremost” be afforded opportunities to engage with “health-led services”.
This approach, if legislated for by the Oireachtas, could see the possibility of criminal persecution over simple drug possession minimised or completely removed – the Assembly have left that up to lawmakers to decide on.
For the Gardaí, this would mean referring a person directly to a SAOR Brief Intervention, is a course run by the HSE which is designed to inform people on drug use, and dissuade them from drug taking. People will then be referred on to addiction services if necessary.
To a certain extent, this already happens in Ireland. Back in 2020 the Gardaí put the adult caution system into effect, which meant that people found with a small amount of cannabis on them could escape a criminal record, but multiple time offenders would still be booked.
What the Assembly is recommending is a joined up approach from Gardaí and health services, under-pinned by changes to legislation, and potentially new legislation.
Key questions as to whether simple possession will be prosecuted after multiple instances, and whether prison sentences for drug use will be totally removed, have been left up to the Oireachtas to answer.
What were the other options?
The assembly could have opted to recommend several other responses to drug use, these included:
This approach would mean that the offence of possession of drugs for personal use, as legislated for under section 3 of the 1977 Misuse of Drug Act, and the sentences provided for under Section 28 of the Act, would be retained.
For those convicted of cannabis use, the current penalty on summary conviction is either a fine up to 250, or imprisonment up to 12 months.
This approach would see the Government implementing the Health Diversion legislation it has already planned for, but hasn’t enacted.
This approach would not allow for any decriminalisation of drug use, but would provide for leniency with first-time offenders, who would be able to escape a criminal record by undertaking a HSE course.
This would see possession of controlled drugs remaining illegal, while people found in possession of drugs for personal use would be treated with tolerance, combining decriminalisation and depenalisation. No diversion to health services would have to be made by Gardaí.
This would have seen the State take a totally new approach, whereby some or all drugs would be legalised and subject to regulation.
People would be able to consume drugs without fear of arrest or prosecution, without stigma, and from a controlled market, which would mean they would be informed on the quality and safety of substances.
The exchequer would also benefit from a new revenue stream from the taxation of drug sales. There would also be the possibility of job creation, and investing taxation funds into addiction treatment programmes.
This approach would have required a significant redrafting of current legislation, as well as new legislation.
Who did the assembly hear from before deciding?
The members of the assembly have heard from many different people who have experienced the impacts of drug policy and drug use.
One member who spoke to The Journal, Adrian from Co Longford, said that the more he learned from the speakers, the more he came to think “that six sessions was not enough for us to be making decisions on such complex issues”.
He added that though he did not have strong personal views on drug policy at the start of the process, his mind has been changed by what he has learned since.
“The people who became caught up in the justice system because of taking drugs in their younger days had the biggest impact on me,” he explained.
Adrian came to the view that a health-led response to drug use was the way forward.
Elaine, another member of the assembly, said that in the beginning, she didn’t know how she would contribute:
“I didn’t know a lot about drugs, so at the start i wondered, how am i going to be of help to the decision-making here?It has been a huge education.
“I’d never heard of a Citizens Assembly, but after each of our sessions I had more of an opinion. I’d find myself thinking about it on the drive home.”
Elaine said she wanted to see a health-led approach to addiction services.
“We’ve listened to people affected by all this. Some people did one thing wrong, and their whole life fell apart. They need support to get past their addiction, but still have a house to come back to, still be able to get a job. People lost all that, that was heart-wrenching for me, because I had never heard of anything like it before,” she explained.
Back in May a series of speakers with lived experience of addiction told the assembly members that marginalised communities face more difficulties within the justice system as a result of drug taking.
Shannon Connors told the members of her own experience of drug use. She began using drugs after being expelled from school as a child.
Speaking about drug use she told the members: “People like to say it’s in the lower class communities and stuff, but it’s not. It’s happening with people who are working up high, with barristers and solicitors.
“It’s happening with everybody… and if you’re in the system already or you’re highlighted already, you’re going to get more of a sentence than somebody that has money or can be [bailed] out.”
Another woman told the assembly that she was born with an addiction disorder, due to her mother’s use of heroin while pregnant.
She told the assembly that drug dealing was part of the “infrastructure” of the community she grew up in, and that eventually, she faced the consequences of her addiction when she received a criminal record, which saw her home and children taken away from her.
Officials and experts came before the assembly too.
Garda assistant commissioner Justin Kelly voiced his grave concerns about the impact that legislation of controlled drugs would have. He said that prosecution for personal drug use is not currently the norm within the Irish criminal justice system, and that Gardaí are focused on targeting those supplying drugs, and causing harm to communities.
Chief Medical Officer Breda Smyth warned the assembly that cannabis use can lead to addiction, that cannabis being dealt in Ireland has become more potent, and that there has been a steady increase in psychiatric admissions due to cannabis use.
What are the other recommendations?
The assembly agreed on 36 recommendations to Government in total. Many of these focus on funding for health and rehabilitation services, and the need for early intervention in addiction treatment.
These recommendations include:
The State should formalise, adopt and source alternative, health-focused options for people with a drug addiction within the criminal justice system.
Government should give greater political priority and prominence to drug policy and related issues. A dedicated Cabinet Committee chaired by the Taoiseach, supported by a Senior Officials Group, should consider and publish a detailed annual report on drug trends and emerging risks.
Government should publish a new iteration of the National Drugs Strategy as a matter of urgency. A first draft should be published by June 2024 for consultation, with the recommendations of the Citizens’ Assembly as a key input.
The Government must assign accountability, at the highest level, related to the State’s response to problematic drug use, including the implementation and tracking of the progress of the recommendations of the Citizens’ Assembly
The Government should recognise, value and adequately resource the role of family members and extended support network in supporting people affected by drugs use, and their children. Kinship carers and children should have the same rights as foster carers and foster children, and this should include legal rights and monetary rights on a non means-tested basis.
You can read the full list here.
How does a ‘health-led’ model work in other countries?
Portugal decided to radically change its approach to drug use and treatment over 20 years ago, in response to an opioid crisis in its major cities.
Politicians there have long hailed the policy change as a success, which has seen a decrease in drug-related deaths.
Last month, our reporter Niall O’Connor went to Portugal to find out how health diversion really works as a response to drug use.
He met Nuno Capaz from Portugal’s Ministry of Health. Capaz said that the change in Lisbon from the 1990s experience of “open air drugs markets” is dramatic.
He said those issues, for the most part, have been removed off the streets of the capital city.
Does the Government have to follow the recommendations?
The short answer is no. The Government is not bound to enact the recommendations made by the assembly, but it has made a commitment to considering them.
Social Democrats TD Gary Gannon today said that it is imperative that the Government is bound to make the recommended changes a legislative reality.
Gannon said that other countries such as Portugal decriminalised drug use over two decades ago, and recorded a drop in drug-related deaths as a result.
“Drug injection rates also declined, especially among young people and new users.
“It is vital that the Government is bound by the Citizens’ Assembly’s recommendations and that a clear timeline is set out for any legislative changes that may be needed. A major investment in addiction services, including a substantial increase in detox beds, will also be required,” Gannon added.
It is possible that making legislative changes in line with the assembly’s recommendations could take a long time. Additional funding and staffing would be needed for HSE teams that would be involved in enhanced addiction treatment services.
As the health service is already facing major budgetary challenges, a key question going forward is likely to be how it will be able to accommodate and deliver the health-led response to drug use that the Citizens’ Assembly believes Ireland needs.
The changes that the Gardaí will have to make to how they operate will depend on how far the Government takes the mandate it has been given for drug use decriminalisation.
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Banning it has worked so well so far right? Anybody with any semblance of a social life knows how rife and common drug use is in Ireland. You can get a dealer to you faster than a pizza in any city or town in the country. The war on drugs has been an utter failure, and by continuing to have drugs like cannabis that are less harmful than alcohol illegal, we’re continuing to ensure the money goes into the pockets of cartels, gangs and s€umbags instead of into our tax base. The states in the US that have legalised cannabis as well as Canada, not to mention closer to home Amsterdam, have seen massive successes in economic activity generated from it, as well as the benefits of regulating the products sold (think back to when Alcohol was illegal in the US, harmful high% moonshine was produced).
@Sean Murphy: The sad thing about it is drugs are nearly becoming cheaper than the price of a pint or spirit, I’ve seen it on nights out amongst the youths. Not a nice sight and something should be done about it.
@Orion Martin: What drugs have you seen on “nights out” that are cheaper than the legalised and much abused alcohol which is a poison? Headache pills?
@Orion Martin: We could, okay hear me out!!.. force them to drink?
@Mr Inbetween: how far removed you are from reality… yokes can be bought for a 5r.. find any pint in town for less than a fiver and ill but you one…
@Sean Murphy: Easier to score than order pizza? Nah
@Stiles: Thanks but I’ll pass, the person I was replying to didn’t mention the substance consumed by the young people he was “with”, that’s the problem, “drugs” is an umbrella term that we use to describe all illicit substances and a few legal ones like alcohol and nicotine. Some drugs are lethal and others aren’t. Nobody has ever died of a cannabis overdose. Please donate your 5r to a homeless charity, thanks.
@Mr Inbetween: well congrats on making a comment that didn’t get your point across clever clogs.. I agree with your point by the way… 100%..
@Sean Murphy: The Sku% Bags be rubbing their hands with Glee kips going backwards
@Stiles: I will meet you in Wetherspoon’s because every pint they have is under a fiver
@Mr Inbetween: Maybe speak to the Dr’s who are dealing with the fall out from drugs their opinion seems to be ignored, no drugs are safe even percription drugs there are side effects from all
@Sheila McNulty: Exactly and prohibition just makes them even more dangerous. You make a great case for legalisation and regulation. Almost every argument made against legalisation can be turned on it’s head and be used as a counter argument. If we want to reduce harm we have to take control of the black market. Prohibition does not work.
Anyone who watched it live online would be very surprised by how poorly it was conducted under Reid!
One assembly member told the chair that they had been asked to vote on drugs that they’d been previously given NO information on.
The voting was at best a confused mess.
Reid’s control of the room and ability at times to even understand what was being said to him was poor to say the least.
The assembly were not allowed by the terms of reference to hear any evidence of the therapeutic benefits of any drug.
So the status quo gives way to guess what? To the status quo!
If this is how citizen’s assemblies are run in practice, I want no part of any of them. This disappoints me hugely, a form of governance that has so much potential wasted in truly Irish fashion!
This seems to have been designed to elicit the desired responses. I hate saying that, it makes me sound like one of the conspiracy theory people I detest but hey, watch the videos, see what you think for yourself. Then come back and tell me I’m wrong if you’d like.
@Chutes: 100% agree.
@Chutes: Come, feeed wi th usss?
@Thesaltyurchin: lol
@Chutes: wasters
@: Profound!
@Chutes: The only mystery here is how you didn’t expect exactly this to happen. The whole idea of a citizens’ assembly is a massive cop out on the part of the government: no transparency in the selection process, questions deliberately worded to elicit the predetermined response all so the government can do what they like and say it was the will of the people.
It is the government’s job to act as a “citizens’ assembly”; that is literally their purpose and their responsibility. With this sham they have just outsourced responsibility.
@Dancey McDonagh: Who said I didn’t expect it? I agree with your comment 100%.
Watch the government kick this giant can down the road.
@Gerry Lamont: Citizens assembly with a delicate finger to steady the wind.
@Gerry Lamont: Like everything they don’t want to touch. Overhauling the archaic licensing laws, for example.
@Gerry Lamont: Absolute waste of time and money talking shop. Give it 2 years and see where any of those 37 recommendations will end up. Another big pile of paper gathering dust on a shelf somewhere beside the voting machines that cost us around 60 million.
Ffg have no interest in changing there disastrous drugs policy. Considering its one of the tools they use to help stop citizens solidarity.
@Robert Halvey: Good because I don’t want any solidarity with people who choose to abuse drugs..
@Peter McCormack: What about people who use them but don’t ‘abuse’ them?
@Peter McCormack: Hope you say the same about those that consume alcohol! Alcohol causes by far the most hospitalizations of any available drug. While yes, this is due to availability, the risk of liver cirrhosis, wet brain, etc are awful compared to literally any health effects from something like cannabis(the munchies maybe?) unless you have underlying mental health disorders that would be triggered by using THC. Why do you think people that recreationally use something like cannabis to relax are just abusing it? If it was a regulated product with controller levels of THC and CBD, that would contribute to our tax base via a levy, what’s the issue?
@Peter McCormack: Just makes you a heartless pr^*£ is all! Hey, if ur good with that that I am, people have the absolute right to be heartless pr^*£s too! Do you dude!
@Peter McCormack: That’s too bad. But if you ever stop seething and change your mind , the door is always open. It’s the one with clouds of Kush smoke billowing out of it.
What comes next:
1. Gangs get richer, crime rises, people get harmed.
2. More people use random drugs that they buy from random people, and people get harmed as a result
3. The HSE gets over run, and the underlying social issues, metal health issues are ignored or poorly handled, harming more people.
Ireland had a chance, but it’s just too regressive, judgemental and small minded to grasp it. Instead, more suffering, more power to the worst people and more shame heaped on sick people.
But at least the Gardai will have more room in their prisons for people who don’t pay their tv licenses.
@Chris O’Brien: Lol how naïve ARE YOU? do you think legal drugs will be less addictive? do less harm? that they somehow wont become an even more widespread societal issue than they are now? there is nothing nice about addiction. More addicts means more HSE funding needed. You think only ILLEGAL drugs do harm, only illegal drugs cause addiction? Why do you want to make addiction more acceptable? It should NEVER be acceptable. Addicts become unemployed, unemployable, useless members of society, because they basically drop out, join like minded (no minded) people to scab, scrounge or commit crimes to get what money they can to buy more drugs. Their only motivation is to get high, or stave off withdrawal. Im not devoid of sympathy for addicts, especially the ones who are really struggling and dont want to be that person, but why on earth would anyone want to say to society that not only should it be legal to end up that way, it should be acceptable. Nobody says its ok to be a drunk, we all know what alcohol has done to peoples lives. Why add to it?
@Pauline Gallagher: “Lol how naïve ARE YOU? do you think legal drugs will be less addictive? do less harm?”
Yes.
Absolutely.
At the moment there are no controls – zero – on the content and strength of any illegal drug sold here.
With legalisation, official and controlled production and supply can be put in place, guaranteeing maximum strength as well as eliminating other dangerous substances that might be mixed in.
@Pauline Gallagher: The vast vast majority of drug users are NOT addicts, they’re recreational. If we taxed them, it could help fund the HSE. Ben Dunne was boss of a successful company when he was caught with coke and how many crimes did Prince Harry commit to pay for his cocaine.
@Pauline Gallagher: These cabbages always trying to reinvent the wheel: you only have to look at the myriad countries far further ahead of Ireland in relation to drug policy to know that legalisation does not lead to increased use or harm.
@Pauline Gallagher:
First, here’s three of the top 10 most addictive substances on the planet:
Alcohol
Tobacco
Sugar
Should we deregulate them, let them. Be manufactured by gangs, etc.? I mean they ARE addictive.
Of course not.
Protecting the quality of things people ingest makes sense if you… Care about humans.
Maybe consider that approach.
And lol, no one says its OK to be drunk?
This has to be one of the most delusional comments I’ve EVER read.
Cop on.
Legalising cannabis for over 21s, regulating and taxing it, letting people grow a few plants, would go a long way to reducing harm from other drug use, as people would be less likely to engage with drug dealers and also regulated cannabis wouldn’t be laced with pcp or other chemicals. As well as creating a tax revenue that could be ring-fenced to use for health services.
Very disappointing result. Cannabis seems to have been lumped in with other harder drugs, instead of being discussed separately. I also noticed that some of the statements made by so called ‘experts’ weren’t balanced and some of their statements weren’t factual. Of course, the Chair stated his opposition to legalisation from the outset, one presumes the speakers were chosen by him.
@Treasa Kerrigan: Over 18′s, not over 21′s. Stop with the American shite. An adult is an adult.
@Treasa Kerrigan: If the overwhelming evidence is all on one side, then ‘balancing the picture’ in effect skews reality.
Its great to see the journal covering the citizens’ assembly. However, I feel a critical angle not highlighted is the CA members’ concerns about the confusing ballot wording and dissatisfaction with the voting system. It’s concerning that even after weeks, clarity eluded the participants, and their legitimate requests for clarification were seemingly brushed off by the board. Such fundamental issues need attention for the credibility and effectiveness of this democratic exercise.
@Dee+forbes+accountant: And it gives us an insight into the capabilities of the chair, Mr Paul Reid.
And an insight into why our health services are so poor, if that is any indication of the capabilities of that man.
Lol, the irony of ‘no time to waste’ given the results… and another dirty spliff photo to set the tone
I dont care what anyone says about the so called pros of legalizing drugs, nothing will make it ok, not even the fact that decriminalization means less gangs and dealers. You legalize weed, it facilitates more widespread use amongst young people. Early use weakens natural dopamine, which means they will look for more pleasurable rewards, which will lead to mixing with alcohol for a greater high, then eventually stronger drugs. So are we going to make class A drugs legal? have a society of addicts? Addicts will sell their mothers for drugs. They will loser their jobs, their homes, their families, because drugs are all that will matter to them. Do we really want to encourage a society where the message is: Life is sh*te unless youre high? Eventually, that will be their only motivation; any ambition to have a good life based on contributing to society and getting a decent education and career will go out the window. Legalising drugs will make addiction an even bigger widespread problem than it is already. So what if they dont end up in jail? The pitch here is to make it a health concern rather than a criminal concern. IT ALREADY IS A HEALTH CONCERN! Thats all the HSE needs, the need for a billion euro investment in drug rehabilitation. Because they’ll need it if they make drugs even easier to procure.
You had an alcoholic drink?
A mind altering drug?
Shocking admission.
Shame on you.
This type of activity should be banned.
@Pauline Gallagher: Any other aspect of our lives that you would like to control?
@: HAHAHA! Nothing less than “a drug filled dystopia” eh?
@: Paul McCartney and Mick Jagger took it, they both made millions, received knighthoods, are idolised and are still alive and kicking, both over the age of 80. It didn’t seem to do their brains too much harm.
@: And if it goes terribly right?
How much more pain and suffering must we go through following failed authoritarian policies, policies that only do harm?
Harm by criminalising people.
Harm by ensuring the substances they consume are completely unregulated, both for strength and harmful ancillary content.
Harm by ensuring the supply is controlled by criminals.
Harm by enabling the creation and growth of these criminal gangs.
@Pauline Gallagher: This is why we got the brain dead result we did. Too many people substituting prejudice for evidence. Not one statement you have made can be backed up with evidence.
The vast majority of drug use is not problematic, most drug users have good jobs and have no trouble holding them down.
Currently there are dealers in schools selling canbabis and powders claiming to be cocaine and speed. Legal suppliers would be in licensed premises with age controls.
Decriminalisation won’t provide that but at least it will stop some people being criminalised for their choice of drugs.
If you want an example of poor messaging consider the number of times you see actors portraying politicians and business leaders drinking as they work!
@Pauline Gallagher: Unlike so many problems in the drugs scourge scenario there is a very simple way of getting a handle on your submission : “In regard to Portugal, having sampled the change to a health led state response to drugs would they now go back to the criminal law enforcement route ?” Think I know the answer.
You can’t trust the Irish and the new Irish with drugs. Our streets will will filled with the smell of weed and Joe Duffy will be full of callers complaining!
Government have ignored the results of other citizens assemblies. This one will be no different. The Illusion that your opinion matters
@: It didn’t ignore the one on abortion.
But this one was clearly fixed.
Why no story on the death of Dave Courtney? Britain’s hardest man. Disgraceful journalism.
Because nobody cares about “Britain’s hardest man”.
Excellent journalism.
@KTH: weed heads like you only care about your next hit
I don’t smoke weed or take any illegal drugs,
I drink a few beers on the weekend.
It’s no wonder thr comments are closed when you are continuously spouting bile.
STUP%% COMMENT god help ye
Ireland is a farce
Janey mack it’ll be another 10 years before they unscramble the pig’s ear they’re making of this. Talk about over complicating.
The best thing that can be done is ignore their recommendation and legalise everything with prior regulation and taxes.
S.W.E.D.
have your say