UPDATED: The Oireachtas Joint Committee on Drugs Use Final Report "recommends the repeal of section 3 of the Misuse of Drugs Act 1977 in order to fully decriminalise the possession of drugs for personal use."

Hot Press has had a first look at the Oireachtas Joint Committee on Drugs Use Final Report which, in a seismic move, calls for the repeal of Section 3 of the Misuse of Drugs Act 1977. If this were to be implemented by government, it would effectively pave the way for the personal use of drugs to be decriminalised in Ireland. The Gardaí and other state agencies would retain all of their existing powers in relation to the trafficking and supply of proscribed substances.

The key passage in today's report is: "The Committee recommends the repeal of section 3 of the Misuse of Drugs Act 1977 in order to fully decriminalise the possession of drugs for personal use. The Committee also supports legislative reforms to strengthen and extend the spent convictions regime, to reduce the long-term impacts of criminal records on rehabilitation, recovery, social inclusion and access to employment."

The report goes on to state: "The Committee calls on the Government to ensure that decriminalisation applies to all substances rather than limiting reform to cannabis or selected drugs, reflecting the Citizens' Assembly recommendation and international evidence presented to the committee."

Section 3 as it currently stands says:

3.—(1) Subject to subsection (3) of this section and section 4 (3) of this Act, a person shall not have a controlled drug in his possession.

(2) A person who has a controlled drug in his possession in contravention of subsection (1) of this section shall be guilty of an offence.

(3) The Minister may by order declare that subsection (1) of this section shall not apply to a controlled drug specified in the order, and for so long as an order under this subsection is in force the prohibition contained in the said subsection (1) shall not apply to a drug which is a controlled drug specified in the order.

(4) The Minister may by order amend or revoke an order under this section (including an order made under this subsection).

While calling for the repeal of Section 3, the Joint Committee stresses that: "The Committee recommends maintaining strong criminal sanctions against organised crime, drug trafficking, coercion of children, and commercial supply networks, while separating these offences clearly from personal possession offences."

Those signing off on the report include Fine Gael TDs Colm Burke and John Paul O'Shea and FG senator Evanne Ní Chuilinn, and Fianna Fáil deputies Tom Brabazon, Willie O'Dea and James O'Connor and FF senators Mary Fitzpatrick and Teresa Costello, indicating that it likely enjoys significant support in coalition circles.

Chaired by the Social Democrats' Gary Gannon, the other Joint Committee members are Sinn Féin TDs Máire Devine and Ann Graves and SF senator Nicole Ryan; Labour TD Marie Sherlock; and Independent senator Lynn Ruane. Labour, the Greens, the Social Democrats and People Before Profit have previously stated that they're in favour of a health-lead approach to drug use.

"This report has its origin in the Report of the Citizens’ Assembly on Drugs Use, which set out thirty-six recommendations in January 2024," Gary Gannon reflects. "The Assembly’s work was the most comprehensive examination of drug use ever undertaken in the history of the State. Over many months, a representative cross-section of the public heard the evidence, considered the arguments, and concluded that drug use in Ireland should be approached primarily as a public health issue."

Adds Senator Mary Fitzpatrick who served as Leas-Chathaoirleach: "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."

Responding to a Dáil question today from Social Democrats leader Holly Cairns, Taoiseach Micheál Martin said: "I welcome the final report. I haven't had an opportunity to read it in its entirety. Senator Mary Fitzpatrick made a presentation to the Fianna Fáil parliamentary party last evening in relation to the core recommendations. I would say to you that fundamentally over the past twenty years, we've moved to a health-led approach in terms of drug addiction. It hasn't been a criminal response in the main...

"The government had agreed to divert those found in possession of drugs for personal use to the health services, in line with that health-led approach. Obviously government will assess the Oirechtas report in terms of the broader issues, including the decriminalisation proposal.

"The report is just published. We will examine it, both the Department of Health and the Department of Justice because there's about 160 recommendations, and the mental health dimension of it as well. We're going to give it very serious consideration. But I'd say to you... it has been predominantly health-led. That doesn't guarantee that consumption goes down. It doesn't actually quite guarantee it. There's different experiences in different jurisdictions, so we do have to examine it and keep working on this."

Well, it wasn't a "no!"

Leaders' Questions - Wednesday 24th June 2026

Someone dies almost everyday from a drug overdose.@HollyCairnsTD calls on the Taoiseach to support the recommendations of the Oireachtas Committee to decriminalise the possession of drugs for personal use. #Dáil #LQs #Decrim pic.twitter.com/YiXIDn9t1Q

— Mick Caul (@caulmick) June 24, 2026

With serving members of the force not allowed to publicly comment on policy, we're not expecting any official Garda response to the possible repeal of Section 3 of the Misuse of Drugs Act 1977.

Previously though at a joint Hot Press, Ana Liffey Drug Project and London School of Economics town hall in Dublin, the former Garda Assistant Commissioner, Jack Nolan, said: “The world’s response has always been law enforcement and then secondary has been the rehabilitation, the treatment and the welfare model. Our young people are criminalised. Our young people are deprived of life chances. Three-hundred-and-sixty odd die of overdoses - that’s more than three times the number of people who die on the roads. And yet we’re here in a small town hall meeting discussing this issue. This is a bigger issue for Irish society than is commonly perceived.

“Decriminalising drugs is a major challenge,” he continued. “I am more interested in decriminalising the person caught with small amounts of drugs or using drugs because if we decriminalise that person we don’t minimise their life chances and we give them opportunities that today are not as readily available.”

In a subsequent Hot Press interview, Jack added: "We’ve had 41 years of the Misuse of Drugs Act 1977. While it has no doubt had many successes, it’s time now to look at different options."

In another crucial recommendation, the Joint Committee wants opioid reversal agent Naloxone to be freely available.

"The Committee recommends that naloxone be rescheduled under legislation to allow it to be made available over the counter, rather than on prescription only, and that the Department of Health and the HSE develop training materials and public awareness campaigns to familiarise the public with the use of naloxone," they state.

See https://shorturl.at/H3yUf for a dissection of the Joint Committee on Drugs Use Final Report by Tony Duffin, a recognised public health and social policy leader and expert with over 30 years’ experience across Ireland, Europe and internationally.

Here are more reactions to today's news:

Fourteen Years Later: Ireland Is Finally Rethinking the War on Drugs https://t.co/PaJV7DW07D

— HIV & AIDS Updates U=U (@HIVAIDSupdates) June 24, 2026

It won't make one jot of difference. The Irish political, medical and media establishment has decided the answer is no and it doesn't matter what experts, Oireachtas committees or the evidence says. We've had at least three committees and a Citizens Assembly all recommending the…

— Peter Reynolds (@TweeterReynolds) June 24, 2026

Ireland takes a big swing at decriminalizing all drugs, complete with thoughtful substance-by-substance recommendations for regulated access.

To the litany of psychedelic exceptionalist organizations that are actively scapegoating decriminalization as dangerous to substantively… https://t.co/5LNYHXqGUp

— Jack Gorsline (@JackGorsline) June 24, 2026

Despite overwhelming evidence to the contrary

Evidence that has been examined in exceptional detail by the Citizens' Assembly and two Joint Oireachtas Committees

The IMO's position is that actually the War on Drugs workshttps://t.co/1vvcbGdaHM pic.twitter.com/LgXTKHI33L

— Cian Ó Concubhair (@CianOConcubhair) June 24, 2026