NEWSFLASH: 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."

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.

Stay tuned to hotpress.com for an in-depth 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.