Creating a Diversion

A general election followed and that committee lapsed. A new Joint Committee on Drugs Use was formed under the current government with its final report, published this summer, reaching the same conclusion. Recommendation 126 calls for the repeal of section 3 ‘in order to fully decriminalise the possession of drugs for personal use’. 

The committee also addressed diversion directly – pending reform of section 3, it said any health diversion scheme should be voluntary, reflect the principles of depenalisation, impose no arbitrary limit on the number of referrals a person may receive, and be independently evaluated. It warned that HSE staffing levels were likely to be insufficient to meet demand.

So two committees, formed under two different governments, have reached the same conclusion. But like the citizens’ assembly, they can only recommend. Policy is set by government, through the national drugs strategy. That new National drugs strategy 2026–2030 was launched last month, and the Joint Committee’s final report had asked that it commit to diversion, dissuasion and decriminalisation.

It does not commit to decriminalisation – instead, the government presents the Health Referral Scheme as its response to the assembly’s call for a health-led approach to possession.

Depenalisation

Depenalisation means removing or ceasing to apply criminal penalties for low-level, personal possession and involves keeping the law in place but choosing not to enforce criminal punishments, or removing the penalty altogether, even though the behaviour technically remains prohibited in law.

The police describe it as a pilot, approved by the director of public prosecutions under section 10 of the Policing, Security and Community Safety Act 2024. It applies to offences committed on or after 1 September 2026. Formally a separate scheme, it is closely modelled on the adult caution scheme, but extends to all drugs and offers a referral to the HSE in place of a caution. Garda policy says a second offence may be dealt with by an adult caution, but only for cannabis. For any other drug, a second offence can still lead to prosecution. The new national drugs strategy commits to reviewing whether other drugs should be included.

A person who accepts the referral is told how to self-refer, and must contact the HSE themselves to arrange an SAOR brief intervention. The case is then closed without prosecution; a person who declines faces prosecution or, for cannabis, possibly an adult caution.

So what questions remain? It’s too early to judge the scheme, but its design raises questions the pilot will need to answer. Four stand out.

The first is reach. The scheme applies only to a first possession offence, and a referral is offered only once. The assembly envisaged extensive opportunities to engage; the committee’s final report argued against arbitrary limits. Anyone found in possession a second time is outside the scheme, whatever their current health needs. Will the scheme reach those experiencing the greatest harm?

The second is admitting the offence – no admission, no referral. The adult caution for cannabis has the same requirement and, as noted above, has been used far less often than charges. The government says there’s no sanction if a person doesn’t attend the intervention. Garda policy says the referral will not count as a previous conviction or appear on vetting, but may be made known to a court in later proceedings if the judge asks. Will people understand this when deciding whether to admit possession, and will the evaluation examine whether admission is a barrier?

The third is discretion. Under the 2019 government decision, referral on a first occasion was to be mandatory. In February 2026, a Garda assistant commissioner told the Oireachtas committee that referral would be automatic for anyone who admitted possession and wished to take part. Garda policy now leaves the decision to a superintendent, applying a public interest test. Will it be applied consistently?

The fourth is access. The person must arrange the intervention, and the HSE says it can be delivered in person or online – however, online needs a phone or internet access, and in person means travelling. Both can present barriers, and in both cases the person has to make contact themselves and follow through. The joint committee warned that HSE staffing was likely to be insufficient; it is understood that nine full-time staff deliver the intervention nationally. Will people be able to access the screening and brief intervention, and how quickly?

People listen to panelists at The Citizens’ Assembly on Drugs Use at Dublin Castle in 2023. Panelists met over six weekends, from April to October, and heard from 130 speakers. Niall Carson/ Alamy.

In June 2026 the Oireachtas Joint Committee on Drugs Use published its final report in which Members recommend the repeal of section 3 of the Misuse of Drugs Act 1977 in order to fully decriminalise the possession of drugs for personal use.

Committee Cathaoirleach Deputy Gary Gannon said: ‘The Committee has concluded that the personal possession of drugs for one’s own use should cease to be treated as a criminal matter and should instead be met with a health-led approach.

‘This is not a marginal adjustment. It is a recognition that criminalising people for their own drug use has not reduced harm, and that a different approach is both possible and overdue.’

The Health Research Board will monitor the pilot through its first year, and it will then be independently evaluated. This echoes the 2019 Working Group, which recommended that any new approach have data collection, evaluation and scope for modification. The Oireachtas committee has asked that schemes like this be judged on a broad definition of success, including health, housing and engagement with services, not referral numbers alone.

The government says it has accepted the citizens’ assembly recommendation for a comprehensive health-led response to possession. But accepting a recommendation is not the same as implementing it. The Health Referral Scheme is not the model the people on the Citizens’ Assembly described, nor the decriminalisation the politicians on the two committees recommended. Whether it is fit for purpose, time will tell.