Garda Drugs Policy Shift Allows Health Referrals for Personal Possession Cases

Det Supt Sé McCormack of the Garda National Drugs and Organised Crime Bureau (GNDOCB) called the move "a huge step in policy" and a simple step towards helping people. The change follows a 2019 report from a Government-established working group that recommended health referrals as an option for those found in possession of drugs for personal use. Currently, adults caught in possession of drugs — however small the amount — face charges, prosecution and, in some cases, criminal conviction.

Gardaí also have the option to apply an adult caution, which works as a slap on the wrist in lieu of a criminal charge. These decisions are made by senior gardaí in conjunction with the Director of Public Prosecutions and are entirely discretionary. The new system expands upon the adult-caution mechanism, allowing for a referral to the HSE for a health-led approach. The scheme is for adults only, as youth diversion programmes are already in place for those under 18. It must be a person's first drug offence, and gardaí and members of the Defence Forces cannot avail of the scheme.