Evolution or Revolution? Assessing the Recommendations of the Citizens' Assembly on Drug Use

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Dec 2

Ever since the United States declared the "war on drugs" in 1971, Irish policy has broadly aligned with an avowedly penal approach to tackling illicit drug use. Indeed, following a surge in heroin abuse witnessed in the 1980s, the approach of the Government of the day seemed geared towards supply-reduction, which led to the introduction of the Misuse of Drugs (Amendment) Act in 1984. This policy was underpinned by a view of drug abuse as a poor personal choice rather than a consequence of socio-economic circumstance. It wasn't until 1992, in light of the HIV epidemic, that a policy of harm reduction was favoured by the Irish Government, and even this approach was limited to the provision of methadone and the opening of needle exchanges. Today, while more health-based and diversionary services are available to those struggling with addiction, Ireland's approach to drug use retains a strongly penal character. At present, Section 3 of the Misuse of Drugs Act 1977 makes the possession of drugs for personal use an offence carrying a penalty of up to 12 months in prison.

"Today, while more health-based and diversionary services are available...Ireland's approach to drug use retains a strongly penal character."

Calls for Change

There have been calls for reform of Irish drug policy for several years now, with many advocating for a shift from a penal model towards a health-based approach. This proposed shift envisages a limited decriminalisation of certain drugs. For example, such a policy might endorse a practice of giving people who are found to be in possession of drugs for personal use the opportunity to engage with treatment services in lieu of punishment. While, under this approach, the possession of a proscribed drug would remain illegal, discretion would be granted to the Gardaí and prosecuting authorities in the interest of allowing drug users the opportunity to seek treatment and in preventing the adverse social effects that come with a criminal conviction. In fact, this policy is already being practised in a limited manner. The Adult Cautioning Scheme, was expanded in 2020 to provide that people found in possession of small amounts of cannabis or cannabis resin will receive a warning instead of a criminal conviction, although repeat offenders may still be prosecuted.

The repeated calls for broader policy reform led the Government to establish the Citizens' Assembly on Drug Use in early 2023. This involved a group of 99 randomly selected people being brought together to consider various issues related to drug policy in Ireland. Members heard from a variety of stakeholders, including medical professionals, community workers, Gardaí, and those with lived experience of drug use. After meeting over the course of 6 months, the Assembly agreed on 36 recommendations on drug policy reform to be presented to the Government, reflecting a broad agreement that a shift towards a health-based approach to drugs is necessary.

Recommendations of the Assembly

The approach recommended by the Assembly in October 2023 amounts to a limited decriminalisation of certain drugs, with greater emphasis to be placed on affording health-based solutions to those struggling with addiction. While possession of drugs would remain illegal under this model, those found in possession would be provided with an extensive range of alternatives to criminal sanction, including Garda referrals to recovery programs and addiction services. Greater public investment in mental health services, prevention programmes, and treatment services was also recommended by the Assembly.

"While the Assembly voted overwhelmingly against the maintenance of the "status quo" in respect of drug policy, there was some division on specific proposals."

While the Assembly voted overwhelmingly against the maintenance of the "status quo" in respect of drug policy, there was some division on specific proposals. In addition to the choice faced by the Assembly between endorsing current Irish laws and recommending the adoption of a health-led policy, members were also given the option of selecting a "legalisation and regulation" model. Under this approach, possession of particular drugs would be totally decriminalised. However, the Government would be tasked with ensuring a newly legalised drug is regulated, so as to control its potency and ensure that it is not laced with harmful substances. Just 8 members of the Assembly voted for this approach to be taken towards cocaine. However, a quarter favoured it in respect of hallucinogens such as magic mushrooms or Dimenthyltryptamine (DMT). Just under half voted for the legalisation and regulation of cannabis. It has been suggested that submissions from the Irish College of General Practitioners regarding the potential dangers of cannabis may have influenced the latter decision.

While the 36 recommendations of the Assembly undoubtedly represent a shift from treating drug use as a criminal matter towards regarding it as an issue of public health, they do not represent the radical departure from the status quo that some had expected. In particular, given the push towards the greater legalisation of cannabis across Europe, one may ask whether the recommendations of the Assembly were out of line with a general trend of viewing cannabis as a drug of minimal harm. Additionally, given the fact that cannabis is frequently used recreationally, it is difficult to see how health-based interventions would be of much benefit to users without a clinical dependency.

Towards Portugal?

Many advocates for the liberalisation of Irish drug policy point to the so-called "Portuguese Model." This approach, introduced in Portugal in 2000, was a response to high levels of drug-related HIV infections. It employed a similar method of decriminalisation to that recommended by the Irish Citizens Assembly and saw the Portuguese Government invest heavily in the opening of new treatment centres, the provision of substitution treatments, and the distribution of drug paraphernalia. Its results were laudable: a marked increase in the uptake of treatment, a sharp drop in HIV cases, and one of Europe's lowest drug related death rates.

Former CEO of the HSE and chair of the Irish Citizens Assembly on Drug Use, Paul Reid commented that the Assembly's recommendations amounted to an "Irish version of the Portuguese model." However, what was key to that model's success was a commitment to large-scale expenditure over a significant timescale. Given the fact that existing addiction treatment services are described as being "on life support," it seems that the recommendations, however commendable they may be, risk being scuppered by resource constraints.

"Given the fact that existing addiction treatment services are described as being "on life support," it seems that the recommendations...risk being scuppered by resource constraints."

It must also be noted that the Portuguese model is currently coming under renewed criticism from that nation's citizens. Portugal has recently witnessed a spike in drug use and a rising crime rate, with many laying the blame on its lenient attitude towards substance abuse. The fact that police there are seen as powerless to tackle the rising urban visibility of drug use, coupled with the long waiting lists for state-run treatment centres, has led many to argue for a review of the country's progressive approach.

What Now for Ireland's Drug Laws?

It must be acknowledged that while the recommendations of the Citizens Assembly represent an important shift in Irish perceptions of drug policy, the Government is under no obligation to follow them. Given the resource constraints that seem to permeate Ireland's public services, it remains questionable whether the comprehensive health-led approach anticipated by the Assembly will become a political reality anytime in the near future. In a political sphere dominated by debates around the housing crisis, our beleaguered hospitals, and a stubbornly high cost of living, we may see the Assembly's recommendations slide down the political agenda. While we should welcome the radical shift in Irish perceptions of drug use and the way in which it is tackled, we must ensure that the recommendations of this Assembly amount to real change.

By David O'Sullivan

All ideas, beliefs, and opinions presented are those of the author and not necessarily those of The Eagle.