A study has discovered that despite a shift in policy favouring less punitive measures, individuals found in possession of marijuana for personal consumption are thrice as likely to face legal prosecution rather than receiving a police warning. Research conducted by the Government in exploring alternatives to coercive sanctions (ACScs) identified nine currently functioning pathways which depart from the conventional punitive response to drug use. This research was prompted by the Citizens’ Assembly’s recommendation for an approach centred on public health to drug use, as well as a wider European initiative encouraging member states to opt for alternative reactions.
The report, published on Tuesday, argues that criminalising drug possession has proven ineffective in reducing consumption whilst simultaneously causing damage to individuals and society, and overburdening the justice network’s resources. One such alternative to possession crimes is the police warning system for unaggravated possession, which, the report suggests, has been underutilised in terms of marijuana cases. From December 2020 to February of the following year, a mere 5,139 individuals received an official warning compared to a staggering 17,125 individuals who were prosecuted.
The report indicates broad support for ACScs from key stakeholders, especially amongst probationary and court employees and the judiciary. It posits that Ireland is on the cusp of a radical transformation in its justice system’s approach to drug use, to a more practical and compassionate model. The existing European Drug Action Plan recognizes the necessity for member states to increase availability of methods to replace coercive punishments.
The recent Citizens’ Assembly on Drug Use has recommended expanding alternatives like recovery justice and youth diversion programmes in addition to a thorough health-oriented approach to possession for personal use. Out of the currently active nine alternative measures for drug possession crimes, only the police warning scheme operates nationwide, although concern prevails over a lack of public awareness.
Other possible measures include the Dublin and Limerick Law Engagement & Assisted Recovery (Lear) Initiative, designed to engage with individuals with complicated needs. The Dublin Drug Treatment Court, operational since 2006, serves the residents of the city’s northern inner area, who’ve committed minor offences as a result of illegal drug use and focuses on treatment and rehabilitation. Comparable court-based initiatives are operational in the counties of Louth and Cork, while the report also refers to a variety of drug treatment schemes as other potential alternative solutions.
Tony Duffin, independent leader of the group that generated the report, specified that it “illustrates a burgeoning readiness among practitioners to further widen these options”.