Adults found with a small quantity of controlled drugs for personal use may now be referred to the Health Service Executive instead of being prosecuted under Ireland’s new Health Referral Scheme.
The nationwide pilot scheme took effect on 1 September 2026. It gives An Garda Síochána an alternative response when dealing with an eligible person’s first drug-possession offence.
To qualify, a person must:
- Be at least 18 years old.
- Have no previous drug-possession conviction or adult caution.
- Admit that the drugs were intended for personal use.
- Agree to participate in the voluntary referral process.
The person must then contact the HSE and arrange an appointment with a trained SAOR practitioner. The appointment includes screening, discussion of the person’s substance use and support needs, and practical information and advice.
Further treatment or specialist support may be recommended where appropriate.
This is therefore not necessarily a compulsory rehabilitation programme. It begins with a screening and brief intervention, followed by additional support when needed.
The Health Research Board explains the intervention.
Anyone who declines the referral may instead be prosecuted under existing drugs legislation. Possession of a controlled drug remains a criminal offence under Section 3 of the Misuse of Drugs Act; the scheme does not legalise or decriminalise drug possession.
Garda Commissioner Mr Justin Kelly welcomed the initiative, saying it would allow Garda members to support harm reduction by directing eligible first-time offenders towards health services instead of the criminal justice system.
The Government says the scheme is designed to encourage early engagement with support services, reduce drug-related harm and limit the potentially lasting consequences of a first possession offence. It is also intended to allow Garda resources to remain focused on drug dealing, organised crime and exploitation. The Department of Health describes it as a new health-led pathway.
Potential benefits:
- It may help people address risky or problematic drug use at an early stage.
- It can prevent a first offence from resulting in a conviction that affects employment, education or travel.
- It treats some personal drug use as a health matter while retaining penalties for supply and trafficking.
- It may reduce unnecessary pressure on Gardaí, prosecutors and the courts.
- It can connect people with specialist services they might not otherwise approach.
Potential drawbacks:
- Eligibility is limited to first-time offenders, leaving little scope for people whose repeated offending may be connected to addiction.
- The decision depends partly on Garda discretion, which may raise concerns about consistency.
- There is no single fixed quantity defining personal use; Gardaí assess factors such as the amount and how the drugs are packaged.
- The scheme could place additional demand on already stretched health and addiction services.
- Because possession remains illegal, critics may regard the initiative as too limited and argue that broader legal reform is needed.
- Referral information remains relevant to how any later offence is handled, even though the first incident is diverted from prosecution.
The scheme represents a significant change in Ireland’s response to first-time personal drug possession, but its impact will ultimately depend on consistent implementation, adequate HSE resources and whether participants meaningfully engage with the support offered.
However, questions remain. Could participants be pressured to reveal the source of the drugs, and is the scheme genuinely focused on public health, or partly intended to ease pressure on Ireland’s overcrowded prisons?
Official information describes the scheme as voluntary and focused on screening, advice and support; it does not state that participants must identify a supplier. There is also no published evidence that reducing prison overcrowding is one of its stated objectives.
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