What does it mean to decriminalise drugs?
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As Ireland prepares for a Citizens' Assembly on drugs use that is likely to kick off before summer, there is significant confusion about what drug policy reform might mean, especially around the difference between decriminalisation and legalisation.
The one thing there is broad agreement on is that our current drug policy is failing. Ireland has among the highest rates of overdose in the European Union. The EU average for drug-related deaths is 16.7 per million of population, while in Ireland, there are 73 deaths per million of population. There are more than 3,500 people waiting for a detox bed, of whom 72% are male and the average age is 32.
While drug use occurs at similar levels across social classes, people from marginalised communities are far more likely to be convicted due to a heavier Garda presence in those areas. In 2020, there were 15,846 arrests for possession of drugs for personal use. This made up about 70% of all drug-related arrests.
In many cases, the conviction causes more harm to the individual than their drug use did. Often, fear of prosecution and stigma are barriers that prevent drug users from seeking help.
A growing minority of politicians, doctors, and NGOs with direct experience in this area are calling for the decriminalisation of drugs for personal use. It is important to note that under decriminalisation, drugs and drug use remain illegal, but the consequences of being caught in possession of small amounts of drugs for personal use are not criminal.
Drug use is dealt with similarly to minor road traffic offences, which do not result in a criminal record or a court date. Consequences often include confiscation of the drug, fines, education classes, counselling, and in some cases mandatory or voluntary rehabilitation.
Portugal decriminalised all drugs in 2001 because they were faced with an epidemic of heroin addiction, spiralling HIV/Aids cases due to needle-sharing, and significant issues with petty crime.
After repeated attempts to solve the problem through the criminal justice system failed, they pursued this radical change of policy. They replaced criminal prosecutions for personal drug use with panels made up of judges, healthcare workers and social workers, and invested heavily in prevention and rehabilitation. The panels often recommend counselling or rehab for problem users. In some cases, where a person’s drug use is not problematic, they simply dismiss the case.
Drug use in Portugal remains at roughly the same levels as prior to decriminalisation. However, the country now outperforms most others in terms of the metrics used to monitor drug abuse: overdose deaths have fallen dramatically, HIV/Aids cases from needle-sharing are down, related crime has dropped and more people voluntarily engage with addiction services.
Similar approaches exist in countries including Croatia, Spain, Switzerland, Germany and Poland. Proponents of this model are keen to emphasise that drug trafficking, dealing, and pushing remain serious criminal offences. They argue that this will free up Garda resources spent tackling low-level drug use and allow them to focus on criminal gangs.
This approach has been advocated by politicians including independent senator Lynn Ruane, Aodhán Ó’Ríordáin of the Labour Party, and Gino Kenny from People Before Profit, each of whom has spent significant time understanding the issue and advocating for vulnerable drug users. Meanwhile, politicians from Fianna Fáil and Fine Gael have jumped on the bandwagon in recent days, using the terms decriminalisation and legalisation interchangeably.
Legalisation is a different model where illicit drugs are brought into the legal system, regulated and taxed, similarly to alcohol or nicotine products. The goal is to remove control of the lucrative blackmarket in drug dealing from criminal gangs, and to put safety standards in place.
Some countries have legalised cannabis, but it has not been introduced for hard drugs in any country. There is little research around legalising hard drugs, and conflating this idea with decriminalisation, which has a strong basis in evidence, only muddies the waters.
Currently, the Government is pursuing two conflicting approaches at the same time. The HSE has been moving towards evidence-based harm-reduction measures including supervised injection facilities, opioid substitute treatment and needle exchanges.
Meanwhile, in the justice system, a strict adherence to prohibition is still in place and drug users are seen as criminals. Mixed messages from the departments of health and justice only add to the confusion already felt by the public.
The Citizens’ Assembly will give the public an opportunity to better understand how problems like drug abuse, addiction, related health issues and petty crime can be resolved. In the meantime, we deserve well thought through contributions from our public representatives on drug policy reform.
Solo runs by politicians who have put little thought into drug reform but spot a chance to grab headlines are unhelpful.