People caught with cannabis three times more likely to be prosecuted than given a police caution

People caught with cannabis for personal use are three times more likely to be prosecuted than given a Garda caution, despite a policy shift away from criminal sanctions, a report has found.

A government review of alternatives to coercive sanctions (ACSc) has identified nine existing pathways away from the traditional criminal justice response. This builds on the Citizens’ Assembly’s support for a health-focused response to drug use and a broader European initiative for Member States to adopt alternative responses.

“Criminalization of drug possession has proven ineffective in reducing drug use while simultaneously causing harm to individuals and society and placing continued pressure on justice system resources,” the report, released Tuesday, notes.

One of the alternative measures to possession, the Garda adult caution scheme for simple possession, has also had limited uptake in relation to cannabis, he said. Between December 2020 and February this year, a total of 5,139 people were given a formal caution, compared to 17,125 people prosecuted.

The report identified a general interest in ACS among stakeholders, particularly among probation officers and court workers and within the justice system. “Ireland is on the verge of transforming the way its justice system responds to drug use in a more effective and humane way,” the report said.

Part of the current European Action Plan on Drugs identifies the need for Member States to “strengthen the availability” of measures proposed as alternatives to coercive sanctions.

The recent Citizens’ Assembly on Drug Use recommended expanding alternatives such as restorative justice and youth diversion programs, as well as a comprehensive health-focused response to personal possession.

Of the nine alternative responses to drug possession, only the Garda caution system operates nationally, although there are sometimes concerns about a lack of general awareness.

Other potential responses include the Law Engagement & Assisted Recovery (Lear) programme, based in Dublin and Limerick, which focuses on engagement with people with complex needs.

The Dublin Drug Treatment Court, established in 2006, is aimed at residents of the north inner city who have committed minor offences as a result of their illicit drug use and focuses on treatment and rehabilitation. Court programmes also operate in counties Louth and Cork, while the report highlights that various drug treatment programmes are other existing alternative pathways.

Tony Duffin, independent chair of the group that produced the report, said that as well as mapping out these options, it “highlights a growing desire among practitioners to expand these options further”.