ADULTS FOUND IN possession of drugs for personal use for the first time can now be referred by gardaí to the health service.

The Health Referral Scheme – a pilot programme by the Department of Health, Department of Justice, HSE, and An Garda Síochána – came into effect at midnight.

The scheme allows gardaí to refer eligible first-time offenders found in possession of a small quantity of controlled drugs for personal use to health supports, as an alternative to prosecution or an adult caution.

Last year gardaí recorded over 10,000 incidents of possession of drugs for personal use.

The Department of Health said the “health-led” approach is intended to “encourage early engagement with services, provide practical advice and reduce the potential long-term impact of a first personal possession offence”.

“The scheme is being introduced as part of a wider Government commitment to reduce drug-related harm, support people to access help at an earlier stage, and ensure that enforcement remains focused on those involved in the sale, supply and exploitation linked to illegal drugs,” it said in a statement. 

The government announced plans to bring in the Health Referral Scheme back in 2019; however, it was criticised by many as not going far enough. 

Only offences committed on, or after 1 September, are eligible for referral under the Health Referral Scheme. 

If a person has a previous conviction for drug use, or has an adult caution, they are not eligible for this scheme.

To avail of the scheme, the offender must admit to possession of a controlled drug for personal use at the time of the offence, and be willing to participate in the Health Referral Scheme.

If a person accepts the referral, they will contact the HSE and book an appointment at a SAOR (Support, Ask and Assess, Offer Assistance, Refer) practitioner. If a person doesn’t accept the referral, they will be prosecuted.

Possession of controlled drugs under Section 3 of the Misuse of Drugs Act remains a criminal offence. 

Minister for Public Health Jennifer Murnane O’Connor TD said the launch of the scheme “represents an important shift in how we respond to first-time possession of drugs for personal use”.

“It provides a more practical, health-led approach, recognising that people may need information, support and early intervention. Under the scheme, eligible individuals can be directed to services that can discuss their circumstances and offer appropriate information, advice and support,” she said in a statement. 

“By responding earlier and focusing on reducing harm, the scheme aims to support better outcomes for individuals, families and communities.”

Garda Commissioner Justin Kelly described the scheme as a “positive development”.  

“The commencement of this scheme allows our members to support harm reduction by directing first-time offenders to the health services,” he said in a statement.

“Drug use remains illegal and is a serious danger to the health of all users. Having a mechanism to steer those taking drugs towards support services, rather than into the criminal justice system, is a welcome step in tackling the overall issue of drug use in Ireland.”

The scheme was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act, 2024.