New Garda pilot scheme offers health referral instead of prosecution for minor drug possession
DUBLIN — From Tuesday, Gardaí can refer some adults caught in possession of small amounts of drugs for personal use to the HSE instead of prosecuting them, under a new pilot scheme.
The Health Referral Scheme gives An Garda Síochána an alternative response to persons over 18 found in possession of a small quantity of controlled drugs for personal use, according to the Irish Mirror. The referral is an alternative to prosecution for simple possession and to an adult caution, The Irish Times confirmed.
The scheme, which takes effect immediately, was developed in conjunction with the Department of Health and the Department of Justice, in partnership with the HSE and the Gardaí, the Irish Mirror reported. It was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act, 2024, and comes into effect at midnight on 1st September 2026, meaning only offences committed on or after that date are eligible.
Referrals can only be made by An Garda Síochána if it is the offender's first drug offence. A person with a previous conviction for drug use, or who has an adult caution, is not eligible, according to ie. 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 scheme.
If a person accepts the referral, they will contact the HSE and engage in a rehabilitation and treatment programme, the Irish Mirror reported. The Irish Times added that this involves booking an appointment with a Saor practitioner, a specially trained healthcare or social care worker. If the person does not accept the referral, they will be prosecuted under the relevant drugs legislation.
Possession of controlled drugs under Section 3 of the Misuse of Drugs Act remains a criminal offence, both outlets noted.
The scheme is being introduced as part of a wider plan to reduce drug-related harm, support people to access help at an earlier stage, and ensure enforcement remains focused on those involved in the sale, supply, and exploitation linked to illegal drugs, The Irish Times reported.
The introduction of the scheme has been welcomed by Eamon Keenan, national clinical lead in addiction services with the HSE, who said it showed "the value of health and justice services working together" to provide a more effective, health-led response.
"By engaging people early and connecting them with appropriate supports, we can reduce harm, support better outcomes for individuals and deliver a clear public benefit for families and communities," he said.
Minister of State for Public Health, Wellbeing and the National Drugs Strategy Jennifer Murnane O'Connor described the scheme as "an important shift" in how the State responds to first-time possession of drugs for personal use, according to The Irish Times.
Garda Commissioner Justin Kelly said the Health Referral Scheme is "a positive development" and that An Garda Síochána had been "working closely with Government stakeholders to prepare for implementation of this policy."
"The commencement of this scheme allows our members to support harm reduction by directing first-time offenders to the health services," Kelly said in a statement reported by ie. "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."
Minister for Justice Jim O'Callaghan said the scheme would provide gardaí with "another proportionate option" while maintaining a firm focus on tackling drug dealing, serious harm, and organised crime, The Irish Times reported.