This country has a drug problem. Within the EU, Ireland is unusual insofar as it is currently experiencing an exorbitant number of drug-related deaths, now at one of the highest levels in Europe. With one person now dying every day from drug-related incidents, it is simply impossible to ignore this worsening crisis. Two thirds of drug-related deaths in Ireland involve the use of illicit substances such as cocaine, heroin and opioids, with the remaining number involving alcohol. This crisis has numerous causes, but figures suggest that there are few effective solutions presently in place.
In recent years, there have been growing calls for the decriminalisation of drug use in response to this crisis. A common misconception is that this legislation would make illicit drugs legal to buy and sell. This is not the case. In contrast to the legalisation of drugs, which would see the regulation of a drug market, similar to that of alcohol or nicotine, decriminalisation legislation would only negate criminal charges against those in possession of drugs, their sale remaining an illegal offence.
At present, the possession of illegal drugs for personal use is a criminal offence in Ireland that can carry hefty fines and prison sentences of up to seven years. As well as being ineffective, the current system, involving the courts, is incredibly expensive. Considering the fact that it costs the State approximately €80,000 to imprison an individual for one year, and the fact that drug-related prosecutions have almost doubled in the last four years, the sustainability of current solutions is doubtful. There is much contention surrounding this topic, often fuelled by stigma and misconceptions; however, something clearly needs to change, and many argue that the decriminalisation of drugs is the solution this country so urgently needs.
Among the supporters of this change are members of the Labour Party. Earlier this month, Labour brought a private member’s motion to the Dáil, during which calls were made for the government to address the drug-related deaths crisis. In a statement to The University Times, Labour’s health spokesperson, Marie Sherlock TD, said: “This Government is failing on drug policy. Labour believes in a system of decriminalisation and a truly health-led approach. It’s time to take problem drug use out of the courts and wrap supports around people who need help. Criminalising, shaming and stigmatising people in addiction leads to a system that undermines and dehumanises those who need our support, care and compassion. It’s time to change it.”
Many parallels have been drawn between the policy Labour is proposing and the policy currently in place in Portugal. In response to sky-high overdose rates in the late 1990s, Portugal’s parliament decriminalised drugs in 2000 and reoriented the country’s response to the opioid crisis by reframing it as a public health issue, starting in 2001. A recent analysis of this reform carried out by the US-based Cato Institute has concluded that “judged by virtually every metric, the Portuguese decriminalisation framework has been a resounding success”. Since 2001, and unlike the majority of European countries, Portugal’s level of drug-related deaths has fallen dramatically and remains far below the EU average.
Speaking to The University Times, Labour Party Member of the European Parliament (MEP) Aodhán Ó Ríordáin outlined Labour’s position that drug users should be supported through the health system rather than being punished by the courts. “Drugs are with us; they most likely always will be. It’s how we educate people, and how we encourage people involved in drug use to seek help.” He further explained: “A courtroom is not the place for that to happen. Interacting with a nurse or a councillor, or a doctor, is a much better idea than interacting with a judge or a garda, a solicitor, or a barrister.” Ó Ríordáin also referred to essential factors that would need consideration were decriminalisation legislation to be passed. For instance, the limit to “what [quantity of drugs] could be reasonably assumed to be personal use” would need to be determined and written into law. In Portugal, this is a ten-day supply, although he acknowledged this may be seen as an excessive amount in Ireland. “Essentially, what we really need is a culture shift away from blaming the person who is taking the drugs to helping them”, he concluded.
The decriminalisation of drugs would help define drug use as a health and social issue rather than a criminal one, and thus, would likely reduce the damaging stigma attached to those who use drugs. This change could improve their health outcomes significantly. As well as seeking decriminalisation, Labour is calling on the government to “rapidly expand safer consumption spaces”, and to “provide multi-annual funding for harm reduction and recovery services”.
The response to the decriminalisation of drug possession varies within the government. While Fianna Fáil revealed its support for the decriminalisation of drug possession for personal use in its 2024 General Election manifesto, it indicated that its plan was unlikely to cover class-A drugs, which include the substances most often involved in drug-related deaths. In contrast, Fine Gael is staunchly opposed to decriminalisation, describing Fianna Fáil’s stance as “astonishing”. Jim O’Callaghan, Minister for Justice, Jennifer Carroll MacNeill, Minister for Health, and Tánaiste, Simon Harris, were unavailable for comment.
We have a pressing problem, one that is not being adequately addressed and one that will not simply disappear of its own accord. While some argue that the decriminalisation of drug possession will simply contribute to this crisis, many are in favour of its implementation. Regardless of one’s opinions on the matter, there is no denying the fact that current solutions are insufficient.
Whether or not legalisation is the correct route remains to be seen. However, considering the present condition, it could be argued that the risk involved with new solutions is outweighed by the inadequacy of current ones and is therefore worthy of trial. Although the inherent risk of drug use, or its prevalence in Irish society, would not be lessened, evidence suggests that this legislation would prevent hundreds of needless deaths and would aid the provision of support to some of Ireland’s most vulnerable citizens. While there is no sole, comprehensive solution, decriminalisation, many argue, would be a significant step towards tackling the drug-related deaths crisis this country is experiencing.