Oireachtas Joint and Select Committees

Tuesday, 12 July 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Sanctions for the Possession of Certain Amounts of Drugs for Personal Use: Discussion

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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Over the years, I have seen considerable stigma attached to many offences, particularly in relation to cannabis. I have seen people criminalised or even brought to court. One does not necessarily even have to have a conviction. If one is going to the United States, the question on the form was always about whether one was ever charged with an offence, rather than whether one ended up with a conviction. It led to loss of opportunity with regard to emigration and employment, consequences that were far in excess of what was done by a young man, usually, who was taking a substance and doing no harm no anybody else apart from himself.

Some changes were made over the years. The adult caution system came in. Close to the last minute, the possession of cannabis was removed from the list. A local garda superintendent who was dealing with one of a group of lads who might have taken responsibility for some cannabis that was in between the seats of a car, even though he might not have had any more responsibility than anybody else, might have felt that it was a once-off. However, there was no discretion, even for a local superintendent in a rural area, not to charge that person. There is a lot of fundamental unfairness in that system. At the same time, one sees people who are taking cocaine, in particular. They are enriching the Kinahans by buying cocaine. That has considerable consequences if one is balancing up the common good of society in general.

I have a question for Dr. Capaz. I am trying to figure out how the system works over there. Who decides whether it constitutes possession or supply? Does the tetrahydrocannabinol, THC, content come into it? There has been concern over the past 20 years that THC levels have risen and that more harm is being done to young men whose brains are still physically developing into their 20s. The concern is that they are, in effect, getting brain damage.

I also have a question for Mr. Condon and Mr. Tynan about their proposals. It has been suggested that small amounts should be decriminalised, as opposed to the stuff coming into the market in larger amounts. Do they think all drugs should be decriminalised? At what level do they think it should become a criminal offence? Those are my two questions.