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

Dr. Nuno Capaz:

On the first part, we have a threshold chart that quantifies what is considered to be ten days' usage for every illicit substance. We have a chart that quantifies what a personal dose is for every substance. Then we multiply this by ten and if a person has more than that, it might be considered a criminal offence and they will be referred to a court of law. If a person is below that limit, they will be sent to the dissuasion commission as an administrative offence. The police officers also have to cross-check with other indicators such as if there is any surveillance material, if it is a trafficking situation, if the substance is divided into individual doses or if the person also has a lot of money in their possession. The threshold chart determines where the police send the paperwork in the beginning and then either the courts or the dissuasion commission determines, after talking to the person, if it a personal use situation or a supply situation. If it is a supply situation, it is always a criminal offence regardless of the amount of substance. If it is a supply situation, the court keeps in mind the active principle contained in the substance to determine and fine-tune the individual doses of that substance and it can refer the procedure to us even though the person had more than ten days' usage. The threshold chart is basically there to remove the discretionary power from the police officer on the street.