Oireachtas Joint and Select Committees

Thursday, 17 October 2024

Committee on Drugs Use

A Health-Led Approach: Discussion (Resumed)

9:30 am

Mr. Justin Kelly:

Yes. At the moment, cannabis is treated differently from all other drugs. That is the way it has always been. It is interesting because a lot of people probably do not fully understand the difference between the two. For cannabis at the moment, people will receive an adult caution the first time. The next time, the only thing that can happen is that the person is fined. After that again, it will be a fine. There is no possibility of imprisonment. That is the third one. On the fourth occasion, if people appear in the criminal justice system, a District Court judge can sentence them to imprisonment for up to 12 months. That is the fourth time. The reality is, however, that that is not what happens. We have a superb Judiciary and they take an approach under section 3 where they look at all the circumstances, and the reality of people going to jail for section 3 on that fourth time does not happen in our system. I prepared some statistics for the citizens' assembly. Back in 2022, there were 11,000 section 3 possessions.