Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The possession, sale and supply of controlled drugs is governed almost entirely by the Misuse of Drugs Act 1977, which falls within the remit of my colleague, the Minister for Health.  The possession of any controlled substance without due authorisation is an offence under the Act.  The legislation distinguishes between possession for personal use, which is dealt with under section 3 of the Act, and possession for sale and supply, which is dealt with under section 15.  The drugs which are controlled under that Act are listed in its Schedules.

Penalties for possession for personal use depend on the type of drug involved, be it cannabis or some other type of drug, and whether a summary conviction or a conviction on indictment is being sought.  Possession of cannabis or cannabis resin for personal use is punishable by a fine on first or second conviction, while third and subsequent offences are punishable by up to a year in prison for a summary conviction and up to three years for conviction on indictment.  Possession in any other case is punishable by up to one year in prison or a fine or both on summary conviction and up to seven years' imprisonment for conviction on indictment.

The law governing possession of drugs for sale or supply has been amended over the years mainly in order to increase the severity of punishment following conviction.  It currently provides that a person found in possession of drugs with an estimated street value of €13,000 or more is guilty of an offence which is subject not only to a maximum sentence of life imprisonment, but also to a presumptive minimum sentence of ten years imprisonment on a first conviction.  A ten-year mandatory minimum applies in the case of a second or subsequent conviction for such an offence.

I should also mention the Criminal Justice (Psychoactive Substances) Act 2010 with was introduced to allow the prohibition of supply-related activities involving any harmful new psychoactive substances and which was instrumental in shutting down the head shop industry in Ireland.

While I am satisfied with the suite of penalties in relation to drugs offences, it is an area that needs to be kept under review.  I acknowledge what Deputy Smith has said regarding his constituency. He may also wish to be aware of work under way in the context of the Government's national drugs and alcohol strategy, Reducing Harm, Supporting Recovery.

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