Written answers

Tuesday, 18 April 2023

Department of Justice and Equality

Cannabis for Medicinal Use

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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92. To ask the Tánaiste and Minister for Justice and Equality if he is aware that a person (details supplied) was sentenced to five years in jail in December 2022 and is currently in Limerick Prison for donating medical cannabis to people suffering pain; if he will change the law in this regard and release the person; and if he will make a statement on the matter. [17671/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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As the Deputy will appreciate, as Minister for Justice I cannot comment on any individual case. Sentencing is of course a matter for the Judiciary, who are entirely independent in the exercise of their functions. I cannot intervene in the outcome of any court proceeding.

The Deputy may also be aware that the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland. The implementation of the strategy is led by the Minister for Health and the Minister of State with responsibility for Public Health, Wellbeing and the National Drugs Strategy. However, the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.  

The strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs - and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports vulnerable people who use drugs, it is also matched with strengthened enforcement measures across Government to tackle the supply of illegal drugs.

The Misuse of Drugs Acts and associated Regulations are the main laws regulating illicit substances, including controls relating to: cultivation, licensing, possession, administration, supply, record-keeping, prescription-writing, destruction and safe custody. The Acts establish offences and penalties relating to the practice of cultivation of currently illicit substances. This legislation is under the remit of the Minister for Health. 

I can inform the Deputy that officials in my Department engage with all stakeholders under the structures of the drugs strategy, namely the National Oversight Committee, chaired by the Minister of State with responsibility for Public Health, Wellbeing and the National Drugs Strategy, the Standing Sub-Committee, and associated working groups.

I welcome the recent Government agreement to establish a Citizens’ Assembly on Drug Use to consider the legislative, policy and operational changes the State could make to significantly reduce the harmful impacts of illicit drugs on individuals, families, communities and wider society.

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