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How the recreational user becomes the small-time dealer in the eyes of the law

Gardaí say young people who have never been in trouble with the law find it hard to understand that a normal part of their social lives is actually a serious criminal offence.

This week, TheJournal.ie is taking a closer look at Ireland’s relationship with illegal substances. More people in Ireland are using drugs than ever before. We’ll look at why that is… and the possible consequences.

LAST YEAR GARDAÍ recorded more than 12,000 incidents of possession of drugs for personal use and a further 4,000 ‘sale or supply’ offences. 

Many people caught in possession of illegal substances consider themselves ‘recreational’ drug users – ‘a few lines in the toilets on a night out’ or ‘the odd pill, but only at music festivals’. It can come as a shock to them, then, when this ‘recreational’ use lands them in trouble with the law.

The government is considering decriminalisation of drugs for personal use, but currently it is a criminal offence to possess even a small amount of an illicit substance. 

One garda explained to TheJournal.ie that young people at music festivals or clubs get a rude awakening when they are caught doing something that has become a normal part of their social lives. 

“The most they would be found with would be for personal use  – maybe one or two [ecstasy] tablets or one small bag of coke. They’d be brought back for a search, with consent, and if nothing more is found they would be released, with a summons to follow once the drugs are analysed.”

Possession of any controlled substance is an offence and penalty for personal use is usually a fine, particularly if the substance is cannabis and it is a first or second offence.

Most offenders in these circumstances can avoid a criminal record, but this recreational use can have more serious consequences for a person if they stray into ‘sale or supply’. 

Shutterstock / serpeblu Shutterstock / serpeblu / serpeblu

“More often than not it’s the person who bought for the group of mates who is caught, not the actual dealer. They’ve all put their money together and technically one supplies all the mates and he is caught. If he has never been in trouble before, he can’t understand the supply aspect of the arrest,” they explained. 

It’s so easy for a lad to buy too much coke or 100 pills at the discount rate and then make double his money or more on what he bought. Small-time dealers would get the brunt of the charges, it’s always the way. They are never, or rarely, willing to give up who they sell for.

“It’s a tough situation for some guards making the arrests and recommending charges because we know it’s only for their friends.”

A public health concern

Detective Sergeant Brian Roberts from the Drugs and Organised Crime Bureau echoes this sentiment. 

“Many young people are unaware when they buy drugs for themselves and their friends that this is a much more serious offence under the current legislation in this country than they might realise,” he told TheJournal.ie. 

A conviction for sale and supply, depending on the substance and the amount – and the judge – can result in a prison sentence. But Roberts said this should not be the main concern for young people who consider themselves recreational drug users. 

“Yes it is illegal and a person can find themselves in court for possessing drugs but this consideration should be secondary to the risk to their own personal health and well being,” he said.

ELECTRIC PICNIC DAY 2 140_90522122 Gardaí have conducted operations at music festivals in recent years and have seized small quantities of drugs from young people. Sam Boal Sam Boal

“There is one common theme which should be a priority to us as a society and that is when drug use becomes a public health concern for individuals or communities’ then helpful intervention is crucial.

Why we police the availability of controlled drugs is principally because it is a public health concern. Of course An Garda Síochána has a responsibility and a focus on tackling criminal groups involved in the trafficking and sale of drugs, but ultimately our efforts must remain relentless because of the fact that, on average, almost every day a person dies from drug poisoning in this country.

The most commonly used illicit substances in Ireland are cannabis, ecstasy and cocaine. And despite specific legislation to try to curb the use of new psychoactive substances, they remain prevalent – 3% of the population over the age of 15 have used one. 

With 700 new psychoactive substances in the European market now, Detective Sergeant Roberts said the effects of these drugs can be “devastating”. 

“Now when a young person in Ireland smokes a new synthetic cannabinoid, they refer to it as ‘Spice’ or ‘Bonzai’, which is the street term they know this so-called new form of cannabis by.

The fact is that these slang names mean nothing as it is not cannabis as we have ever known it.

He said these drugs could be “any one of 180 new chemical compounds that are psychoactive” and there is little research about their short- or long-term effects. 

“Today when somebody consumes a powder or a pill that they genuinely don’t know what’s in it. Fifteen years ago when a person bought a white powder they could assume it to be amphetamine or cocaine.

“Similarly when someone sourced ecstasy back then it would most usually contain MDMA. This is no longer the case. Recent research in Wales shows that 49% of a large sample set of ecstasy tablets analysed did not contain MDMA as they would be expected to.”

‘Enough to kill a person’

Roberts said the smallest amount is “enough to kill a person” and there is a significant risk if people are taking a pill or powder without knowing what is in it. 

Gardaí have seen stimulant white powders sold as cocaine, or mixed into it, and have also found the “extremely dangerous” synthetic opiate fentanyl in heroin. The average strength of an ecstasy in Ireland is 120mg but Roberts said it can vary from 50mg to 300mg, which can be a dangerous dose. 

New legislation to decriminalise drugs for personal use is expected early next year after a working group appointed by Minister of State for the National Drugs Strategy Catherine Byrne makes its recommendations. 

And while Detective Sergeant Roberts said gardaí will continue their work targeting the often violent gangs controlling the illegal drug enterprise, there is a recognition that “you cannot just police a drug problem away”. 

“Illegal drugs will continue to be policed at every level in our society but the message from authorities today must have a modern focus and that is to educate young people. These dangers are new. And they are real.”

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31 Comments
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    Mute Lily
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    Nov 6th 2014, 10:17 AM

    :’)

    The power of imagination. .

    Brilliant ad.

    248
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    Mute Tribes Man
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    Nov 6th 2014, 1:19 PM

    John Lewis advert??? what country is this author from certainly not mine.
    Buy Irish this Christmas support Irish business not foreign companies.

    26
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    Mute Goggles McGlasses
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    Nov 6th 2014, 4:24 PM

    Bah Humbug to you too…
    When Dunnes Stores starts making ads with cute penguins looking for love then I’ll watch them but until then we have John Lewis and Monty.

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    Mute Yvonne Smyth
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    Nov 6th 2014, 9:06 PM

    Love it!!

    6
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    Mute Chelsea Berry
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    Nov 6th 2014, 10:48 AM

    Not until I see the coco cola truck ad & the Kellogg’s cornflakes ad then Christmas will begin !

    181
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    Mute Catherine Sims
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    Nov 6th 2014, 10:54 AM

    Tis the coke truck for me too and it used to be the Budweiser horses in the snow too lol,

    119
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    Mute Rick
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    Nov 6th 2014, 11:45 AM

    Me too Catherine. Holidays are comin’. Holidays are comin’. Only Coke Cola. I will be singing it to myself all day now even though I hate Christmas. The grinch has nothing on me. Holidays are comin’.

    26
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    Mute Heather Pender
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    Nov 6th 2014, 10:24 AM

    Really lovely.
    Brought a little tear to my eye at the end I must admit

    121
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    Mute Mel Fitzpatrick
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    Nov 6th 2014, 1:22 PM

    Brilliant Ad…
    but did anyone else think that the mother looked kinda disappointed as if to say “Jaysus he’s playing with those f$*king penguins again!” – or is it just me?

    83
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    Mute Susanne Hayden
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    Nov 6th 2014, 10:58 AM

    John Lewis are selling penguin teddys online for 95 pounds, day light robbery

    63
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    Mute Symbolism
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    Nov 6th 2014, 11:47 AM

    And now you’ve to get two !

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    Mute Big Yellow Crane
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    Nov 6th 2014, 12:25 PM
    10
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    Mute Big Yellow Crane
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    Nov 6th 2014, 12:27 PM

    Though this one looks more like the one in the ad. £7.50

    http://www.johnlewis.com/store/jellycat-peanut-penguin-soft-toy/p1545196?navAction=jump

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    Mute tk0CXKzL
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    Nov 6th 2014, 10:34 AM

    Lovely stuff…but p**s off until mid December yeah? Sick of Christmas being celebrated over two months just sell as much crap as possible to the fish who take the bait.

    54
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    Mute Catherine Sims
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    Nov 6th 2014, 10:46 AM

    Grinch is up early today it seems lol stop running our fuzzes for today will you ? Geez !

    30
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    Mute tk0CXKzL
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    Nov 6th 2014, 10:50 AM

    Na i just don’t feel like celebrating one day over two months, and being bombarded with stuff I don’t need.

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    Mute Goggles McGlasses
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    Nov 6th 2014, 4:27 PM

    Nobody made you click into the article and watch the ad though did they?? I spy a closet Christmas fan over here

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    Mute poisonivy
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    Nov 6th 2014, 10:55 AM

    I didn’t know I could just ask santana for a boyfriend!!!

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    Mute Ivan Gardiner
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    Nov 6th 2014, 11:09 AM

    Smooth

    54
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    Mute poisonivy
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    Nov 6th 2014, 11:09 AM

    Damn you autocorrect!

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    Mute Gary Mason
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    Nov 6th 2014, 11:29 AM

    At least Santana is real

    40
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    Mute Grace Jeaney
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    Nov 6th 2014, 10:18 AM

    Ahh lovely!

    45
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    Mute mcgoo
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    Nov 6th 2014, 10:32 AM

    Love the John Lewis Christmas stuff

    39
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    Mute Sam
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    Nov 6th 2014, 10:52 AM

    Damn it I need to man up. Always left in a blubbering mess. Great ad

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    Mute Smiley
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    Nov 6th 2014, 10:28 AM

    It really is delightful.

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    Mute Inntalitarian
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    Nov 6th 2014, 10:30 AM

    quite, darling

    23
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    Mute Stephen Mc Elligott
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    Nov 6th 2014, 10:22 AM

    Love that song.

    32
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    Mute Paul Murphy
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    Nov 6th 2014, 10:55 AM

    Have I accidentally gone to thejournal.co.uk ?? English company decides when Christmas starts in Ireland? WAIT UNTIL SINN FÉIN HEARS ABOUT THIS.

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    Mute Liam is ainm dumb
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    Nov 6th 2014, 12:12 PM

    Reminds me of Calvin and Hobbes

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    Mute Tricia Golden
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    Nov 6th 2014, 12:23 PM

    Exactly my though too

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    Mute Darragh O Meara
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    Nov 6th 2014, 11:36 AM

    Looks like John Lewis accidentally bought a truck full of penguin soft toys and wanted rid of them pronto.. Good ad though.

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    Mute Brenda
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    Nov 6th 2014, 1:28 PM

    My 5 yr old is going to ‘need’ a real penguin after seeing this..

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    Mute ÉiRed
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    Nov 6th 2014, 10:12 AM

    What irresponsible parents bought their son a penguin for Christmas?

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    Mute vv7k7Z3c
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    Nov 6th 2014, 10:15 AM

    Erm…. Did you watch to the end? ;)

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    Mute Dave Martin
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    Nov 6th 2014, 10:18 AM

    Try watching the whole ad!

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    Mute Dublinguy2013
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    Nov 6th 2014, 10:20 AM

    Is it ok to buy one at Easter?

    26
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    Mute Inntalitarian
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    Nov 6th 2014, 10:30 AM

    If you watch to the end you will see that the penguin is in actually the child’s father.

    70
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    Mute thetruth
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    Nov 6th 2014, 10:30 AM

    But he needed a p p pick me up

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    Mute Paul Furey
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    Nov 6th 2014, 12:08 PM

    Superman is not real either. Sorry.

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    Mute Patrick Linehan
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    Nov 6th 2014, 10:30 AM

    Is that de Lough?

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    Mute mcgoo
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    Nov 6th 2014, 10:37 AM

    I thought that too!

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    Mute skullbaggio
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    Nov 6th 2014, 11:42 AM

    Fantastic, the warmth about this ad is heartfelt

    14
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    Mute ÉiRed
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    Nov 6th 2014, 10:19 AM

    I know Sinead, I was trying to be sarcastic :)

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    Mute Dublinguy2013
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    Nov 6th 2014, 10:21 AM

    Scarlet for you EiRed

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    Mute Liam Byrne
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    Nov 6th 2014, 1:19 PM

    Ah here, today is not the day for this *sniff*

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    Mute John Collins
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    Nov 6th 2014, 1:54 PM

    Who the f**k is John Lewis?? The Coca Cola advert tells when it’s officially Christmas.

    13
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    Mute Eddie O'Mahony
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    Nov 6th 2014, 12:54 PM

    Well that was rubbish!

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    Mute James Pelow
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    Nov 6th 2014, 4:29 PM

    Does anyone actually know who/what John Lewis is?

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    Mute Begley Ian
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    Nov 6th 2014, 11:08 PM

    Jesus, who left the onions laying about?

    3
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    Mute Niall Donnelly
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    Nov 6th 2014, 1:51 PM

    It’s not xmas till the coke ad is on

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    Mute Kathryn
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    Nov 6th 2014, 4:57 PM

    Bring on the Starbucks red cups too!

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    Mute Jonathan Sadlier
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    Nov 6th 2014, 11:55 AM

    http://youtu.be/GUII9EQQIcQ

    In aid of Age action and Christmas fm

    1
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