A BILL THAT proposes to legalise the personal use of cannabis is “a tiny step” in the direction Ireland needs to go in relation to drugs policy, the Dáil has heard.

Introduced by People Before Profit TD Gino Kenny, the Bill passed first stage in the Dáil unopposed in November 2022. 

The Misuse of Drugs (Cannabis Regulation) Bill 2022 proposes to amend the current legislation on possession of cannabis, which is the Misuse of Drugs Act.

If passed, it will make it legal for someone to possess up to 7g of cannabis.

The Bill was being debated in the Dáil today at Second Stage. 

While the amendment does not reference the cultivation of cannabis, it is anticipated that if approved by the Dáil then changes regarding cultivation of cannabis could be added at committee stage. 

At Cabinet yesterday, Health Minister Stephen Donnelly got agreement for a nine-month timed amendment for the Bill. 

Addressing the Dáil this morning, as the debate began, Kenny said the timed amendment is “very disappointed”. 

“This is a test of the will of your Government in relation to this issue,” he said. 

Kenny said the Bill is “very moderate”, adding: “Hopefully it’s a precursor to full regulation of cannabis.” 

“It’s a moderate Bill in relation to the simple possession of cannabis for personal use,” he said. 

“People being brought before a criminal court for simple, small amounts of drugs simply doesn’t work, it doesn’t work,” Kenny said. 

He said a “better system” is the decriminalisation of drugs. 

“Anti-drugs laws are anti-people, they’ve always been. Incarcerating people, criminalising people, stigmatising people, that’s what the last six decades have been. We want to dismantle that, we want to give people choice, and we want to stop stigmatising people, stop marginalising people and give people a right to exist without criminal sanction. That’s what this Bill is about today,” Kenny said. 

Speaking next, People Before Profit-Solidarity TD Paul Murphy said the Bill is a “tiny step in the direction we need to go”. 

In October, the Citizens’ Assembly voted to recommend that the State should take a health-led policy response to dealing with people who are in possession of drugs for personal use.

Murphy said today’s Bill is “nowhere near” the implementation of the full Assembly recommendations, adding: “Yet the Government wants to kick the can down the road and not do it.” 

Government stance

The Government is currently taking what it says is a “health-led approach” to the possession of drugs for personal use with the health diversion programme. 

The programme aims to divert people found to be in possession of drugs for personal use to health services, rather than towards the criminal justice system.

The health diversion programme does not involve the decriminalisation or legalisation of drugs.

Minister of State Hildegarde Naughton told the Dáil this morning that “there is an onus on Government now to consider the deliberations of the Citizens’ Assembly so that it can enhance the response to drug use, from a policy, legislative and service deliverly perspective”.

“Choosing to have a Citizens’ Assembly on drug use demonstrates the seriousness and gravity that Government gives to this issue, and it’s awareness of the impact of drugs on all corners and sections of our society,” she said. 

Minister of State Hildegarde Naughton speaking before the Dáil this morning Oireachtas TV Oireachtas TV

The Citizens’ Assembly vote to recommend that the State should take a health-led policy response was instead of a legalisation and regulation approach and would minimise or potentially “completely remove” the possibility of criminal conviction and prison sentences for simple possession. 

It entails a degree of decriminalisation of the possession of drugs for personal use, in favour of referring people to health services. 

This includes the possession of cannabis, mushrooms (psilocybin), cocaine, and other drugs. 

The Citizens’ Assembly published its final report last week. 

Speaking at the launch of the report, the head of the Assembly Paul Reid said Ireland should move towards the decriminalisation of possession of drugs for personal use. 

He said changing Ireland’s approach to drug use represents a “once in a generation opportunity” to help people affected by addiction.

Ahead of the debate today, a group of doctors, including GPs and psychiatrists wrote to Ministers, party leaders, health spokespeople and members of the Joint Committee on Health urging them to “robustly object” Kenny’s Bill. 

“While the upcoming Dáil debate will provide the legalization lobby with another opportunity to further undermine public respect for our drug laws and to gloss over the health risks, we hope that many other Deputies will use this as an opportunity to highlight the harms and dangers of cannabis and the folly of moves to legalize cannabis use,” they said.