Ferrys Solicitors · Criminal Defence
What Ireland’s new approach to first-time drug possession means for you, and what it does not change.
In effect from 1 September 2026
Small amount for personal use
Drugs have not been legalised or decriminalised in Ireland. Possession of a controlled drug for personal use remains a criminal offence under section 3 of the Misuse of Drugs Act 1977, as amended. What has changed is the range of options available to An Garda Síochána when dealing with an eligible first-time offender.
A significant change in the way Ireland deals with certain drug possession offences came into effect on 1 September 2026, with the introduction of the new Health Referral Scheme (HRS). The scheme represents a move towards a more health-led response for some people found in possession of a small quantity of controlled drugs for their own personal use.
From 1 September 2026, where an adult is found in possession of a small quantity of controlled drugs which Gardaí determine is for personal use, Gardaí may, provided the person meets the relevant criteria, refer that individual to the Health Service Executive (HSE) rather than proceeding directly with a prosecution or an adult caution.
The purpose of the scheme is to give eligible first-time offenders an opportunity to engage with health services and address their drug use without immediately entering the criminal justice system.
The scheme has been developed by the Department of Health and the Department of Justice, Home Affairs and Migration, in partnership with the HSE and An Garda Síochána.
The scheme does not automatically apply to everyone found in possession of drugs. To be considered for a referral:
A referral is therefore not an automatic entitlement simply because only a small amount of drugs has been found.
An eligible person who accepts a referral will be given information by An Garda Síochána about the next steps. This involves contacting the HSE and arranging an appointment with a SAOR practitioner.
The process is intended to provide a health screening and brief intervention in relation to the person’s drug use. It can include discussing their drug or alcohol use, providing appropriate advice and, where necessary, directing them towards further treatment or support services.
The objective is not simply to punish the individual, but to identify whether there is an underlying issue with drug use and, where appropriate, provide an opportunity to obtain assistance.
No. This is perhaps the most important aspect of the new scheme.
Possession of controlled drugs remains a criminal offence in Ireland. The Health Referral Scheme does not legalise drugs and it does not amount to general decriminalisation of possession. Instead, it provides Gardaí with an alternative response in certain eligible cases.
The distinction is important. Gardaí retain their enforcement powers, and the new approach is specifically directed towards eligible first-time offenders found with small quantities for their own personal use. Enforcement against the sale and supply of drugs and organised criminal activity remains unaffected.
Participation in the scheme requires the agreement of the person concerned.
You contact the HSE, attend a SAOR appointment and are not prosecuted for the possession offence.
The matter can proceed through the courts and you may be prosecuted under the relevant drugs legislation.
If an eligible person does not accept the Health Referral Scheme, the matter can proceed through the ordinary criminal justice process and the individual may be prosecuted under the relevant drugs legislation.
Anyone offered a referral should therefore understand both the legal implications of the original offence and the requirements of the scheme before deciding how to proceed.
One feature of the scheme deserves particular attention. A referral can only be made where the person admits possession of the drug for personal use at the time of the offence.
An admission made at the roadside, at a festival or in a Garda station is not undone if a referral does not ultimately follow. Eligibility is a matter for the Garda dealing with the incident, and it depends on the individual circumstances and the applicable Garda policy.
That is why anyone who is unsure of their position, and in particular anyone who is not certain that they meet every eligibility criterion, should obtain legal advice before making any statement or signing anything in a Garda notebook.
If you have been arrested, or asked to attend voluntarily, you are entitled to speak to a solicitor at the Garda station before you say anything. Our drug charges defence team is available 24 hours a day.
The underlying philosophy is that, in appropriate cases, drug use can be addressed as a health issue as well as a criminal justice issue.
For a first-time offender, particularly a younger adult, a criminal conviction for possession can have consequences extending far beyond the immediate court case, including Garda vetting, employment, third-level study and visa applications to countries such as the United States, Canada, Australia and New Zealand. For non-Irish nationals the stakes can be higher still: convictions and cautions must be disclosed on an application for Irish citizenship by naturalisation, where the applicant must satisfy the good character requirement.
The Health Referral Scheme provides an opportunity to intervene at an earlier stage, direct an individual towards appropriate health services and potentially avoid a criminal conviction, while maintaining the prohibition on possession of controlled drugs.
Garda Commissioner Justin Kelly described the scheme as a mechanism for directing first-time offenders towards support services rather than immediately into the criminal justice system, while emphasising that drug use remains illegal.
The introduction of the Health Referral Scheme is an important development in Irish drugs policy. It creates a new route for certain first-time offenders which focuses on health intervention and harm reduction rather than immediate prosecution.
At the same time, it does not change the fundamental legal position: possession of controlled drugs remains an offence.
Anyone found in possession should also remember that eligibility for the scheme will depend on the individual circumstances and the applicable Garda policy. The existence of the scheme should not be interpreted as meaning that possession of a small quantity of drugs will automatically result in a health referral rather than prosecution.
Anyone facing a drug possession allegation who is uncertain about their position should obtain legal advice in relation to their particular circumstances. Ferrys Solicitors provides discreet, non-judgmental representation in drug charges cases and across the full range of criminal defence matters.
For confidential information and support in relation to drug or alcohol use, the HSE Drugs and Alcohol Helpline can be contacted on:
1800 459 459No. Possession of a controlled drug for personal use remains a criminal offence under section 3 of the Misuse of Drugs Act 1977, as amended. The Health Referral Scheme gives Gardaí an additional option in eligible cases; it does not legalise or decriminalise possession.
An adult over 18 for whom it is a first drug offence, where the Garda determines the drugs are a small quantity for personal use, and where the person admits possession and agrees to take part. A previous drug conviction or a previous adult caution rules a person out.
SAOR stands for Support, Ask and Assess, Offer Assistance, Refer. A SAOR practitioner carries out a health screening and brief intervention regarding a person’s drug or alcohol use, and can direct them towards further treatment or support where needed.
Participation is voluntary. If you do not accept the referral, the matter can proceed through the ordinary criminal justice process and you may be prosecuted under the drugs legislation.
No. The scheme is directed at simple possession of a small quantity for personal use. Enforcement against sale and supply of drugs and organised criminal activity is unaffected.
Talk to us before you make a statement. Our criminal defence team answers the phone 24 hours a day, and the first conversation is confidential and without judgment.
This article is intended as general information only and does not constitute legal advice. It reflects the position as at 1 September 2026.
