Cannabis in Ireland

Under Irish law cannabis is not recognized as having any medical benefits. The most recent Misuse of Drugs (Designation) Order (S.I. No. 69/1998) lists cannabis, cannabis resin, cannabinol and its derivatives as schedule 1 drugs under the Misuse of Drugs Acts of 1977 and 1984. As a consequence manufacture, production, preparation, sale, supply, distribution and possession of cannabis is unlawful for any purpose, except under license from the Minister for Health. A license can be granted under section 13 of the 1977 act for the purpose of research, forensic analysis, or in respect of the use of the drug as an essential intermediate or starting material in an industrial manufacturing process. As recently as 2003 the Irish Medicines Board (under the Control of Clinical Trials Acts 1987 and 1990) granted permission to GW Pharmaceuticals for trials in Irish medical institutions for the use of a cannabis-based medicinal extract in controlling cancer and multiple sclerosis related pain. The licenses were granted by the Department of Health to allow trials in a county Cork hospice and Waterford Regional Hospital.

Enforcement

The gardaí (Irish police) have a level of discretion when dealing with recreational cannabis users. To procure a conviction any cannabis seized has to be sent for analysis to the Garda Forensic Science Laboratory. This, along with the time needed to process the arrest, means that individual gardaí may decide not to arrest for small amounts, but the drug will be seized and the name of the individual will be taken. Possession of cannabis is an arrestable offense and in 2003, 53 per cent of all drug seizures and 70 per cent of all drug-related prosecutions were for cannabis. Trafficking or possession with intent to supply are serious offenses under Irish law.

On being brought to court, the penalties for possession are outlined as follows: First offence: On summary conviction, to a fine not exceeding €381, or on conviction on indictment, to a fine not exceeding €635. Second offence: On summary conviction, to a fine not exceeding €508, or on conviction on indictment, to a fine not exceeding €1,269. Third or subsequent offence: On summary conviction, to a fine not exceeding €1,269 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment. There is no law against possession or sale of cannabis seeds.

Reform

In November 2013, a bill was presented to the Irish government by TD Luke 'Ming' Flanagan to legalize Cannabis in the country. However the Cannabis Regulation Bill 2013 was defeated by a margin of 111–8 in Dáil Éireann on 6 November.[1][2][3] It was the first bill of its kind in a National Parliament in Europe.

In November 2015, the government announced that it would move towards decriminalising cannabis, cocaine and heroin for personal use.[4]

In December 2016, a bill to make cannabis available in Ireland for medicinal use (put forward by Gino Kenny of People Before Profit) was passed in the Dáil without opposition. [5] The minister for health, Simon Harris, is awaiting a report from the Health Products Regulatory Authority (HPRA) in order to inform him about medicinal marajuana, which will allow the next step in the process toward legalisation to happen. This report is due to be complete at the end of January 2017. [6]

References

  1. ↑ "Ireland 'ready for legalisation of cannabis'". Irish Times. 24 October 2013. Retrieved 30 October 2013.
  2. ↑ Drug Offences, Dublin: Citizens Information Board, 2 June 2011, retrieved 2011-06-02
  3. ↑ "Legalisation of cannabis motion defeated in Dáil". RTÉ. 6 November 2013. Retrieved 7 December 2013.
  4. ↑ Ireland to 'decriminalise' small amounts of drugs, including heroin, cocaine and cannabis, for personal use, The Independent, 3 November 2015, retrieved 2015-11-05
  5. ↑ Duffy, Rónán. "Green light: The medicinal cannabis bill will be passed by the Dáil tomorrow". TheJournal.ie. Retrieved 2016-12-02.
  6. ↑ "Dáil expected to pass Bill legalising medicinal cannabis". The Irish Times. Retrieved 2016-12-02.
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