The Law Reform Commission has suggested reviewing the current minimum ten-year sentence for drugs offences.
In a consultation paper on mandatory sentences published today, the Commission says the minimum sentence for drugs offences has led to an increase in the prison population without any major effect on the criminals at the top of the illegal drugs trade.
The 200-page consultation paper was drawn up at the request of the Attorney General.
It looks at the current mandatory life sentence for murder and suggests it should be amended to allow judges to recommend a specific minimum term, depending on the circumstances of the offence and the offender.
The Commission says the illegal drugs trade has adapted to the minimum ten-year sentence by using expendable couriers to hold and transport drugs.
It says that it is these relatively low level offenders, rather than those at the top, who are being caught and end up serving long sentences which has led to a bulge in the prison system.
The recommendations in the consultation paper are described as provisional by the Commission which is inviting submissions before the final report is published in April.