The Citizens' Assembly on Drug Use has recommended that people found in possession of small amounts of drugs like cannabis, cocaine, and heroin for personal use would be diverted to a health-led system, rather than the criminal justice system thereby avoiding a conviction or prison.
If implemented, it would represent a radical shift in policy.
In the vote last Sunday, just 11 of the 87 members voted in favour of retaining the current criminal approach to personal possession.
While some people believe the recommendations go too far, others believe they don't go far enough. As part of The Conversation from RTÉ's Upfront with Katie Hannon, we asked two people to join our WhatsApp group to discuss the Citizens' Assembly recommendations.
Dr Cian Ó Concubhair is Assistant Professor in Criminal Justice at Maynooth University School of Law and Criminology. He's disappointed that the recommendations don't go far enough.
Frank Browne is a mental health social worker in southwest Dublin, he says the recommendations have struck the right balance between a liberal legalisation approach and a criminal zero tolerance one.
Dr Cian Ó Concubhair
I would have liked to see the Assembly engage in a more nuanced way with different regulatory approaches we might take to high harm drugs like heroin and cocaine. The Assembly's recommendation of destigmatisation is a valuable starting point, but it doesn't advance an important conversation we need to have about the use of substances like heroin - which will remain, even post decriminalisation, a highly controlled substance - in addiction treatment. There's also a conversation that needs to be had about the therapeutic value of substances like MDMA. Other states are having those conversations, and I fear the Assembly missed that opportunity.
Frank Browne
Having read the 36 recommendations from the Citizens Assembly, I think most people will believe that they helped set the scene for our Oireachtas, to legislate where necessary, and fund health related services. We are all supportive surely of an Irish version of the Portuguese eight stage model of care, that worked well when well-funded? The key concern for me as a mental health professional is that we do not take action that has more negative outcomes particularly for young people who we know are vulnerable to drug misuse - you will have seen the Danish Study, that highlighted 30% of young men who regularly used cannabis developed schizophrenia? So, my position is we must educate, inform but reduce the use of illicit substances as a starting point.
Dr Cian Ó Concubhair
The immediate focus on cannabis is unfortunately a reflection of how much of the Assembly's work was framed. The dominance of voices from political pressure groups sucked the oxygen out of the really important discussions the Assembly could and should have had around possible regulatory interventions by the state. These dominant contributors had little or nothing to say about Ireland's catastrophically high levels of overdose deaths – which happen under our punitive and stigmatising model. If you were to just listen to them – you'd have the impression that cannabis was the most dangerous substance flowing through illegal markets.
Frank Browne
Firstly, we know cannabis is a 'gateway' drug for many vulnerable people - I see the effects even of that drug in our psychiatric unit, the devastated families dealing with a paranoid son or daughter. But I totally agree those in serious addiction need to get their dignity back with the best evidenced based interventions.
Dr Cian Ó Concubhair
It's difficult to unpack the causal dimensions to the gateway drug hypothesis. Whatever its merits, it is unfortunately used to distract from the fact that the overwhelming majority of people who use drugs, such as cannabis, do not experience problematic use. Despite the highly moralised 'War on Drugs' propaganda that state agencies around the globe have promoted over the past 50 years: all drug use is not problematic. Our current regulatory systems are designed under this false assumption, and they have created enormous harm as a result.
Frank Browne
Do you support the Portuguese model?
Dr Cian Ó Concubhair
I support the Citizens' Assembly's unambiguous vote to remove stigma. I observed the proceedings. I spoke to Assembly members. They were overwhelmingly and resoundingly in favour of removing stigma (the status quo) and improving supports for people experiencing problematic use. The Portuguese model can provide some very useful guidance in achieving those goals.
Frank Browne
I do and think what is proposed could make a radical difference if funded!
Dr Cian Ó Concubhair
Unfortunately, I fear they will not be funded. While these might in theory have been some of the most impactful recommendations, they are the least likely to be implemented. In reality, the most likely recommendations to be impactful centre around de-stigmatisation. That's something that is much easier for the Oireachtas and Government to move on quickly.
Frank Browne
It's a shame you do not even support the Portuguese model when, prior to the recession in 2008 it was funded well, despite drug traffickers still undermining it. Agree too, hard to have confidence that the required health services will be funded and implemented by services! Your point about stigma is well made, but people in recovery get their dignity back and this is why the Portuguese model was great- carrot and stick approach to treatment and education, we can show tough love too?
Dr Cian Ó Concubhair
There is no evidence the stick works. What we can see from drug usage patterns across Europe is that criminalisation and drug enforcement policing have little or no impact on drug using behaviours. The Netherlands, for example, has the most mature de facto legal recreational cannabis system in the world. It has usage rates that are either the same or lower than neighbouring jurisdictions which have historically employed a lot of 'stick'. There is a naive and misplaced belief in people who do not understand policing and criminal justice systems, that they have a 'deterrent' or 'stick effect'. The evidence overwhelmingly shows this not to be the case. Drugs policing has not only failed to address use, it has had a profoundly negative impact on police-community relations in marginalised areas. It is also the site of some of the most intense fundamental rights abuses by the state. Experts in policing understand this. Even ignoring the profound problems with drugs policing, given the intense resource limits on policing, and their ongoing complaints about being dragged in to fill gaps in health service provision: it would be bizarre to design a health intervention system that places them as a gatekeeper to services. The evidence overwhelmingly shows that when police are given these responsibilities it leads to worse outcomes.
Frank Browne
Really good to engage with you, perhaps the Citizens' Assembly is a good starting position to radical change, two heads always better than one.
Dr Cian Ó Concubhair
Thank you.
