Gardaí can now send first-time drug offenders to HSE instead of prosecuting them

The Health Referral Scheme comes into effect from today.

The Health Referral Scheme is aimed at those over 18 who are caught in possession of a small quantity of controlled drugs for their own use.

Rather than immediately putting the person through the criminal justice system, Gardaí can now refer them to health services where they can access rehabilitation and treatment.

However, there are a number of conditions attached.

Who is eligible?

The scheme is specifically aimed at first-time drug offenders.

To be considered for the referral, a person must admit to possessing a controlled drug for personal use when they are caught and must also agree to take part in the HSE programme.

Anyone who has previously been convicted of a drug-use offence is excluded from the scheme.

People who have already received an adult caution for a drug offence are also not eligible.

What happens if someone accepts?

If the person agrees to the referral, they will then engage with the Health Service Executive (HSE) and take part in a rehabilitation and treatment programme.

The aim is to provide support around drug use rather than immediately pursuing a prosecution.

However, it's important to note that drug possession remains illegal.

Possession of controlled drugs under Section 3 of the Misuse of Drugs Act continues to be a criminal offence.

If an eligible person does not accept the HSE referral, they can instead be prosecuted under the relevant drugs legislation.

Garda Commissioner Justin Kelly welcomed the introduction of the scheme, saying An Garda Síochána had been working with Government stakeholders ahead of its implementation.

He described the move as a positive d evelopment and said it would allow Gardaí to support harm reduction by directing first-time offenders towards health services.

However, he also highlighted that drug use remains illegal and poses a serious risk to users' health.

He said having a way to steer people who use drugs towards support services.

Main image: Rolling News