It’s important to consider what is meant by ‘decriminalisation’.
RECENTLY, A DELEGATION from the Joint Oireachtas Committee on Justice, Defence and Equality visited Lisbon to examine the impact that the decriminalisation of drugs in Portugal has had over recent years. Following on from this visit the Committee has invited submissions regarding Ireland’s approach to the possession of limited quantities of certain drugs.
What might taking this approach mean in an Irish context?
As a starting point, it’s important to consider what is meant by ‘decriminalisation’. Simply put, decriminalisation refers to a situation whereby certain drug related offences are no longer dealt with under the criminal law. So, for example, as the law stands in Ireland, it’s illegal to possess certain substances pursuant to section 3 of the Misuse of Drugs Act, 1977. If that offence were to be removed, simple possession would be decriminalised – it would no longer be a criminal offence. It’s important to note that just because something is not a criminal offence doesn’t mean it’s legal. The behaviour can still be sanctioned, it just doesn’t get dealt with as a criminal justice issue.
Prohibition doesn’t work
Source: Tony Duffin, The Journal, 08/07/15
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