Vol. 458 No. 5
152 Mr. Sargent asked the Minister for Justice the guidelines, if any, which exist to discriminate between a quantity of drugs for personal use as opposed to quantities which clearly are intended for distribution and sale. [17285/95]
I am informed by the Garda authorities that the quantity of drugs seized is a factor in determining whether a charge of `simple possession' (Section 3 of the Misuse of Drugs Acts) or a charge of supply (Section 3 of the Misuse of Drugs Acts) or a charge of supply (Section 12 (2) of the Acts) is appropriate.
Where the quantity seized is such to suggest that the drugs are for immediate personal use of the possessor, a charge under section 3 of the Acts may be appropriate unless there is evidence of intent to supply or sell. On the other hand, a charge of supplying or selling will not, in all cases, be preferred based solely on the quantity seized. Other factors such as evidence of the presence of weighing scales or other drugs paraphernalia is taken into consideration.
It should be pointed out, of course, that the final decision regarding the charges, if any, to be preferred in a particular case is a matter for the Director of Public Prosecutions.
