Dan Boyle
Question:127 Mr. Boyle asked the Minister for Health and Children the consideration which is being given to reclassifying the drug cannabis as has happened in the United Kingdom. [3160/04]
View answerWednesday, 3 March 2004
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The recent reclassification of cannabis from a class B to a class C drug in the UK means that the maximum criminal penalties for possession of cannabis would be reduced and that the possession of cannabis would become a "non-arrestable offence". Possession would remain a criminal offence punishable by the criminal courts. The police would then have the option to "report for summons".
In Ireland, drugs are not classified for penalty purposes in the manner in which they are classified in the UK. While the various controlled drugs have been placed in various schedules, this classification in Ireland is exclusively for the purpose for the controls that are applicable to the classes concerned and have no consequences for the penalties that the courts may apply.
Possession of any controlled drug, without due authorisation, is an offence under section 3 of the Misuse of Drugs Act 1977. The legislation makes a distinction between possession for personal use and possession for sale or supply. Penalties for possession depend on the type of the substance, for example cannabis or other drugs, and on the penal proceeding, that is whether a summary conviction or a conviction on indictment is obtained. Penalties for unlawful possession for the purpose of sale or supply range from imprisonment for up to one year and-or a fine on summary conviction up to imprisonment for life and-or an unlimited fine if convicted on indictment.
Possession of cannabis and cannabis resin is considered in a different way to other drugs. Possession of cannabis or cannabis resin for personal use is punishable only by a fine on the first and second offences. In the case of a third and subsequent offence, possession for personal use would incur a fine and-or a term of imprisonment at the discretion of the courts. This would be for up to one year on summary conviction and if convicted on indictment imprisonment for up to three years and-or a fine. Possession in any other case would incur a penalty of imprisonment for up to one year and-or a fine on summary conviction and-or up to seven years imprisonment if convicted on indictment. Following the reclassification of cannabis to a class C drug in the UK, the equivalent penalties continue to be higher than those currently in force in this country.
The recent events in the United Kingdom, therefore, do not create a justification for any change in our laws or in our approach to the possession for personal use of cannabis or cannabis resin.