Tag: Ireland

Ireland adopted a medical cannabis policy reform measure back in 2019, however, it took many years for patients to be permitted to safely access medical cannabis therapeutics in the European country.

Medical cannabis policy modernization efforts have spread across the globe in recent decades, with many countries adopting medical cannabis policies and regulations that are more or less strict than others.

Ireland’s medical cannabis program is much more restrictive compared to other nations, including nations in Europe, and that is reflected in the low number of patients that have received approval in recent years. Per Independent:

Around 53 people have been approved to take medical cannabis in recent years with the number of conditions it can treat likely to be increased.

In a parliamentary response to Independent TD Violet-Anne Wynne, Health Minister Stephen Donnelly said the purpose of the programme was to enable compassionate access to cannabis for medical reasons, where conventional treatment has failed.

Mr Donnelly said: “It follows the clear pathway laid out by the Health Products Regulatory Authority in their expert report ‘Cannabis for Medical Use – A Scientific Review’.”

Medical cannabis programs are only as good as the number of qualifying conditions that patients can qualify for, and Ireland limits the program to spasticity associated with multiple sclerosis, intractable nausea and vomiting associated with chemotherapy, and severe, treatment-resistant epilepsy.

Even in instances in which a patient suffers from one or more of those conditions, they can only be approved to seek medical cannabis therapies in Ireland after they have exhausted all other prescribed medications and treatment regimens.

Back in December 2022, Ireland’s Oireachtas Justice Committee issued a report in which it recommended that Ireland consider legalizing cannabis for adult use to help combat the unregulated market.

As we have learned via Germany’s legalization effort, members of the European Union are not permitted to legalize nationwide adult-use cannabis sales, however, member nations can reform laws in such a way that the main goal of reform is to reduce the consumption of cannabis sourced from the unregulated market.

Reforms involving permitting adults to cultivate, possess, and consume cannabis are within the parameters of continental agreements, as are noncommercial cannabis clubs and regional adult-use cannabis commerce pilot programs.

Unfortunately, a recent scheduled vote for an adult-use legalization measure was delayed for at least nine months in Ireland, as originally reported by Marijuana Moment:

The Irish government is proposing to delay a vote on advancing a bill to legalize marijuana possession by nine months, asserting that the issue requires consideration by a special committee.

Ryan McHale Crainn, executive committee member of the Irish drug policy reform organization Crainn, told Marijuana Moment that the “delay tactic from the Irish Government on cannabis decriminalisation is disappointing given the clear calls from the Citizens’ Assembly and overwhelming public support for the measure.”

Cannabis reform is gaining momentum in many European nations, largely led by Germany. Germany recently announced that its governing coalition has reached a final agreement, with the first components of the nation’s legalization model set to start on April 1st.

Once Germany legalizes, the Czech Republic is set to follow, and it’s virtually guaranteed that other nations will follow suit. The premise behind German legalization is the same as the premise that the previous Oireachtas Justice Committee report recommended – to end cannabis prohibition for personal use and allow nonprofit sources to operate to help eliminate the use of unregulated cannabis products.

Unfortunately, that may not happen for some time in Ireland due to the ongoing delay tactics being incorporated by cannabis opponents.

Ireland is a cannabis prohibition nation. Not only is adult-use cannabis prohibited in Ireland, but medical cannabis is also technically prohibited in Ireland. There is a program in Ireland in which a limited number of medical cannabis patients are permitted to travel to the Netherlands for medical cannabis treatments.

As of July 2020, only 30 patients were approved for the program. Considering that Ireland has a population of over 5 million people, the low patient count speaks for itself.

Personal cannabis possession in Ireland is a violation of the Misuse of Drugs Acts (1977-2016), and carries a penalty of up to €1,000 for the first and second offense. The fine can be increased to €1,270 for a first offense, and €2,540 for a second offense, if the amount of cannabis involved is deemed to be ‘excessive.’

The penalty for a third personal possession offense is one to three years in prison depending on the case. It is worth noting that the Criminal Justice (Community Service) Act 2011 mandates that courts consider community service in place of a prison sentence when possible.

Needless to say, Ireland’s cannabis policies are terrible and in desperate need of improvement. No patient should have to face fines, mandated community service, and/or incarceration for possessing their medicine.

And yet, against that backdrop, Ireland’s Chief Medical Officer’s reported concern is not the plight of patients, but rather, that people are consuming cannabis. Per excerpts from The Journal:

THE USE OF cannabis in Ireland is “of great concern”, the Chief Medical Officer has expressed to the Citizens’ Assembly on Drug Use.

“Cannabis can cause addiction,” she said. “We have 45,000 people with cannabis-use disorders in the latest data.”

Under-18s account for 80% of new presentations to cannabis addiction treatment services.

The excerpts from the article need context. For starters, what constitutes a ‘cannabis-use disorder’ is often determined by courts, law enforcement, and entities that profit from forcing people into treatment. Clearly, there is a bias involved in those instances.

Regarding ‘under-18s,’ many youth who are caught with cannabis, either by law enforcement or their parents, are forced into rehabilitation programs as part of their punishment. Statistics are reflective of that, and not reflective of ‘teen addiction’ per se.

Ireland does not have a cannabis use problem. Rather, it has a cannabis prohibition problem, and that problem is particularly terrible for suffering patients.

Social cannabis use reform is in many ways the next frontier for activism efforts around the globe. In many jurisdictions cannabis possession, cultivation, and distribution laws still need to be fixed to be sure.

However, in a growing number of jurisdictions social use reform is either being explored as part of larger reform efforts, or in places where cannabis is already legal for at least possession and use, social use reform is being sought to improve current public policies.

One country that is in need of a massive cannabis policy overhaul is Ireland. Cannabis is currently illegal for adult use in Ireland, and the nation’s medical cannabis program is very limited in size and scope compared to medical programs found in many other countries.

At least one lawmaker in Ireland is calling for reform beyond simple legalization. If Labour leader Ivana Bacik has their way, cannabis will be legally bought and sold at festivals in addition to other reform components. Per the Irish Examiner:

The licenced sale of cannabis at Electric Picnic and other music festivals should be permitted as part of a “rational” approach to drugs, Labour party leader Ivana Bacik has said.

Calling for a “harm reduction based policy” on drugs, Ms Bacik has said politicians need to accept the reality that cannabis is now widely consumed as a recreational drug.

“There’s a clear momentum internationally to adopt a more rational harm reduction based policy on drugs.

At this juncture in time, it’s very unlikely that Ivana Bacik’s calls for social use reform will be adopted. After all, the nation is having a hard enough time just reforming cannabis laws in such a way that it keeps cannabis consumers and patients out of Ireland’s criminal justice system.

Yet, Ivana Bacik’s recent comments have sparked a conversation in Ireland about what a comprehensive cannabis public policy would involve. The main rallying cry of cannabis advocates in Europe right now is to improve public health outcomes via regulated sales, and sales at festivals and other events definitely seem to fit within that strategy.

Ireland’s Oireachtas Justice Committee is recommending that the government consider legalizing cannabis for adult-use, in addition to wider drug policy reforms. According to its website, the Oireachtas Justice Committee “shadows the Department of Justice and considers policy in the fields of justice, security and the rule of law to ensure that Irish society is safe, secure, just, open-minded and impartial.”

As we previously reported late last month, People Before Profit TD Gino Kenny formally filed an adult-use legalization measure that, if passed, would legalize cannabis possession for people 18 years old or older in Ireland.

The measure is not as robust as the legalization model currently in place in Canada, and would legalize the personal possession of up to seven grams of cannabis flower and 2.5 grams of concentrates. The bill would not legalize cannabis sales.

“I believe that if passed, this bill will provide a stepping stone to a more progressive drug policy in Ireland.” TD Gino Kenny stated on Twitter last month. The report by the Oireachtas Justice Committee does recommend that the government consider launching legal sales, with the goal of battling the unregulated market. Per The Journal:

A NEW REPORT by the Oireachtas Justice Committee has recommended that legalisation of certain drugs be examined by the Government as well as allowing some drug cultivation at a “non-profit” level.

The report, published this morning, recommends that the Government examines a regulatory model for certain drugs, including cannabis, as part of measures to reduce the impact of the existing black market for illicit substances.

What the report is recommending is something similar to what is currently being put into place in Malta. Malta passed a limited legalization measure in late 2021, with the main way for consumers to eventually source their cannabis involving non-profit cannabis clubs.

Cannabis legalization faces an uphill battle in Ireland, as demonstrated by the reaction from some lawmakers in Ireland after Gino Kenny formally introduced his limited measure. If Gino Kenny’s bill is receiving pushback, then it’s a safe bet that the new report will also receive similar pushback, and perhaps even more. Still, the report is encouraging, and in theory, could move the discussion needle a bit.

People Before Profit TD Gino Kenny has formally filed an adult-use legalization measure that would legalize cannabis possession for people 18 years old or older in Ireland. The long-anticipated measure was introduced late last week, and if passed into law, would legalize the personal possession of up to seven grams of cannabis flower and 2.5 grams of concentrates. The bill would not legalize cannabis sales.

“I believe that if passed, this bill will provide a stepping stone to a more progressive drug policy in Ireland.” TD Gino Kenny stated on Twitter.

The legalization bill is now before the lower chamber of Ireland’s legislative body (the Dáil Éireann). It is not expected that the bill will advance this year, with TD Gino Kenny indicating at the time of the bill’s submission that he expects it to be debated in 2023.

This particular measure’s future is uncertain, as it faces an uphill battle to gain traction among Ireland’s lawmakers. One leading lawmaker has already come out fairly forcefully in opposition to the measure. Per excerpts from Independent:

The Taoiseach has warned against cannabis being “glamorised” after new proposals are due to be brought before the Oireachtas on legalising possession of up to 7g.

The former health minister said he would be in favour of a more healthcare-based approach to addiction and warned about the harms of cannabis.

“I think we have to be careful that we don’t glamorise cannabis either because there are real concerns within the health community and the medical community about what cannabis can do to young people.”

Currently, the Misuse of Drugs Acts in Ireland provides for a fine of €1,000 in the District Courts for first and second offenses involving personal possession. Larger fines can be handed down in some instances. If someone commits the offense of personal possession and it’s their third or greater offense of its type, the offender can be sentenced to up to one year in prison.

The Criminal Justice Act in Ireland mandates that courts must consider giving a community service penalty in place of a prison sentence, and that affects some cases. A poll from 2021 found that 93% of people in Ireland support medical cannabis legalization, yet only 40% support adult-use legalization.

A bill that would legalize the personal use of cannabis in Ireland was expected to be introduced last summer, however, that did not happen. People Before Profit TD Gino Kenny, who has long advocated for cannabis public policy reform in Ireland, is expected to finally introduce the measure in the coming days.

The Misuse of Drugs Acts is currently the binding law in Ireland, and it provides for a fine of €1,000 in the District Courts for first and second offenses involving personal cannabis possession. Larger fines can be handed down in some instances.

If someone commits the offense of personal possession and it’s their third or greater offense of its type, the offender can be sentenced to up to one year in prison, although, the Criminal Justice Act in Ireland mandates that courts must consider giving a community service penalty in place of a prison sentence, and that affects some cases.

The new measure is expected to be formally introduced next week, and is expected to largely be based on the principal of allowing people to consume cannabis in private and possess up to seven grams of cannabis flower. Per Independent:

People Before Profit TD Gino Kenny will set to introduce a bill in Leinster House next week which will be a steppingstone towards full regulation of cannabis.

The Dublin Mid-West TD hopes the bill will end the criminalisation of cannabis for personal use.

He told Independent.ie: “At the moment, cannabis cultivation and sale is largely controlled by the black market and criminal gangs.

It’s good news to hear that the legislation will be seen as a ‘steppingstone’ versus a ‘final solution.’ Being able to possess up to seven grams of cannabis without fear of prosecution is a great thing to be sure. However, until there are regulated sales permitted in Ireland, gangs and cartels will continue to control profits.

The chances of the limited bill passing is unclear at this time. Fortunately, cannabis reform is on the move at an ever-increasing pace outside of Ireland, including and especially in Europe. That will put pressure on lawmakers within Ireland. Will it be enough pressure to get this particular bill to the finish line? That’s anyone’s guess at this point, but it’s absolutely a situation worth monitoring closely.

Cannabis is illegal for adult-use purposes in Ireland, although, there is a distinction in Ireland’s current law that provides for a different penalty path for personal possession versus selling unregulated cannabis, with personal possession often resulting in a fine versus jail time for selling unregulated cannabis.

The binding law, the Misuse of Drugs Acts, provides for a fine of €1,000 in the District Courts for first and second offenses involving personal possession. Larger fines can be handed down in some instances. If someone commits the offense of personal possession and it’s their third or greater offense of its type, the offender can be sentenced to up to one year in prison.

The Criminal Justice Act in Ireland mandates that courts must consider giving a community service penalty in place of a prison sentence, and that affects some cases. A bill is expected to be introduced in the near future in Ireland that would somewhat mimic the adult-use legalization legislation that was passed in Malta late last year. Per The Journal:

The Dublin Mid-West TD told The Journal it is a relatively short bill, and will amend the current legislation on possession of cannabis, which is the Misuse of Drugs Act.

The amendment doesn’t reference the cultivation of cannabis. It’s anticipated that if the bill is approved by the Dáil – which means it requires the approval of the government parties – then changes regarding cultivation of cannabis could be added at committee stage.

What is reportedly being proposed in Ireland involves allowing people to possess up to seven grams of cannabis. Malta has a similar provision involving the permitted possession of up to seven grams of cannabis when away from the person’s home, with a separate allowance of up to 50 grams within the person’s home. From that standpoint, what is reportedly being proposed in Ireland is different from Malta’s law.

Furthermore, whereas what is reportedly being proposed in Ireland does not involve home cultivation, adult households in Malta can cultivate up to four plants. With all of that being said, even limited legalization in Ireland would be better than what is currently in place. It’s unclear at this time what the chances are of a legalization measure passing in Ireland, although, it will be very interesting to watch the discussion unfold given what is going on elsewhere in Europe on the cannabis policy front.