Fresh moves to reform Ireland’s cannabis laws a welcome ‘first step’

After a decade of limited progress on drug policy in Ireland, discussion around the decriminalisation of cannabis consumers is welcome.

A new bill to decriminalise the possession of cannabis for personal use is due to be put before the Irish Dáil [parliament] in the coming weeks.

The movement, being brought forward by the People before Profit party, which is led by Dublin Mid-West TD, Gino Kenny, will mark the first time in 10 years that a bill has sought to overhaul the Misuse of Drugs Act 1977.

The bill will see an amendment to the Act to decriminalise personal possession of cannabis for up to 7g, or 2.5g of resin. 

Mr Kenny, a prominent advocate for more liberal cannabis laws, told Irish news outlet, The Journal, the bill was a ‘stepping stone’ towards a fully regulated market.

Very soon People Before Profit will bring forward an amendment to the Misuse of Drugs legislation. The Cannabis Regulation Bill 22 will decriminalise cannabis for personal use. It will be the first time in 10 years that a bill seeks to amend progressively the MUDA.Time for Change

— Gino Kenny TD (@Ginosocialist) November 10, 2022

However, as the party is in opposition, the bill is unlikely to pass without the support of the sitting government.

Natalie O’Regan, a legal researcher and drug policy advocate in Ireland, welcomed the bill, but was wary that the main political parties might not be as keen for reform.

“The introduction of the bill is a welcome step in cannabis reform in Ireland, which has remained stale for the last number of years. Although it does not address many other issues such as the cultivation or sale of cannabis, removing the criminalisation of cannabis consumers is the first important step of a much larger issue,” she commented.

“While government TDs may express support for reform personally, it is not the stance of the parties themselves so TDs may have no other option but to vote against this bill, even though they may personally believe this is the right approach to take.”

However, even if the bill doesn’t pass, it will offer the opportunity for an ‘open conversation on the criminalisation of cannabis consumers in the Dáil’, said Ms O’Regan.

“With reforms and proposed reforms in many other countries, this is no longer an issue the Government can ignore,” she added.

“With Gino introducing this bill, it is a chance for us and the public to see politicians’ opinions, many of which have shied away from the topic of cannabis in the past.”

‘Serious moves towards decriminalisation’

A citizens assembly on drugs is also expected next year which could see some ‘serious moves towards decriminalisation’, according to Peter Reynolds, founder of CLEAR and Ireland representative on the Cannabis Industry Council.

Upon entering government in 2020, the three coalition parties committed to holding a citizens’ assembly on drug use, which advocates believe could present the opportunity to reform drug policy in Ireland.

Earlier this month the Irish Examiner reported that a government taskforce, set up to look at mental health and addiction within the criminal justice system had recommended those found in possession of certain drugs should not be prosecuted. 

Referring to the article, Mr Reynolds commented: “This indicates a settled intention to move to decriminalisation of all drugs which is very welcome. I expect the Citizens Assembly which is supposed to take place in early 2023 to accelerate this.”

Addressing patient access 

All of these moves are likely to be welcomed by patients, many of whom are still not able to access medical cannabis legally due to various barriers.

The Irish Medical Cannabis Access Programme (MCAP) got underway in 2021 but currently only offers access to limited products for people living with one of three qualifying conditions.

These include intractable nausea and vomiting associated with chemotherapy, severe treatment-resistant epilepsy and spasticity associated with multiple sclerosis (MS). Many have criticised the fact that chronic pain is not included on the programme, as over 1.5 million people in Ireland are thought to live with it in some form. 

Endometriosis patient, Aimee Brown, is an advocate for cannabis reform

Aimee Brown, an endometriosis patient who uses cannabis to manage her symptoms, said Mr Kenny’s bill would remove the fear facing those who are currently risking criminalisation in order to medicate.

“It’s a positive step for patients who don’t fit the MCAP or ministerial licence route criteria, at least they won’t have the constant dread and fear of being arrested and criminalised,” she said.

Ms Brown has recently applied for a ministerial licence which would enable her to access cannabis legally. If she is successful, she believes she will be the first endometriosis patient in Ireland to have obtained a cannabis licence for chronic pain. 

However, by going the legal route her costs are set to double. On top of this she is fundraising to travel to Romania for surgery which is unavailable in Ireland.

“I currently spend €400 on flower per month, when getting it on prescription it’s going to be €1000 per month,” she added.

“I can see why the ‘self-medication’ route would be more attractive for patients if they don’t have the fear of prosecution combined with less financial strain.”

Ensuring consumer safety

The proposed model would not tackle the need for safe and regulated products to be more widely available to patients.

“Accessing safe, quality-assured cannabis is still going to be an uncertain and unreliable process in the interim,” said Ms Brown.

However, if Mr Kenny’s bill is received well, it could open the door for wider reform such as a grow your own model, which many patient advocates have called for.

Ms O’Regan added: “It will be interesting to see the political reactions and opinions on this bill, as it may inform us more in regards to how far the issue can be pushed. 

“If this is received well, then there is no reason why other reforms cannot be brought in also, such as grow-your-own, which will address a lot of patients’ concerns for their supply.”

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