Drugs, Personal use legalish Limits?

drunkmonkey

On the back of the the 3 strike rule being announced today https://www.thejournal.ie/drugs-possession-personal-use-4750059-Aug2019/

Where do you expect the line to be drawn on quantities of drugs in your possession. Are there already limits in place under our current system?

Peregrinus

There are separate offences of (a) possession of a controlled drug, and (b) possession of a controlled drug for the purpose of selling or otherwise supplying it to another, which is a much more serious offence. The new policy will (presumably) not apply to people suspected or accused of the the 'intent to supply" offence.

The more serious offence is committed if the amount of the drug in a person's possession is such that "it is reasonable to assume that the controlled drug was not intended for the immediate personal use of the person". So there's no fixed quantity; it's a matter of judgment depending on the particular drug involved, and the circumstances in which you posssess it.

Atlantic Dawn

I'd say up to a weeks supply on your person, anything over that would be deemed sale and supply.

Peregrinus

Atlantic Dawn wrote: »

I'd say up to a weeks supply on your person, anything over that would be deemed sale and supply.

Under the legislation, anything more than a quantity appropriate to immediate personal use puts you at risk of the more serious charge.

I think it probably depends on context. A week's supply stashed in your flat is one thing; the same amount in your pockets on your way into a pub or a club on a Friday evening could be another.

drunkmonkey

Where did you read the legislation, I can't see where they've the nuts and bolts of it broken out where it says for immediate use.

https://twitter.com/merrionstreet/status/1157256935051280384?s=08

Peregrinus

The principal legislation is the Misuse of Drugs Act 1977, which has been amended numerous times over the years. There's an up-to-date on the website of the Law Reform Commission, here. Section 15 is the provision that creates the offence of possessing controlled drugs for unlawful sale or supply. Subsection (2) creates a presumption that, if you have more of the drug than it is reasonable to assume is intended for "immediate personal use", you possess it for the purpose of "selling or otherwise supplying" it.

it's not an irrebuttable presumption. The effect is, if the court thinks that you were in possession of more than was intended for immediate personal use, the prosecution doesn't have to prove that you were going to sell or supply it to others. Rather, the onus is on you to satisfy the court that you weren't going to do that. But, depending on the circumstances, you may well be able to do that.

SFIK no legislative changes are intended. Possession of a controlled substance will still be an offence. This is not a decriminalisation measure; just a graduated enforcement policy. It will be a matter of policy, not law, that on your first encounter with the boys in blue on suspicion of such a charge, you will be referred for health screening and possible treatment, on the second you will receive a caution and only on the third will you be charged.