Drug offences

The main criminal charges for drug offences are drug possession and possession of drugs for the purpose of supply.

Other offences include:

• Growing cannabis plants or opium poppies
• Using a vehicle or vessel to manufacture, import or supply drugs
• Forging or fraudulently altering prescriptions
• Helping another person to commit a drug offence
• Trafficking drugs

This page outlines these offences and the penalties for being guilty of each offence.

A controlled drug is an illegal substance, product or preparation that has been specified in the Misuse of Drugs Act 1977 or Misuse of Drugs Regulations. The law has been updated several times.

The Criminal Justice (Psychoactive Substances) Act 2010 also covers substances which are not specifically banned under the Misuse of Drugs Acts, but which have psychoactive effects.

Controlled drugs also include certain tablets and medicines that can be purchased on prescription. It is an offence to possess these drugs if you do not have a prescription.

Some of the most common controlled drugs seized in Ireland include:

• Cannabis
• Cocaine
• Heroin
• LSD
• Amphetamines
• Ketamine

You can read more about different types of drugs on the HSE’s Drugs.ie website.

Laws covering drug offences

The Misuse of Drugs Act 1977 and the Misuse of Drugs Act 1984, as amended are the primary pieces of legislation under which you can be criminally charged for drug offences.

Cannabis or cannabis resin

If you are found in possession of cannabis or cannabis resin, you are guilty of an offence. This can be dealt with in different ways depending on when the offence took place and if you have been guilty of an offence before.

Adult Cautioning Scheme

If the offence happened on or after 14 December 2020, it may be dealt with under the Adult Cautioning Scheme. If it is dealt with under this Scheme, you will receive a caution and not be prosecuted.

The Gardaí must consider a number of factors to see if the scheme is appropriate for your alleged offence.

They must consider:

• The type, quantity and value of the drug, and
• Whether the offence amounts to simple possession once all the circumstances are considered

Prosecution and first offence

If the matter is prosecuted, the court can give you a class D fine on summary conviction in a District Court.

The court can do this if it decides that:

• This was a first offence
• The drug was for personal use
• The drug was not for sale or distribution

If you are convicted on indictment, you can be fined €2,500. Indictment is when you are tried before a judge and jury.

Second offence

For a second offence, you can be given a class D fine on summary conviction.

If you are convicted on indictment, you can be fined €2,500.

Third or subsequent offence

For a third or subsequent offence, the court may decide to give you a class C fine, and may also sentence you to up to 12 months in prison.

If you are convicted on indictment, the court may decide on an appropriate fine, or a prison sentence of up to 3 years, or both.

Possession of any other controlled drugs

If you are found in possession of a controlled drug, you are guilty of an offence. On summary conviction for this offence, you are liable for a class C fine, or a prison sentence of up to 12 months, or both.

If you are convicted on indictment, the court can decide on an appropriate fine, or a prison sentence of up to 7 years, or both.

Possession of controlled drugs for sale or supply

If you are found in possession of a controlled drug with the intention of selling it illegally, you are guilty of an offence. On summary conviction for this offence in a District Court, you are liable for a class C fine, or to a fine and prison sentence of up to 12 months.

If you are convicted on indictment, the court can decide on an appropriate fine, or a prison sentence. The court can impose a life sentence for this offence if it decides it is necessary.

Where the market value is €13,000 or more

You are liable to a minimum prison sentence of 10 years, if you are convicted for either:

• Possessing drugs with a market value of €13,000 or more, or
• Importing drugs with a market value of €13,000 or more

However, if the court decides that there are exceptional circumstances in your case, this minimum sentence does not apply.

Intention to supply into a prison facility

If you are found to be supplying, or attempting to supply, a controlled drug into a prison, children detention school or remand centre, you are guilty of an offence.

On summary conviction for this offence, you are liable for a class B fine, or a prison sentence of up to 12 months, or both. If you are convicted on indictment, the court can impose an appropriate fine or a maximum prison sentence of 10 years, or both.

Substances with psychoactive effects

If you are found to be selling or supplying substances for human consumption that have psychoactive effects (but are not specifically banned under the Misuse of Drugs Acts), you are guilty of an offence.

The law covering this is the Criminal Justice (Psychoactive Substances) Act 2010.

On summary conviction for this offence, you are liable for a class A fine, or a prison sentence of up to 12 months, or both.

If you are convicted on indictment, you can be fined or sent to prison for up to 5 years, or both.

If you are found to be growing cannabis plants or opium poppies, you are guilty of an offence.

On summary conviction for this offence, you are liable for a class C fine, or a prison sentence of up to 12 months, or both. If you are convicted on indictment, the court can impose an appropriate fine, or a prison sentence of up to 14 years, or both.

Opium regulations

It is an offence to:

• Use prepared opium (heroin) for illegal use
• Go to a place for the purposes of using opium
• Have any paraphernalia (pipes, utensils) associated with illegal opium use in your possession

On summary conviction for this offence, you could be liable for a class C fine, or a prison sentence of up to 12 months, or both.

If you are convicted on indictment for this offence, the court can impose an appropriate fine, or a prison sentence of up to 14 years, or both.

Use of premises, vehicles or vessels for certain activities

If you occupy or control any land, vehicle or vessel to use it to manufacture, import or supply a controlled drug, you are guilty of an offence.

On summary conviction for this offence, you are liable for a class C fine, or a prison sentence of up to 12 months, or both.

If you are convicted on indictment, the court can impose an appropriate fine, or a prison sentence of up to 14 years, or both.

Forged or fraudulently altered prescriptions

If you forge a prescription or try to change it in any way to in order to deceive, you are guilty of an offence.

On summary conviction, you are liable for a class D fine, or a prison sentence of up to 6 months, or both.

If you are convicted on indictment, the court can impose an appropriate fine, or a prison sentence of up to 14 years, or both.

Attempting or helping others to commit an offence

If you attempt to commit a drug offence covered by law, or if you help or incite someone else to commit a drug offence, you are guilty of an offence.

If found guilty of this, you are liable to be sentenced as if you had committed the drug offence yourself.

There are a number of Garda units and other initiatives aimed at combating drug abuse and drug trafficking internationally and locally.

These include:

• The Garda National Drugs and Organised Crime Bureau which targets national and international drugs trafficking
• The Criminal Assets Bureau which seizes the assets of people who have been convicted of drug trafficking
• Local and Regional Drugs Task Forces in areas with the highest levels of drug use
• Garda juvenile liaison (pdf) officers who work with young people to try and prevent them from getting involved with drugs
• Community Policing initiatives to tackle drug problems in local communities
• Awareness-raising programmes such as the Garda Schools Programme and the Garda Youth Diversion Programme

You can report drug dealing to the Gardai anonymously (see ‘How to report suspicious activity, drug smuggling and drug dealing’ below).

How the Customs service tackle drug trafficking

Customs are responsible for detecting and seizing controlled drugs at importation. Customs is operated by Revenue.

Customs cooperate with:

• The Gardaí in areas of drug law enforcement and in the operation of the Criminal Assets Bureau
• The Gardaí and Naval Services at a local level to prevent drug trafficking
• Customs and law enforcement agencies of other countries to track the movements of suspicious goods or people
• Businesses by offering advice and drug smuggling awareness training to staff
• The chemical industry to detect diversion of chemicals that could be used to make illegal drugs

Customs is also involved in the Multi-Disciplinary Group on Organised Crime.

Customs Drugs Watch

The Customs service gathers intelligence to identify possible drug smuggling routes and to identify suspicious people who may be involved in drug trafficking. Maritime and drug detector dog units are placed at major ports, airports, and other coastal locations nationwide to detect and prevent drug smuggling.

For some drug offences, the court may decide that imposing the usual penalties is not the most effective response.

These offences include:

• Illegal possession of controlled drugs
• Possession of controlled drugs for unlawful sale or supply
• Breaking the regulations about opium, growing opium poppies or cannabis plants
• Forging or fraudulently altering prescriptions

If you have been convicted of one of these offences, the court can remand you for whatever period it considers necessary and request certain reports. You cannot be remanded for longer than 8 days if you are being held in custody.

Types of reports the court can request

While you are in remand, the court can ask the HSE, a probation officer or another qualified person to:

• Prepare a medical report
• Provide a report on your vocational, educational and social circumstance
• Make recommendations for your treatment

If the court decides it is in your best interests, you may not be allowed to see the contents of any report that has been prepared on your case. However, the report will be made available to your barrister or solicitor.

Orders the court can make based on the reports

Based on the findings of these reports, the court may decide not to impose a fine or prison sentence on you.

To reduce the likelihood of you committing further drugs offences, the court may do one of the following:

• Place you under the supervision of a named person or body (such as the HSE) for a specified period
• Order you to get medical or other treatment that has been recommended for you
• Order you to complete education, instruction or training to improve your job prospects and help with your social rehabilitation
• Order you to attend a custodial treatment centre (see below)

If you ignore an order of the court, you can be detained in a custodial treatment centre or you can be given the usual penalties for your offence, such as fines or a prison sentence.

Detention in a custodial treatment centre

Depending on the circumstances of your case, the court may order that you be detained in a specialised custodial treatment centre.

The period you can be held for depends on your offence. You can be held for either:

• A maximum of one year, or
• The maximum prison sentence the court can give for your offence, if this is less than one year

Reviewing your detention in a custodial treatment centre

If you have been sent to a custodial treatment centre by a court order, you can make an application to the court that detention is no longer in your best interest or in the best interests of other people at the centre.

Based on this application, the court can review your case and revoke the detention order.

It can then decide to:

• Order your continued detention, possibly in another treatment centre, if the court decides you still need treatment
• Order that you continue treatment, but not in a custodial detention centre
• Impose the usual penalties for your offence, such as a prison sentence or fine (if a prison sentence is imposed, the court must take into account the time you have already been detained in a treatment centre)
• Not impose any further penalties if the court is satisfied that you no longer need treatment and that your case warrants no further penalties

Supervised injecting facilities

The Misuse of Drugs (Supervised Injecting Facilities Act) 2017 provides for the establishment and regulation of supervised injecting facilities.

These facilities aim to reduce:

• Harm to people who inject drugs
• The number of people injecting drugs in public places
• Drug litter in public places

You can read more about supervised injecting facilities on the HSE website.

If you want to report drug smuggling or suspicious activity you should contact Customs.

If you want to report illegal drug activity, you should contact the Gardaí. You do not have to give your details to Gardaí if you wish to remain anonymous.

If you are a drug user, or a family member of a drug user, who is experiencing drug related intimidation, you can speak to a nominated inspector to get advice and information through the Gardaí’s confidential reporting programme.

You can read more about drug smuggling on Revenue's website. You can find more information about reporting drug dealing.