The Health Referral Scheme begins today, Tuesday, 1 September, giving eligible people found in possession of drugs for personal use the opportunity to engage with health services instead of facing an immediate criminal justice response.
The Health Referral Scheme will allow An Garda Síochána to refer eligible first-time offenders to appropriate health supports where the offence relates to possession of drugs for personal use. The approach is intended to encourage early engagement with services, provide practical advice and reduce the potential long-term impact of a first personal possession offence.
The scheme is being introduced as part of a wider Government commitment to reduce drug-related harm, support people to access help at an earlier stage, and ensure that enforcement remains focused on those involved in the sale, supply and exploitation linked to illegal drugs.
Minister for Public Health, Wellbeing and the National Drugs Strategy, Jennifer Murnane O’Connor TD said: “The launch of the Health Referral Scheme represents an important shift in how we respond to first-time possession of drugs for personal use. It provides a more practical, health-led approach, recognising that people may need information, support and early intervention. Under the scheme, eligible individuals can be directed to services that can discuss their circumstances and offer appropriate information, advice and support”.
“By responding earlier and focusing on reducing harm, the scheme aims to support better outcomes for individuals, families and communities,” she added.
Minister for Justice, Home Affairs and Migration, Jim O’Callaghan TD said: “The scheme provides Gardaí with another proportionate option where a person is eligible for referral, while maintaining a firm focus on tackling drug dealing, organised crime and the serious harm caused by the illegal drugs trade”.
“It recognises that, in appropriate cases, referral to health supports may be a more effective response. It can help reduce the long-term impact of a first offence on a person’s life, while ensuring Garda resources continue to be directed at those causing the greatest harm in communities,” he added.
Professor Eamon Keenan, National Clinical Lead in Addiction Services, Health Service Executive (HSE) said: “This scheme shows the value of health and justice services working together to provide a more effective, health-led response. By engaging people early and connecting them with appropriate supports, we can reduce harm, support better outcomes for individuals and deliver a clear public benefit for families and communities”.
Garda Commissioner, Justin Kelly said: “The Health Referral Scheme is a positive development and An Garda Síochána has been working closely with Government stakeholders to prepare for implementation of this policy”.
“The commencement of this scheme allows our members to support harm reduction by directing first-time offenders to the health services. Drug use remains illegal and is a serious danger to the health of all users. Having a mechanism to steer those taking drugs towards support services, rather than into the criminal justice system, is a welcome step in tackling the overall issue of drug use in Ireland,” added the Garda Commissioner.
The Health Referral Scheme has been developed jointly by the Department of Health and the Department of Justice, Home Affairs and Migration, working with the HSE and An Garda Síochána, and with the approval of the Director of Public Prosecutions. It supports the objectives of the national drugs strategy by providing a health-led alternative to prosecution of drug possession in specific, eligible cases. The Department of Health will shortly launch a social media campaign to raise awareness of the scheme and direct the public to information on eligibility and available health supports.
GARDAÍ CONFIRM IMPLEMENTATION OF HEALTH REFERRAL SCHEME
An Garda Síochána confirmed that it will implement the Health Referral Scheme (HRS) from midnight on 1 September, 2026.
This means only offences committed on or after this date are eligible for the referral. Similarly, Gardaí can only offer the referral scheme as an alternative to prosecution on, or after this date.
The Health Referral Scheme provides An Garda Síochána with an alternative response to persons over the age of 18 found in possession of a small quantity of controlled drugs for personal use. Instead of prosecuting an individual for simple possession, Gardaí can opt to refer the person to the HSE’s Health Referral Scheme. This referral is an alternative to a prosecution or adult caution.
The aim of the scheme is to provide a health-based response to people found in possession of drugs and who meet a certain set of criteria.
The scheme was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act, 2024.
Referrals can only be made by An Garda Síochána if it is the offender’s first drug offence. If a person has a previous conviction for drugs use, or has an adult caution, they are not eligible for this scheme.
If a person accepts this referral, they will then contact the Health Service Executive (HSE) and engage in a rehabilitation and treatment programme. If a person does not accept the referral, they will be prosecuted under the relevant drugs legislation.
Possession of controlled drugs under Section 3 of the Misuse of Drugs Act remains a criminal offence.
The offender must admit to possession of a controlled drug for personal use at the time of the offence, and be willing to participate in the Health Referral Scheme.
Referrals will be made in line with An Garda Síochána’s internal policy.
If a person is eligible for the Health Referral Scheme, An Garda Síochána will provide them with details on how to progress to the next steps. This involves contacting the Health Service Executive (HSE) and booking an appointment a SAOR (Support, Ask and Assess, Offer Assistance, Refer) practitioner.
The scheme will give the first-time offender an opportunity to engage with the health service for rehabilitation and treatment, as an alternative to prosecution through the courts.
For more information on the Scheme, visit www.gov.ie/HealthReferral.
