Health Referral Scheme for Personal Drug Possession To Begin on 1 September 2026
From 1 September 2026, Gardaí can refer eligible first-time drug possession offenders to HSE health services rather than prosecute.
An Garda Síochána will implement the Health Referral Scheme (HRS) from 1 September 2026, giving Gardaí an alternative to prosecution for adults found in possession of a small quantity of controlled drugs for personal use, referring eligible first-time offenders to HSE health services instead of the courts.
The Health Referral Scheme is a pilot programme developed by the Department of Health and the Department of Justice, Home Affairs and Migration, in partnership with the HSE and An Garda Síochána. It comes into effect at midnight on 1 September 2026.
The 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, as 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 who meet a certain set of criteria. It was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act, 2024.
To be eligible for the scheme, a person must meet the following criteria:
- Be over the age of 18.
- Be found in possession of a small quantity of controlled drugs for personal use.
- Have no previous conviction for drug use or adult caution; it must be their first drug offence.
- Admit to possession of a controlled drug for personal use at the time of the offence.
- Be willing to participate in the Health Referral Scheme.
- Have committed the offence on or after 1 September 2026.
Only offences committed on or after 1 September 2026 are eligible for the referral, and Gardaí can only offer the scheme as an alternative to prosecution from that date onward.
Possession of controlled drugs under Section 3 of the Misuse of Drugs Act remains a criminal offence. If a person does not accept the referral, they will be prosecuted under the relevant drugs legislation. Referrals will be made in line with An Garda Síochána's internal policy.
If a person accepts the referral, they will contact the HSE and engage in a rehabilitation and treatment programme. Where a person is eligible, An Garda Síochána will provide details on how to progress, including contacting the HSE and booking an appointment with a SAOR (Support, Ask and Assess, Offer Assistance, Refer) practitioner.
Garda Commissioner Justin Kelly:
"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."
Minister for Public Health, Wellbeing and the National Drugs Strategy, Jennifer Murnane O'Connor TD:
"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."
Minister for Justice, Home Affairs and Migration, Jim O'Callaghan TD:
"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."
Professor Eamon Keenan, National Clinical Lead in Addiction Services, HSE:
"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."
The 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, with the approval of the Director of Public Prosecutions. The Department of Health will shortly launch a social media campaign to raise awareness of the scheme and to direct the public to information on eligibility and available health supports.
For more information on the scheme, visit gov.ie/HealthReferral. The Garda policy document and FAQs are available on the Garda website.