It's been added to the list of Adults Cautions.
Gardaí have added the possession of cannabis to the Adult Cautioning Scheme, meaning people caught with the drug for personal use can avoid a conviction - if they accept a caution instead.
It's one of four offences added to the Scheme, which is intended to remove the threat of a criminal record for those people who commit relatively minor offences, especially first-time offenders.
Trespassing in a manner likely to cause fear, casual trading without a licence, and control of access to certain events are also included.
It is the first time in the history of the State that an illicit drugs offence can been dealt with outside the conventional criminal justice system, using a prosecution-based process.
An adult caution can not be used in the case of any other illegal drug.
In a statement, An Garda Síochána revealed the full expansion to the Adult Cautioning Scheme:
The Adult Cautioning Scheme was introduced to An Garda Síochána in 2006 having been approved by the Director of Public Prosecutions.
An Garda Síochána have collaborated with the Director of Public Prosecutions and an expansion of the Adult Cautioning Scheme to include four additional offences has now been approved:
- Offences contrary to Section 13 of the Criminal Justice (Public Order) Act 1994 (Trespass in a manner likely to cause fear).
- Offences under Section 21 of the Criminal Justice (Public Order) Act 1994 (Control of access to certain events).
- Offences under Section 3 of the Casual Trading Act 1995 (Casual trading without a licence or contrary to the terms of the licence).
- Offences under Section 3 of the Misuse of Drugs Act 1977/84 (Simple possession). This will relate to the possession of cannabis and cannabis resin only. No other controlled drugs are permitted under the Adult Cautioning Scheme.
An Adult Caution for any of these four offences can only be considered in respect of an offence committed on or after the 14th December 2020 and cannot be applied retrospectively.
An Garda Síochána will continue to work closely with the Director of Public Prosecutions in relation to all elements of the Adult Cautioning Scheme.
