Gardaí can now refer first-time drug offenders caught in possession of small amounts of illegal drugs to the HSE rather than prosecute them for the crime or issue them with an adult caution.Harm-reduction experts have welcomed the change. Det Supt Sé McCormack of the Garda National Drugs and Organised Crime Bureau (GNDOCB) says the move is “a huge step in policy” and a “simple step towards helping people”.The change has been in the works for a number of years. It follows a 2019 report from a Government-established working group that recommended health referrals be an option when dealing with people found in possession of drugs for personal use.How is the new system different from what we have now?Currently, adults who are caught in possession of drugs – however small the amount – are subject to charges, prosecution and, in some cases, criminal conviction. Gardaí also have the option to apply an adult caution, which effectively works as a slap on the wrist in lieu of a criminal charge. These decisions are made by senior gardaí in conjunction with the Director of Public Prosecutions and are entirely discretionary.The new system expands upon the adult-caution mechanism, allowing for a referral to the HSE for a health-led approach to the offence. The system provides a structure by which gardaí will now consider all first-time users for health referral.Who qualifies under the scheme?The scheme is for adults only as youth diversion programmes are already in place for those under 18. It must also be a person’s first drug offence. Gardaí and members of the Defence Forces cannot avail of the scheme.People deemed eligible must be willing to participate in the scheme. Gardaí must only proceed with referrals if they believe it is in the public interest not to prosecute the individual.In order to meet the public-interest threshold, the offence must be of low seriousness and the drugs intended for personal use. The quantity of drugs should not arouse suspicions of drug dealing.Does the type of drug matter?The scheme applies to all drugs, according to the HSE clinical lead in addiction services Eamon Keenan.The Misuse of Drugs Act, 1977, sets out that possession with intent to supply, as it is commonly known, is determined by someone having more drugs than would be “reasonable to assume” is for their “immediate personal use”. There is some discretion built into the act.Eamon Keenan, HSE clinical lead in addiction services. Photograph: Alan Betson/The Irish Times