Irish Criminologist Calls for End to Cannabis Criminalization

Expert Challenges Ireland's Enforcement-First Drug Policy

Dr. Ian Marder argues that decades of criminalization haven't reduced drug use in Ireland and have instead worsened public health outcomes. Writing in The Journal, Marder cited rising overdose deaths and persistent cannabis use rates despite aggressive enforcement. He called the current model a "war on people who use drugs" that prioritizes punishment over treatment.

Marder's intervention comes as Ireland debates whether to follow Portugal's 2001 decriminalization framework. That policy replaced criminal penalties for possession with civil citations and mandatory health assessments. Portugal saw overdose deaths drop by 80% within a decade of the shift.

Cannabis Possession Arrests Remain High Despite Reform Talk

Ireland recorded more than 17,000 cannabis possession arrests in 2024, according to Garda Síochána data. Those arrests represented 62% of all drug offenses that year. Most resulted in fines or conditional discharges, but Marder noted that even non-custodial penalties create criminal records that block employment and housing access.

The Irish government has discussed decriminalization since 2019. A working group that year recommended removing criminal penalties for small amounts of all drugs. No legislation has advanced. Justice Minister Helen McEntee told the Dáil in March 2026 that the government was "reviewing international evidence" but set no timeline for action.

Portugal Model Shows Health Gains, Cost Savings

Portugal's decriminalization framework diverts possession cases to Commissions for the Dissuasion of Drug Addiction, which assess users and recommend treatment or education. Criminal penalties apply only to trafficking. The system costs an estimated €10 million annually, far less than the €50 million Portugal spent on drug-related incarceration before 2001.

Decriminalization isn't legalization, Marder emphasized. Cannabis sale and cultivation remain illegal in Portugal. Police still seize drugs. The difference? Users face health interventions, not jail time. Ireland's current system, by contrast, channels users into the criminal justice system even when no treatment need exists.

Political Resistance Centers on 'Soft on Crime' Perception

Opposition to decriminalization in Ireland has centered on concerns that removing criminal penalties would signal tolerance of drug use. Fine Gael and Fianna Fáil, the two largest parties, have resisted the reform despite backing from Sinn Féin and smaller left parties. A 2025 poll by Red C found 48% of Irish voters supported decriminalization for cannabis, while 38% opposed it and 14% were undecided.

Marder argued that the "soft on crime" framing ignores evidence from Portugal, the Netherlands, and Switzerland, where decriminalization reduced both drug-related crime and public health harms. Ireland's current approach "criminalizes vulnerability" without addressing the root causes of problematic use, he wrote.

Medical Cannabis Access Expands, But Recreational Reform Stalls

Ireland launched a medical cannabis access program in 2019, but fewer than 500 patients have enrolled as of mid-2026. The program restricts prescriptions to three conditions: epilepsy, chemotherapy-induced nausea, and multiple sclerosis spasticity. It requires prior authorization from the Health Products Regulatory Authority. Patient advocates have criticized the narrow eligibility and high costs, which aren't covered by the public health system.

Recreational legalization remains off the table. No major party has proposed regulated adult-use sales, and Irish officials have cited concerns about compliance with the 1961 UN Single Convention on Narcotic Drugs. Marder didn't address legalization in his op-ed. He focused instead on the harms of criminalization.

What Happens Next Depends on Political Will

Marder's op-ed adds academic weight to a reform debate that has stalled for five years. The next general election is scheduled for 2027. Drug policy is expected to be a campaign issue. Sinn Féin has pledged to introduce decriminalization legislation if it forms a government, but Fine Gael and Fianna Fáil haven't committed to the reform.

For full background on this story, see the CannIntel topic hub on Ireland Drug Policy Reform.

Enforcement will vary. Even if decriminalization passes, implementation depends on Garda training, funding for health commissions, and political follow-through. Portugal's model took three years to fully operationalize after the 2001 law passed. Ireland's path remains unsettled.