Anyone caught with a small amount of cannabis for personal use will avoid a criminal conviction if they admit the offence and accept an adult caution, the garda press office has said.

This marks the first time that drugs offences have, effectively, been decriminalised.

The offence is one of four that have been approved for the adult-cautioning scheme by the Director of Public Prosecutions, and thereby avoids a criminal conviction.

Minor offences

Cautions are used for minor offences, such as being drunk and disorderly, theft, damage to or handling of stolen property worth less than €1,000, or failure to comply with Garda directions. 

An Garda Síochána collaborated with the Director of Public Prosecutions to expand the scheme to the following matters:

• 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 1977-1984 (simple possession of cannabis and cannabis resin only). 

A caution for any of these four offences can only be considered in respect of an offence committed after 14 December 2020, and cannot be applied retrospectively. 

Vetting 

If an arrest takes place, those who admit an offence may not accept an adult caution, so that the offence is not officially recorded for future garda vetting purposes.

The scheme is administered under the supervision of a garda superintendent.

The Adult Cautioning Scheme was introduced to An Garda Síochána in 2006, having been approved by the Director of Public Prosecutions.