Issue Date: 31/08/2026
An Garda Síochána will implement the Health Referral Scheme (HRS) at midnight on 1st September 2026. This 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.
The Health Referral 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. This referral is 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 and who meet a certain set of criteria.
Garda Commissioner Justin Kelly said:
"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.”
The scheme was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act, 2024.
The Health Referral Scheme comes into effect at midnight on Tuesday, 1st September 2026. This means only offences committed on or after this date are eligible for the referral. Similarly, Gardaí can only offer the referral scheme as an alternative to prosecution on, or after this date.
Referrals can only be made by An Garda Síochána if it is the offender’s first drug offence. If a person has a previous conviction for drugs use, or has an adult caution, they are not eligible for this scheme.
If a person accepts this referral, they will then contact the Health Service Executive (HSE) and engage in a rehabilitation and treatment programme. If a person does not accept the referral, they will be prosecuted under the relevant drugs legislation.
Possession of controlled drugs under Section 3 of the Misuse of Drugs Act remains a criminal offence.
The offender must admit to possession of a controlled drug for personal use at the time of the offence, and be willing to participate in the Health Referral Scheme.
Referrals will be made in line with An Garda Síochána’s internal policy.
If a person is eligible for the Health Referral Scheme, An Garda Síochána will provide them with details on how to progress to the next steps. This involves contacting the Health Service Executive (HSE) and booking an appointment a SAOR (Support, Ask and Assess, Offer Assistance, Refer) practitioner.
The scheme will give the first-time offender an opportunity to engage with the health service for rehabilitation and treatment, as an alternative to prosecution through the courts.
