Health Referral Scheme FAQ

What is the Health Referral Scheme?

The Health Referral Scheme allows An Garda Síochána to refer an eligible person to the Health Service Executive for a brief health intervention when that person is found in possession of drugs for personal use for the first time as an alternative to prosecution.

Why is the Health Referral Scheme being introduced?

The implementation of the Health Referral Scheme is a key deliverable in the National Drugs Strategy 2026 – 2029. The scheme aligns with the recommendation of the Citizens Assembly on Drug Use for a comprehensive health-led approach and also takes into account the recommendations of the Joint Committee on Drug Use.

The scheme reflects commitments to treating drug use as a public health issue. It is intended to reduce stigma, encourage people to seek help, and support people before their drug use becomes more harmful.

Who is the Health Referral scheme for?

The scheme is for adults who meet the eligibility criteria and who are found in possession of drugs for personal use for the first time.

If the person is eligible, they are referred to the HSE for support. The scheme will operate under agreed procedures designed to support fair, transparent and consistent application across the country.

If I am refused a referral to the scheme, can I make an appeal?

Where an offender has been deemed unsuitable for a health referral in relation to an offence covered by the Scheme the offender may request that they are considered by a different Superintendent or the Inspector acting on their behalf.

How long after arrest will I find out if I am being referred?

A person will be told immediately that they will be considered for the scheme. The person will be contacted to arrange an appointment if they are deemed suitable for inclusion.

If I am deemed suitable for the scheme, how will I be notified?

The person will be contacted by the means they provided to the arresting Garda.

What does ‘personal use’ mean?

'Personal use’ is a small amount of any controlled drug deemed for their own consumption.

Does this legalise possession of drugs?

No. Possession of drugs remains a criminal offence. The Health Referral Scheme does not legalise drug use and it does not change how the State responds to drug dealing, drug-related intimidation or organised crime.

The scheme provides a health-led pathway for eligible first-time personal possession cases.

How much of each drug is ‘personal use’?

An amount that would be deemed reasonable for personal consumption. There are no specific quantities.

What if someone does not attend their HRS appointment at the Garda station?

If a person fails to turn up to a Garda Station to accept the Health Referral a prosecution will be initiated.

Will the arrest be recorded on PULSE?

The fact of a referral needs to be recorded so that on a subsequent arrest, a Garda member is aware that a referral opportunity has already been given to the offender. It may be made known to a Court in the event of further proceedings ether criminal or civil where this information is requested by the judge. The referral will not be recorded for the purposes of vetting or previous convictions.

If someone has an Adult Caution for cannabis or cannabis resin, can they use the scheme?

The nature of a health referral is such that it should be offered only once to an offender. Second offences for Section 3 Possession of Cannabis may be eligible for the adult caution scheme.

If I have a previous conviction for drugs, can I avail of the scheme?

No, this scheme is designed to offer an alternative to prosecution for first time drug offenders. The scheme aims to divert persons found in possession of any controlled drug for personal use to the Health Services and offer an opportunity for rehabilitation and treatment as an alternative to prosecution through the courts.