The Crisis of Dangerously Overcrowded Irish Prisons and sentences for cannabis!

The inside of a cell at the NEW Cork city prison which is regularly overcrowded with inmates having to sleep on the floor(EchoLive)

In recent years, several cases in Ireland highlight the severity of the country's stance on cannabis cultivation and possession, raising concerns about whether such stringent punishments are justifiable, especially in the context of prison overcrowding that makes prisons more dangerous for prison officers and prisoners.

For instance, in one case A 47 year old, father of 2, was caught with €20 of cannabis & was given a three month sentence at Portlaoise District Court. (Sunday World) Garda Sergeant JJ Kirby said the defendant had a number of previous convictions including eight under the misuse of drugs act. He revealed one conviction had occurred the day before the latest offence. The day after he was convicted in Portlaoise District Court he was found with drugs on his person and to me this shows the law does next to nothing to deter drug use. I’ve been there myself and know the feeling of just wanting to go relax and unwind with some nice cannabis after the stress of having to deal with a bigoted judge. In the above case the judge told the man by him buying €20 worth of Cannabis he was “contributing to” and “funding drug gangs run by very serious criminals”.

Speaking about his past convictions, the man said they were all for even smaller amounts of the drug than that which landed him before the court on the latest occasion.

In another case involving a Bantry man(38) who had his home raided by Gardaí and received a 1 year prison sentence for the €560 worth of cannabis(28grams/1Oz) found there. (Southern Star) The Gardaí say they were looking for cannabis and cocaine after receiving confidential information the man was dealing in the area. After obtaining a search warrant, a number of Gardaí accompanied by the Garda Dog Unit went to an address on April 17th 2023 at 10.30am. There they found the defendant and his girlfriend, relaxing on the couch, in an apartment on a property site owned by her mum. When asked if there was anything in the apartment that shouldn’t be the defendants girlfriend pointed to a basket in the living room which contained cannabis and handed it over to him. The defendant took ownership of it and a caution memo was taken. He said he was going to give the cannabis to a person who needed it for pain relief, for free and not for profit.

It was again highlighted in court how the defendant was asked by an elderly friend of his girlfriend’s dad if he would be able to get cannabis for pain relief, which he did. despite this however the judge showed little to no sympathy and sentence the man to 1 YEAR in prison because of past convictions for DRUGS.

Prison Overcrowding

The issue of prison overcrowding in Ireland adds another layer to the debate on ending cannabis prohibition. An article on the state of Irish prisons highlighted the unsafe environment created by overcrowding for both prisoners and staff, suggesting that the penal system is under severe strain​ (Sunday World)​. This raises pertinent questions about the efficacy and morality of incarcerating individuals for cannabis offenses, a substance increasingly seen in a more lenient light globally, particularly given its legal status in various jurisdictions for medical and even recreational use.

Then on top of overcrowding you have the financial strain of incarcerating individuals in Ireland for cannabis-related offenses. According to recent statistics, the average annual cost of housing a prisoner in Ireland surged to approximately €80,445 in 2020. This figure reflects a notable increase from previous years, driven by various factors including adjustments for COVID-19 measures​ (Donegal Live)​. This expenditure is significantly higher than many other European countries, where the daily cost of housing a prisoner is considerably lower​ (IPRT)​.

President of the Prison Officers Association, Tony Power said “Overcrowding provides the perfect atmosphere for the bully to thrive and exert huge pressure on vulnerable prisoners in particular to traffic in contraband, including weapons and illegal drugs. Serious violence is often part of the scenario here and we prison officers pay the inevitable price. Overcrowding puts both prisoners and prison officers at unnecessary risk – and this is totally unacceptable.”(EchoLive) 

He added: “Over the last year overcrowding made an unwelcome return to our prisons – a problem, which always and ever creates major challenges for prison officers on the ground.” And he concluded: “All of us believed this was a historic issue. None of us want a return to the ‘Pack em, Stack em and Rack em days’ of the past, where both prisoners and prison officers pay a heavy price.” 

My Family and I at the side of an incredibly busy dual carriageway, on Eater Sunday, as we were on our way to a dog show, for a family day out, getting searched for drugs.

The only reason they decided to search my car at the checkpoint was because I was caught the week before at work with €5 worth of cannabis in my car.

This experience which resulted in no drugs found left my kids traumatized and with a fear & even dislike for Gardaí

Given the severe implications of imprisonment — not just for the individuals and their families but also on the already stretched prison system — it has been argued and even a bill put forward, that Ireland should reconsider its approach to cannabis.(The Journal)

Given this high cost of incarceration, the rationale for imprisoning individuals for cannabis-related offenses deserves a complete and thorough reevaluation. With prisons already facing severe overcrowding issues, the economic burden of maintaining non-violent cannabis offenders in these facilities further exacerbates the problem, raising serious questions about the sustainability and morality of such penal policies.

This situation suggests that alternative measures to incarceration for cannabis, such as fines, rehabilitation, community service, or even decriminalisation/regulation. This approach could alleviate the pressure on the penal system while aligning with a more modern understanding of cannabis-related activities.

Cannabis Globally

As part of a broader global shift in cannabis policy, Germany recently took significant strides by legalizing recreational cannabis use. This development is set against a backdrop where several countries such as France, Malta, Luxemburg, Czech republic and more reassessing their stance on cannabis, reflecting a global trend toward decriminalization and legalization.

Germany's new legislation, effective from April 1, 2024, permits adults to possess up to 25 grams of cannabis and grow up to three plants for personal use. This move positions Germany as one of the most liberal countries in Europe regarding cannabis laws. The law also allows for the formation of non-profit cannabis clubs that can supply up to 500 members, aiming to curb black market sales and ensure safer consumption practices. These changes align with Germany's broader goal to remove cannabis from the taboo zone, emphasizing harm reduction and controlled access rather than outright prohibition​ (POLITICO)​​ (Al Jazeera)​​ (POLITICO)​.

This legislative change in Germany is notable not just for its immediate effects but also for its potential to influence broader European Union policies on cannabis. It represents a shift towards more progressive drug policies that other EU countries might consider, especially as the public sentiment and political climate evolve towards greater acceptance of cannabis use for recreational and medical purposes​ (POLITICO)​​ (The Cannabis Watcher)​.

The move is seen as a test bed for further liberalization, with plans to implement pilot projects that could eventually lead to the opening of retail cannabis shops in designated regions. This phased approach reflects a cautious but deliberate strategy to integrate cannabis into society in a controlled manner, aiming to balance public health concerns with civil liberties and crime reduction​ (Tobacco Asia)​. Germany's progressive stance on cannabis could potentially set a precedent for other countries, influencing international drug policy reform debates and possibly leading to a reevaluation of cannabis laws in jurisdictions still upholding stringent prohibitions.

Ireland & The Misuse of Drugs (Cannabis Regulation) Bill 2022

Lets hope here in Ireland this global trend towards reform takes hold and when our policy makers here return to deliberate the The Misuse of Drugs (Cannabis Regulation) Bill 2022 that was put forward by People before Profit, TD, Gino Kenny. When this bill was last debated it was voted to be given a nine-month timed amendment by Health Minister Stephen Donnelly. This means that bill is not due to be re-examined until late October which puts the ball back in the campaigners court .

Do we now wait for this bill to be brought to the floor again for a vote? or do we get active and start upping the campaign here? I believe if we want any hope of that bill succeeding come October/November we as campaigners need to strengthen the campaign here and become just as visible offline as we are online. If you’ve not already done so then why not get involved with some of the groups actively campaigning for cannabis legalisation in Ireland, groups like Crainn & The Cannabis Activist Alliance could do with all the support they can get as we are so close now to ending Cannabis Prohibition. I believe all we need now is 1 final big push by us the people or we could end up sitting here waiting for something that might never come how we want it to.

Don’t forget also this Thursday there is an online discussion being held by People Before profit about the citizens assemble and what’s next for drug policy in Ireland

The talk starts at 9pm and the link can be found by scanning the QR code on the poster or by going to Gino’s social media

Also worth mentioning, although maybe short notice is a talk by Labour on “Decrim: A solution to Ireland’s drug problem”

This talk is happening, at 7pm , The Graduate Pub, Killiney Shopping Centre, Dublin and unfortunately i’m not aware of any availability of an online stream for this talk. Hopefully someone there will fill me in on how it went.

Thanks to everyone who has taken the time to read this article/blog I really appreciate all your support

Please share this to help increase its reach and bring us that bit closer to bringing cannabis prohibition to an end!