24-hour solicitor advice line: 083 080 6056 (Legal Aid Availble)

Drugs offences

Often seen as victimless crimes, the manufacture, distribution, sale and possession of illicit drugs (heroine, cannabis, ecstasy, etc) are all treated as serious offences and if you are convicted, you could face a custodial sentence.

If the Gardai want to speak to you in relation to something, and you suspect if may be related to a drugs offence, you should not meet them or give them any statement until you speak to an experienced criminal defence solicitor. If you want us to attend a Garda station with you, for interview, call us anytime on 083 080 6056.

Phelim O'Neill, Criminal Defence Solicitor

What to do:

Before speaking to Gardai, you must get legal advice. If you have been contacted by Gardai to give a statement, do the following:

1. Say nothing until you speak with Phelim O'Neill Solicitors.
2. Ring us immediately on our 24-hour number: 083 080 6056.
3. We will explain what is going to happen next, step by step, and we will agree a plan of action.
4. Depending on your circumstances, we will arrange to have in-person consultation (this may be at the Garda station)

Information relating to drugs offences in Ireland

​If the Gardai ask you to make a statement in relation to any drugs offence; or if you receive a summons; or you are charged in respect of a drugs offence, you should immediately seek advice from one of our criminal defence solicitors. The sentences for drugs offences can range from a fine and to a prison sentence, and you may also receive a criminal record, which will make travelling or obtaining visas difficult, and could effect future employment opportunities.

The Misuse of Drugs Acts set-out a number of drug related offences, including:

Possession of controlled drugs - cannabis or cannabis resin
Under the Misuse of Drugs Acts, anyone found in possession of cannabis or cannabis resin or any other controlled substance (illegal drugs) is guilty of an offence. The penalties handed down by the Courts in respect of these matters depends on a number of variables, including: what type of drug it is; whether it is a first offence and whether the case is dealt with in the District Court or on indictment in the Circuit Court. Penalties can include a fine and/or a imprisonment.

Grow houses - cannabis plants or opium poppies
It is an offence to grow cannabis plants or opium poppies, even for personal use, and your case may be dealt with in the District or on indictment, in the Circuit Court.

Possession of controlled substances (illegal drugs) for sale or supply
Under the legislation, it is an offence to be in possession of a controlled substance with the intention of selling it onto someone else. You don't have to be caught making the sale, it is enough for the state to prove intent. Anyone found guilty of this offence is liable to a fine and/or prison sentence.

If the market value of the drugs in question is €13,000 or greater, the person, on conviction, is liable for a minimum sentence of 10 years. However, this doesn't apply where the court is satisfied there are exceptional circumstances. Similar penalties apply to individuals convicted of importing drugs with a value of €13,000 or higher.

Possession of drugs at music festivals (Electric Picnic, Longitude, Forbidden Fruit etc.)
If you are summonsed to appear in court for having been found in possession of drugs at a music festival, we can act for you. It is likely that such a matter will appear before the District Court, and we can arrange to instruct Junior Counsel to be present at any court in the country to attend to the matter on your behalf. 

Phelim O'Neill Solicitors have a proven track record in advising and defending clients accused of drugs offences, in both the District Court and the Circuit Court. The best way to optimise the chances of successfully defending drugs offences cases is for the accused to be advised by a solicitor from the out-set, preferably, prior to giving any statement to Gardai.
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