Garda 'Smell Cannabis' Claim Unlawful Pretext, Academic Tells Oireachtas Committee

TDS and Senators on the Oireachtas Drugs Committee will hear today that gardaí may falsely claim to have “smelled cannabis” as an unlawful pretext for stop and search.

Dr. Cian Ó Concubhair of Maynooth University will argue there are “a number of difficulties” with gardaí using the “I smelled cannabis” justification. He will cite UK policing reports and suggest senior gardaí oppose drug decriminalisation because drug-related stop and search powers are used “in crime detection beyond drug offending.” Ó Concubhair's opening statement will emphasize that searches conducted for reasons other than cannabis possession are unlawful. He will add that "anecdotal evidence from criminal law practitioners" suggests this is due to the absence of similar search powers for other offenses like theft and fraud, citing shoplifting as an example of "curious and problematic gaps” in Ireland’s policing regime.

Dr. Ian Marder, also of Maynooth University, will state that stop and search disproportionately affects “working class young men,” despite Health Research Board data showing equal drug consumption rates across wealth demographics.

Marder will present research showing that being searched is a “normalised experience” for young Black adults in the Blanchardstown area who do not carry drugs.