Google AI


Modern Australian

Drugs could soon be decriminalised in the ACT. Here's why that would be a positive step

  • Written by: Nicole Lee, Professor at the National Drug Research Institute (Melbourne), Curtin University
Drugs could soon be decriminalised in the ACT. Here's why that would be a positive step

In February this year, Labor backbencher Michael Pettersson introduced a private members bill to remove criminal penalties for possession of small amounts of some illicit drugs in the Australian Capital Territory.

This might seem like a radical step to some, but researchers and health professionals have been calling for this reform for some time.

Most Australians support decriminalisation and a less punitive approach to drug use.

The bill is currently before a parliamentary committee that will look at the evidence and submissions from professionals, people who use drugs and the general public, and will report back in October this year.

How will decriminalisation work?

Drug decriminalisation is not the same as legalisation. Decriminalisation means it’s still illegal, but you may get a fine, rather than a criminal charge. In this case, the proposal is for decriminalisation of use and possession only. Manufacturing and selling will still be a criminal offence.

Possession of cannabis has already been decriminalised in the ACT since 1992. Pettersson also introduced a bill that came into effect in 2020, which went one step further. It allowed adult residents in the ACT to legally grow and possess small amounts of cannabis for personal use.

Possession of cannabis has also been decriminalised in South Australia and the Northern Territory for nearly 30 years.

Read more: More Australians back legalising cannabis and 57% support pill testing, national survey shows

If the new legislation passes, possession of small amounts of a limited number of illicit drugs will no longer be a criminal offence. They will be decriminalised, like cannabis was between 1992 and 2020 in the ACT.

If someone is found in possession of illicit drugs, and the amount is under the “personal possession limit”, they risk a civil fine of 1 penalty unit ($160). The current criminal penalty is a maximum fine of 50 penalty units ($8,000) or two years of imprisonment or both.

This means people who use drugs can avoid a criminal record if they pay the civil penalty within prescribed time period — a little like a speeding fine.

The proposed personal limit for possession is 0.5 grams of MDMA, 0.002 grams of LSD, and two grams of cocaine, amphetamines, psylocibin and heroin. These are much lower levels than the current definitions of “personal use” in the ACT.

Why decriminalise drugs?

Australia’s official national drug policy includes reducing harms from legal and illegal drugs. Efforts to reduce harms from illicit drugs are severely hindered because possession and use is a criminal offence.

The legal status of some drugs has more to do with history than risk of harm. In fact, some of the major harms from using illicit drugs are because they are illegal.

Read more: History, not harm, dictates why some drugs are legal and others aren't

One of the biggest harms from illicit drug use is having a criminal record for possessing small amounts of a drug for personal use. Most people who use illicit drugs do so very occasionally and only in small amounts, and are not dependent nor do they need treatment. A criminal record can have a long-lasting negative impact on a person’s future, including on their career and their ability to travel.

Making them a criminal offence also means there is a lot of stigma attached to using these drugs. We know stigma makes it harder for people to seek help when they need it.

There are no clear benefits from criminalisation of illicit drugs. In the justice system, a large amount of time and money is spent on addressing drug-related offences. Former Australian Federal Police Commissioner Mick Palmer has noted: “drug law enforcement has had little impact on the Australian drug market”. There’s no evidence criminalisation has reduced use of illicit drugs.

Decriminalisation significantly reduces the involvement of the justice system and allows existing resources to be better used to support treatment for people who need it, or to focus justice system efforts elsewhere.

Evaluation of drug decriminalisation in other countries, such as Portugal, has found it increases the number of people accessing alcohol and drug treatment and does not result in increased drug use.

In the Northern Territory, South Australia and ACT, cannabis use did not increase when decriminalisation was introduced 30 years ago. Rates of use are no higher than other states. This suggests there are more benefits than risks to decriminalisation.

Recently, the state of Oregon in the United States decriminalised all drugs for personal use following a vote by residents.

Read more: Oregon just decriminalized all drugs – here's why voters passed this groundbreaking reform

More and more jurisdictions are moving towards this approach. Decriminalisation of illicit drugs is the natural conclusion to decades of research on drug-related harms.

Authors: Nicole Lee, Professor at the National Drug Research Institute (Melbourne), Curtin University

Read more https://theconversation.com/drugs-could-soon-be-decriminalised-in-the-act-heres-why-that-would-be-a-positive-step-157709

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...