Big change to drug laws

The ACT has become the first Australian state or territory to decriminalise possession of small amounts of illicit drugs including ice, cocaine and heroin.

The laws came into effect on Saturday after they were passed late last year by the ACT’s Labor-Greens majority government.

The move has been met with opposition from police who have warned it will trigger a spike in drug intake and gang activity.

AFP Deputy Police Commissioner Neil Gaughan said the changes would lure recreational drug users into Canberra and spark an increase in drug-related deaths.

Under the new laws, people caught with a small amount of drugs will instead be issued with a $100 fine or referred to a drug diversion program.

Drugs use will remain illegal but will instead be treated as a health issue, the government argues.

The Australian Capital Territory is set to decriminalise small amounts of illicit drugs in October. People found with small quantities of substances including cocaine, methamphetamine and ice will be fined but won’t be faced with criminal charges. Greens Senator Johnathan Davis says they want to treat drug use as the “health issue that it is” rather than “a criminal issue”. “We know that people suffering with substance addiction require a health intervention and that trapping them in a cycle through the criminal justice system and prison terms do not make our community safer – it doesn’t heal their drug addiction, or their substance abuse issues,” Mr Davis told Sky News Australia. “We require a new approach if we’re serious about reducing the harm from drug use and the harm on the broader community.”

“The ACT Government does not condone illicit drug use,” ACT Health Minister Rachel Stephen-Smith said.

“The safest option is to not take drugs at all. However, we recognise people will use illicit drugs and believe a health-based approach to drug use leads to better outcomes.

“By treating drug use as a health issue, not a criminal one, we are providing pathways for people to access the health services and support they need.”

The decriminalised amount includes up to 1.5g of amphetamine, cocaine or MDMA, 50g of dried cannabis, 1g of heroin, 0.001g of LSD and 1.5g of magic mushrooms.

Under the laws, if someone is found in possession of small amounts of illegal substances, they will still be confiscated.

It will still be illegal to drive with drugs in your system.

“By allowing people who use drugs to be referred to a health service instead of being given a criminal conviction, people are encouraged to seek help and treatment,” Canberra Alliance for Harm Minimisation and Advocacy executive director Chris Gough said.

“And also, importantly, showing that society hasn’t given up on them.”

The reform will be independently reviewed after two years.