Law Updates Criminal Law
25.10.22
The ACT passes drug decriminalisation laws: here’s what it means
The ACT has become the first Australian jurisdiction to decriminalise small amounts of illicit drugs, including cocaine, ecstasy (MDMA), ice, heroin, LSD and amphetamines.
The Drugs of Dependence (Personal Use) Bill Amendment was passed by the ACT Legislative Assembly on 20 October 2022, but won’t come into effect until October 2023.
Practically, what that means is people who are caught with small amounts of nine different types of illicit drugs will not be criminally prosecuted. Instead, the drugs will be confiscated, the possessor issued a fine of $100, or be referred to a drug diversion program. Under the current law, it is an offence to be in possession of drug of dependence or prohibited substance and the maximum penalty for drug possession is a fine of $8,000, and/or 2 years imprisonment.
The possession limit for cocaine, amphetamine and ice will be 1.5 grams. The limit for ecstasy will be 1.5 grams or five doses and there will also be a five-dose limit for LSD. The limit for heroin will be 1 gram. Importantly, only drug possession is decriminalised, that means it is still an offence to supply drugs.
The ACT has previously passed laws to legalise the possession of weed. The possession limits for that is 50 grams of dried cannabis and 150 grams of harvested cannabis.
The ACT government implemented the changes to prioritise a health‑focused response to illicit drug personal possession and increase diversion away from the criminal justice system.
What is decriminalisation?
Decriminalisation of drug use/possession is not the same as legalisation. Under decriminalisation, there is no legal means to obtain drugs for personal use (if a person carrying drugs for their own use is apprehended by police, the drugs will be confiscated). The key feature of decriminalisation is that drug use does not carry a criminal record, and this is a significant benefit to society. Along a spectrum, decriminalisation sits between full prohibition (criminal penalties for all drug use that are applied in practice) and legalisation (drug use is legal).
What are the benefits?
It is abundantly clear that the outright prohibition model of drug policy is not working, as drug use is prevalent across Australia and within the ACT. There is good evidence from drug law reform around the world that a harm minimisation approach delivers better outcomes both for individuals and communities.
The changes will inevitably prioritise health and safety over punishment for people who use drugs, reduce the stigma associated with drug use so that problematic drug users are encouraged to seek treatment and other support and remove barriers to evidence-based harm reduction practices such as drug checking, heroin-assisted treatment, and medical marijuana. The ACT have already implemented Australia’s first fixed-site health and drug checking service, which is consistent with the ACT’s progressive approach in reducing drug related harms.
I am hopeful the governments in the remaining states and territories of Australia stop burying their heads in the sand and pretending they are winning the war on drugs. The reality is drugs exist and people will continue to take them, let’s shift the focus to harm minimisation and diversion from the criminal justice system.