"It's going to lead to more crime": Controversial new law passes
The ACT has decriminalised small amounts of nine illicit drugs, including cocaine, heroin and speed, making it the first Australian jurisdiction to do so.
The Drugs of Dependence (Personal Use) Bill Amendment was first introduced into parliament in early 2021 by backbencher Michael Pettersson, with the bill being passed by the ACT Legislative Assembly on Thursday.
"Today is an important day," Mr Pettersson said, thanking his colleagues for “voting a better way”.
"Today's bill is not a radical revolution; it is a gradual evolution of our existing laws."
The bill is an expansion of the existing Simple Cannabis Offence Notice (SCON) scheme, which has resulted in the decriminalisation of small amounts of cannabis since 1992.
In 2019, the ACT passed a law that allows individuals to possess and grow small amounts of cannabis for personal use.
"Today we have expanded that framework ... the many benefits of that scheme for many years will now be applied to a wider range of substances that will capture more Canberrans - with the ultimate goal of making it easier for them to access the help they need," Mr Pettersson said.
Big day in the Assembly. #Canberra pic.twitter.com/fbV7TYZ1dg
— Michael Pettersson (@PetterssonMLA) October 20, 2022
The new law means that people found with personal amounts of nine types of illicit drugs won’t be criminally prosecuted - avoiding up to two years in prison - with police granted the ability to fine people in possession of drugs instead.
People found with illicit drugs can also choose to attend a drug diversion program rather than face the $100 fine.
However, the law changes don’t affect offences for trafficking drugs.
The ACT government announced in-principle support of the bill in June.
"Illicit drugs are harmful, and the ACT government will continue to take a strong stance against drug dealers. This bill does not change that view,” ACT Health Minister Rachel Stephen-Smith said at the time.
“The government and ACT Policing will continue to work to reduce supply and prosecute dealers and traffickers through the justice system."
Ms Stephen-Smith said that there was evidence to show that criminalising drug use doesn’t reduce drug use and that it should be treated as a health issue.
"Treating drug addiction as a health issue improves outcomes for everyone in the community," she said.
Following the change, the government said a 12-month implementation period would be used to train frontline workers, including police, and bolster oversight arrangements.
Jeremy Hanson, the deputy leader of the Canberra Liberals, condemned the “radical” move, claiming that it would lead to more crime.
"It wasn't taken to the community. It's going to lead to more crime. It's going to lead to more carnage on our roads," he told the ABC.
"It's not going to change the number of people going into the criminal justice system, and it's not going to fix the problem that we have now, which is not enough people being able to access treatment."
Despite this, evidence from Australia and other countries has shown that decriminalising drugs doesn’t result in increased use.
Image: Getty Images