Understanding the ACT Drug Decriminalisation Law and Its Impact

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Among other states and territories, the ACT becomes the first Australian jurisdiction to decriminalise small quantities of illegal substances, such as cocaine, ecstasy (MDMA), ice, heroin, LSD, and amphetamines.

On October 22, 2022, the ACT Legislative Assembly approved the Drugs of Dependence (Personal Use) Bill Amendment. Although it won't take effect for another 12 months, the drug law reform covers the decriminalisation of drug use with possession limits as indicated below.

It's important to note, however, that although drug possession has been decriminalised in the ACT, drug distribution remains illegal.

Laws in legalising cannabis possession have already been passed in the ACT - with 50 grams of dried cannabis and 150 grams of harvested cannabis as the maximum amounts that may be in your possession.

The ACT government made the reforms in order to enhance diversion from the criminal justice system and prioritise a health-focused response to personal possession of illicit drugs.

At any rate, decriminalisation of drug use does not equate to legalisation. Hence, it is important to understand that under the drug decriminalisation law, buying or obtaining drugs for personal use is still deemed as illegal.

However, if the person is caught carrying drugs for personal use, the police won't charge the person with a criminal offence, but instead, he/she will just be detained and the drugs will be confiscated.

Under the existing legislation, the ACT government strictly prohibits drug possession and the use of illicit drugs. As a result, drug users are charged with a criminal offence that is subject to a maximum penalty of $8,000 fine or an imprisonment of up to two years.

But under the new legislation, people who are discovered in possession of modest quantities of any of the nine illicit drugs will not face criminal charges. Hence, the owner of the drugs will either have the drugs seized, pay a $100 fine, or be instructed to enter an illicit drug diversion program.

According to the health minister for the ACT, Rachel Stephen-Smith, minimising harm rather than punishing the criminally prosecuted was the best course of action to address the prevailing issues regarding poor health services and criminal conviction.

Accordingly, the health minister shares that it has long been characterised as an effort to consider cannabis possession as a medical drug treatment rather than a criminal one.

"With a focus on diversion, access to treatment and rehabilitation, and lowering the stigma associated with drug use, the ACT has led the country with a progressive approach to decreasing the harm caused by illicit drugs." Health Minister Rachel Stephen Smith said.

Challenges Faced Under the New Law

Jeremy Hanson, the deputy leader of the Canberra Liberals, denounced the insurgent move. Pointing out that the ACT policing opposed the modifications as these may encourage drug dealers and drug users to succumb to drug addiction, hence leading 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 News, an Australian broadcasting company.

“It won't reduce the number of people entering the criminal justice system, and it won't solve the current issue of people not being able to access treatment", Hanson continues.

Not concurring with the argument put forth by Hanson, Ms Stephen Smith speaks, "With this adjustment, we are only guaranteeing that persons who have possession of small amounts of drugs in their hands for personal use be dealt with a health reaction, not a criminal one. We are not encouraging people to use drugs, and we are not enabling the trafficking or dealing of drugs."

Decriminalisation of Drugs Continues

Countering the narratives made by deputy leader of the Canberra liberals, Labor Backbencher Michael Pettersson, a member of the ACT legislative assembly, believes now is the best time to move forward and see the circumstance as a positive silver lining to address the health issue associated with them.



The drug war, according to Mr. Pettersson, has failed because drug use has neither decreased nor been stopped as a result of it.

Leading the Way Towards a Fresh Start

Heroin use and other drugs is pervasive throughout the ACT, making it quite evident that the prohibition laws for drug policy is failing. Thus, the drug law reform suggests that a harm minimisation approach would be beneficial for individuals and the community as a whole.

The modifications will place a higher priority on people's health and safety instead of focusing on criminal conviction alone.

Conclusion

For ex-offenders, the decriminalisation provides an opportunity for a fresh start. If you have been tarred with a criminal record, the new law can help you recover.

However, if you've been recently charged with an offence involving illicit drugs and you're not sure whether your particular case is covered under the decriminilisation laws rolled out by the ACT Government, it's best to speak to a criminal lawyer for expert legal advice.