In 2019, the Chief Executives Board of the United Nations made a commitment to pursuing ‘alternatives to conviction and punishment in appropriate cases, including the decriminalisation of drug possession for personal use’. This commitment articulates a global momentum regarding the decriminalisation of certain drugs.
There have been several government lead inquiries into drugs use in Australia and Victoria. In 2018, SMLS contributed to a law reform inquiry regard the use of drugs in Victoria. This inquiry lead to a range of exciting recommendations, such as moving towards a harm reduction model, decriminalising drug use and creating a new drug driving test based on impairment.
Since then, there has been an inquiry into medicinal cannabis in Victoria, where SMLS and Dr Kate Seear made a submission outlining the difficulty people have both obtaining a script and accessing cannabis legally.
Right now, the Victorian Government is requesting submissions into cannabis use in Victoria. SMLS is taking this opportunity to write about how the criminalisation of cannabis can cause significant harm to our clients.
What is decriminalisation?
Decriminalisation does not mean legalisation. It means that though the use of a certain drug remains illegal, however the punishment for possession may be a fine rather than a criminal penalty. In Australia, many people are still sent to prison for possession of even small amounts of drugs.
There is a large body of evidence that outlines a strong case for decriminalisation and a public health approach to drug use in Victoria. Research reveals that there is strong public support for the decriminalisation, that it will improve social outcomes, and that it does not contribute to increased use or increased crime.
What is harm reduction?
A harm reduction approach accepts that despite criminalising drug use, people continue to use drugs. So, instead of punishing drug use, this approach chooses to work to minimize the harmful effects of drug use rather than simply ignore or condemn them. Harm reduction incorporates a range of strategies, interventions and policies designed to serve drug users and reflect community needs. Drug use is treated as a health issue rather than a legal one.
Criminalising cannabis can cause more harm than good
Many of the harms associated with drug use often result from criminal penalties and social stigma. By criminalising people who use cannabis, their capacity to manage any related harms is reduced. Putting people who drugs (often occasionally and in small amounts) into the criminal justice system, we destabilise families and communities. With strategic regulation, decriminalisation and a focus on harm reduction, we can build a fairer and more just Victoria.
