The Australian Capital Territory is leading the country in progressive drug policy, recently passing amendments to the Drugs of Dependence (Personal Use) Amendment Bill 2021. The ACT will be decriminalising the possession of small amounts of illicit drugs, becoming the first Australian jurisdiction to decriminalise limited possession. The Bill will introduce the new Simple Drug Offence Notice (SDON) Scheme, amending the pre-existing criminal laws and instituting other common illicit drugs to this diversionary pathway.
In contrast to ACT’s record of progressive health-focused reforms, Victoria continues to stall its journey to establishing an evidence-based drug law reform. Minor drug offences including possession of drugs in small quantities continue to result in criminal convictions of Victorians, causing significant harm to individuals, families, and communities.
The hesitation experienced by the Parliament to pass these essential reforms does not reflect the views of most Victorians or the advice of experts. Submissions to the Inquiry into the use of Cannabis in Victoria by the Australian Institute of Health and Welfare (AIHW) showed an increase in tolerance of cannabis use and supported a range of non-criminal actions (caution/warning or no action) when found in possession of small quantities of drugs.
Criminalisation has not been identified as a leading factor in the reduction, harm minimisation or distribution of drugs within the community. Interestingly, it has done the exact opposite. Experts continue to recommend a “reorientation” of Victoria’s drug law and policy, ‘moving away from viewing drug use as a criminal law problem, and toward viewing it as a social and health policy matter.’
Based on the National Drug Strategy Household Survey in 2019, recent use of cannabis, cocaine, and ecstasy all rose between 2016 and 2019. On a global scale, as of December 2021, more than 1100 “new psychoactive substances” have been reported to the United Nations Office on Drugs and Crime, which monitors drug trends worldwide.
The breakthrough reform brought forward by the Australian Capital Territory will ease the removal of stigma and discrimination faced by drug users. This will further support in re-integration of drug users and encourage them to reach out for support sooner. Formulating a reformed system rooted in evidence-based research, harm reduction and culturally relevant treatment will help Victoria spearhead into becoming a better economic, social, and inclusive State.
For more information on Ms Fiona Patten’s bill to decriminalise drug use and possession in a small quantity in Victoria, visit here.
We call on Victorian politicians to recognise the benefits of drug decriminalisation and the serious harms of our criminal justice system.
