Australian Capital Territory decriminalizes small quantities of drugs, including heroin and cocaine

The social experiment of decriminalizing drugs and providing a health-based program rather than jailing drug users is gaining ground in Australia’s capital.

The Australian Capital Territory (ACT) – home to the capital Canberra – has passed legislation to decriminalize small quantities of drugs, according to an Oct. 20 announcement. It is the first jurisdiction to do so in Australia.

The Drugs of Dependence (Personal Possession) Amendment Bill 2022, introduced by Labor MP Michael Pettersson, only decriminalizes very small amounts of drugs. Penalties are reduced to warnings, small fines or a drug diversion program.

The bill passed by a vote of 13 to 6. A 12-month transitional period will apply from October 2023.

“Starting in late October 2023, possession of small amounts of certain illicit drugs will be decriminalized,” the announcement said. “This means people no longer face potential jail terms and can instead be fined $100 or referred to an illegal drug diversion program. If the matter goes to court, the individual faces a maximum fine of $160, reduced by 50 penalty units and/or two years in prison.

“This reform will reduce the stigma and fear for people who use drugs to access health services,” the announcement said. “By directing people to a drug diversion program, people who use drugs are provided with the health services and support they need while providing a pathway away from the criminal justice system.”

This means that Canberrans no longer face possible prison sentences, but instead receive a slap on the wrist: either just a warning, a fine of AU$100 (about US$63) or being referred to an illegal drug diversion scheme.

Over the next 12 months, the government will begin implementing oversight agreements, training frontline workers such as the police, and developing public communications with the police, the alcohol and drug sectors, academic experts and people with lived experience.

The maximum limits are specific to different drugs: cocaine at 1.5 grams, heroin at 2 grams, MDMA at 3 grams, methamphetamine at 1.5 grams, amphetamine at 2 grams, psilocybin at 2 grams, lysergic acid at 2 milligrams and finally LSD at 1 2 milligrams.

ACT officials who supported the bill believe a more health-focused approach to addiction is more effective than incarcerating it.

“The ACT has guided the nation with a progressive approach to reducing the harm caused by illicit drugs, with a focus on distraction, access to treatment and rehabilitation, and reducing the stigma associated with drug use,” said ACT Health Secretary Rachel Stephen- Smith. “This sensible reform is based on expert advice that a health-focused approach to harm reduction provides the best outcome for people who use drugs.”

Personal possession of small amounts of the most commonly used illicit drugs will be decriminalized in the ACT after a 12-month grace period.

The Drug Addiction (Personal Property) Amendment Act 2022 was passed by the ACT Legislative Assembly tonight. pic.twitter.com/0QWCwToRUS

— Andrew Barr MLA (@ABarrMLA) October 20, 2022

The Guardian reports that Canberra Liberals Deputy Leader Jeremy Hanson has slammed the bill, calling it “radical”.

“It wasn’t brought into the community. It will lead to more crime. It will result in more carnage on our streets,” he told ABC. “It won’t change the number of people going into the criminal justice system, and it won’t solve the problem we have now, which is not enough people having access to treatment.”

Pettersson said people who use meth are often the ones who actually need help from health services the most.

“People who use recreational drugs are at risk, and certain drugs do more harm than others,” he said. “When people use a substance like methamphetamine, we need to make sure we don’t continue to criminalize them and make it even easier for them to come forward and access the support they may need.”

Weed has been decriminalized in the ACT for almost 30 years.

In America’s capital, Washington, DC, psilocybin, ayahuasca, and mescaline are being decriminalized, and efforts are being made to decriminalize all drugs.

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