The ACT is set to become the first Australian jurisdiction to decriminalise small amounts of commonly used illicit drugs, such as ice, heroin, cocaine and speed.
Tabling the Government Response to the Select Committee Inquiry into the Drugs of Dependence (Personal Use) Amendment Bill 2021, Minister for Health Rachel Stephen-Smith said the Territory had agreed to support the Private Member’s Bill with amendments to ensure it met the intent of harm reduction.
Ms Stephen-Smith said small amounts of the most commonly used and best understood illicit drugs would be decriminalised by introducing a Simple Drug Offence Notice (SDON).
“Illicit drugs are harmful and the ACT Government will continue to take a strong stance against drug dealers,” Ms Stephen-Smith said.
“This Bill does not change that view,” she said.
“Thresholds for trafficking offences will not change and 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 the Bill proposed the creation of an SDON as an option when a person was found in possession of a small amount of an illicit drug.
The Minister said the Government’s proposed amendments would retain the list of drugs proposed in the Bill other than methadone, which is regulated as a pharmaceutical drug.
“However, it will move the list of drugs to regulation to ensure flexibility in responding to changes in the market,” she said.
“Police will retain discretion to respond to the circumstances of specific situations, having a range of options available including fines, diversion or cautions as appropriate.
“They will also still be able to prosecute people for other offences that occurred at the same time as the drug possession offence”
Ms Stephen-Smith said research indicated that rates of drug use were not strongly linked to levels of punishment for personal possession however, drug trends would be carefully monitored following the changes and a review of the laws would take place after three years.
