ACT has decriminalised personal possession of illicit drugs

Politicians in the ACT have just decriminalised the possession of small quantities of illicit drugs like heroin, meth and cocaine to stop drugs from ruining lives.

The ACT Legislative Assembly has decriminalised the possession of small quantities of illicit drugs.

Following a spirited debate in the chamber, the bill was passed 13 votes to 6.

Meanwhile ACT Deputy opposition leader Jeremy Hanson has promised the Canberra Liberals will repeal the bill if they are successful in the 2024 ACT Election.

Under the current terms of the bill, when the law is implemented in a year, Canberrans can possess small quantities of drugs including methamphetamine, LSD, MDMA, heroin and cocaine.

During the debate, ACT Attorney-General Shane Rattenbury described the bill as a “step in the right direction … on the road of progressive change that we need”.

The ACT Government has passed a bill to decriminalise the possession of small quantities of drugs. Picture:pexels

Human Rights Minister Tara Cheyne said decriminalising drug possession would reduce the number of lives drugs “ruined”.

Labor backbencher Marisa Paterson criticised Mr Hanson during the debate, stating she “looks forward to the end of scaremongering … by Jeremy Hanson”“.

Liberal MLA Peter Cain spoke against the bill, telling the assembly his heart “goes out” to those affected by drugs and their families.

“The reason why possessing these drugs is a crime is because it hurts people,” he said.

Mr Cain said he believed in harm minimisation and said there was a “false dichotomy” between harm minimisation and drug criminalisation.

He also raised concerns about a disparity between ACT law and Commonwealth law on drug possession.

Mr Cain also said unlike cannabis, which was decriminalised in the ACT in early 2020, where Canberrans could grow their own supply, users of other illicit substances would only be able to get drugs from criminals.

Labor backbencher Michael Pettersson, who brought the bill to the Assembly in February last year, was the last to speak on the bill before voting began.

“The war of drugs is a failure of policy,” he said.

“It has not stopped drug use, it has not reduced drug use.

“Clearly it is time to move away from this punitive system that does not work.”

Mr Pettersson ended his impassioned plea by saying the ACT government “should be providing healthcare not handcuffs” to drug users.

Following the passage of the bill, Mr Hanson immediately pushed an amendment bill to delay the implementation of the law by a year.

The amendment failed with six yes votes against 13 no votes.

Speaking to reporters outside, Mr Hanson vowed the Canberra Liberals would push to repeal the laws as part of their 2024 ACT Election platform.

“We don’t want more meth on our streets, we don’t want more heroin on our streets,” he said.

Canberra Liberals MLA Jeremy Hanson speaks out against move to decriminalise possession of hard drugs. Picture: Julia Kanapathippillai

The passing of this law follows more than a year of consultation and inquiry since Mr Pettersson presented his private members bill early last year.

An inquiry into the bill released a report in November 2021 recommending the bill be passed, with Mr Cain the only member dissenting.

In June, the Assembly agreed in principle to the bill after Health Minister Rachel Stephen Smith tabled the government’s response to the inquiry.

ACT Health Minister Rachel Stephen-Smith says decriminalising hard drugs does not endorse drug use. Picture: Julia Kanapathippillai

In June, Ms Stephen-Smith said the ACT government’s move towards decriminalisation was not “sending the message that drug use is safe”.

“We know criminalising drug users does not reduce drug use, it only creates further harm for some of the most vulnerable people in our community,” she said.

In August, Greens MLA Jonathan Davis indicated he would seek to amend the bill to make the limits of illicit drugs reflect pre-existing definitions between non-trafficable and trafficable quantities of drugs defined in the ACT’s justice system.

ACT Greens MLA Johnathan Davis says proposed illicit drug limits should be in line with current definitions in the criminal code. Picture: Supplied

“It will be much clearer, much simpler and in line with feedback and evidence the government has already solicited to work within the parameters of the established criminal code rather than creating a new third, arbitrary, and unspecific classification,” Mr Davis said.