Johnathan Davis, Neil Gaughan: Greens MLA slams proposed drug limits

The amount of illicit drugs such as heroin and methamphetamine that should constitute ‘personal possession’ under a proposed new decriminalisation bill is up for debate. Here’s why.

Greens MLA Johnathan Davis has called for the removal of “arbitrary” drug quantity thresholds from a bill that would decriminalise the personal use of illicit drugs in the ACT.

The Drugs of Dependence (Personal Use) Amendment Bill 2021 tabled by Labor Backbencher Michael Petterson would decriminalise the personal possession of small quantities of illicit drugs.

The bill currently has specific limits listed of various drugs which are deemed “small quantities”, including up to 2 grams of cocaine, methamphetamine, amphetamine, and heroin; 0.5 grams of MDMA; and 0.002 grams of LSD.

These proposed limits are separate to the current distinction between non-trafficable and trafficable quantities of drugs currently used in the ACT’s justice system.

Mr Davis said he wants to see possession limits established by the bill fall in line with current distinctions used in the criminal justice system.

Greens MLA Johnathan Davis has described proposed limits on illicit drugs as “arbitrary”. Picture: Julia Kanapathippillai

“There’s already an established criminal code which law enforcement and the courts have already had to operate under that clearly determines the difference between possession and a trafficable limit,” he said.

“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.”

However there are some in support of the bill who believe the current proposed limits are too high.

ACT Policing’s Chief Police Officer Neil Gaughan says proposed limits on illicit drugs are too high. Picture: Supplied

Speaking at a public forum into the bill held by ACT Churches Council on Saturday, ACT Policing Chief Police Officer Neil Gaughan said while he supportive of the bill, he had concerns about possession limits.

“My biggest concern with this bill as it’s proposed is the personal possession limits – they’re too high in my view,” Mr Gaughan said.

“Two grams of drugs is about $2000 worth of meth – it’s too much.

“I’m not sure how anyone can actually buy $2000 of meth unless its on ‘tick’ which is owing the drug dealer money, or they’ve committed a criminal offence.

“I don’t know about you but $2000 is a lot of money for me.”

Mr Gaughan said he believed a quantity of drugs with the street value between $300-$700 was a more appropriate threshold.

While Canberra’s top cop, and Mr Davis have opposing views on possession limits, both men stress the need to get the legislation right.

“The ACT community can be leaders without being reckless … we’ve got to get it right,” Mr Gaughan said.

“If we don’t get this right every other jurisdiction in the country will see it and the ‘cause’ will be set back decades.

“No other jurisdiction will go down this path if we don’t get this right.

“I think the right thing to do, absolutely … but if we overstep … we will fail.”

“If you’re going to do a job, do it properly,” Mr Davis said.

“We have a crisis when it comes to drug use in this city, in this country and frankly across the world.

“We know there are places doing it far better than the ACT with strong legal frameworks, strong healthcare supports and strong community buy in because we know the war on drugs has failed.

“We’re unlikely to get a second shake of the sauce bottle here - we need to get this right.”