The reason Jacinta Allan could upend Victoria’s opposition to pill testing

For a politician who hails from Labor’s Socialist Left faction, Jacinta Allan has never really been a champion for social reforms.

Supportive, yes. Allan considers herself a feminist and is pro-choice. She also voted to decriminalise abortion, supported assisted dying laws and legislation for same-sex adoption. But her ministerial career – which has spanned more than 15 portfolios – has been heavily skewed towards things like infrastructure, jobs and skills, meaning her policy work was more focused on reducing travel times than eliminating inequalities.

The question of pill testing is now front of mind for Premier Jacinta Allan.Credit: Alex Ellinghausen

But this week, Allan signalled a broadening to her outlook when she gave the tiniest hint that Victoria’s long-standing opposition to pill testing may finally be up for debate.

“I am seeking some further advice from the Health Department about what we’re seeing over this summer period,” Allan told ABC radio on Tuesday, continuing, “I think it’s important to examine the evidence and advice and consider that in the policy setting that we have across all of our alcohol and drug policy measures, which is taking a harm minimisation approach, looking at the safety of people going to events.”

For the average Victorian, it was a blink-and-you’d-miss-it pivot. But for her cabinet colleagues – who had kept in lockstep with former Premier Daniel Andrews’ stance and ruled out the change 12 months ago, saying, “I don’t think you can take these drugs at any level and be safe” – the comment was notable.

Allan’s comments triggered a discussion between the Greens, Animal Justice Party and Legalise Cannabis Victoria about using the policy as a bargaining chip in government negotiations.

So, was Allan foreshadowing a formal cabinet discussion and potential legislative change, or was it simply a case of political misspeak from a premier with a penchant for weasel words?

Several senior government sources, who profess to know Allan’s personal position on pill testing, insist she has long been open to legislative changes that could reduce the risk of partygoers overdosing on both unexpected and high potency drugs. They say it doesn’t stem from any progressive drug liberalisation obsession that many associate with inner-city MPs, but rather, as one minister described it, her “regional practicality”. Meaning, if pill-testing policy could see drug users discard potentially lethal substances, why not seriously consider it?

It’s understood Allan’s position on pill testing preceded the January overdose of nine partygoers at the Hardmission Festival in Flemington – eight of whom required intubation after ingesting MDMA. Six days later, two women were taken to hospital after suspected drug use at Juicy Fest in Ascot Vale.

Any policy shift in Victoria would come with some political cover after the state coroner John Cain recommended drug testing following the death of a 26-year-old man who had taken a “highly potent” form of MDMA. Progressive governments in Queensland and the ACT have also done the paperwork required to start rolling out pill testing trials.

Supporters within Labor argue that the reform is consistent with the government’s broader harm reduction strategy. As one senior cabinet minister observed, “Young people are going to do drugs, we can’t stop that. So why not make it safe?”

But within the party there still remains a roadblock of MPs concerned about the complexities of delivering such a policy, and the optics of catering to what they see as such a niche social issue during a cost-of-living crisis.

From a legislative perspective, giving the green light to pill testing would require changes to the Drugs, Poisons and Controlled Substances Act. Those in possession of drugs would also need to be granted some sort of legal immunity, which would create a political headache for those having to draft any new laws.

There is also a very real fear about the liability question. Some ministers rightly fear what would happen if a tested drug was deemed “safe” – insomuch as its contents weren’t unusually strong or contaminated – but the user was hospitalised or even died.

It may be almost three years until election day, but some Labor MPs hold deep concerns about the task of selling pill testing to the public and the implications such a policy could have long-term. How can one arm of the government tell Victorians not to do drugs while another arm simultaneously offers a testing service? Even those that theoretically support the change in policy fear such a policy could hurt them in suburban seats with large multicultural populations, particularly if the opposition weaponise the issue.

Of course, none of these concerns are reasons not to explore a reform that could save lives, but Labor will need to proceed with caution.

For all the proclamations that governments can walk and chew gum at the same time, when it comes to messaging it would be a brave government that gets caught up in an internal fight over party drugs during a cost of living crisis.

Particularly when a factional – and potential personal – division has already been exposed between Allan and her deputy, Ben Carroll, who last week said he doesn’t think there was a need for pill testing right now.

Should Allan actually manage to pull off a pill testing policy change, she may be remembered as the premier for social reform after all.

Annika Smethurst is the state political editor.

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