ACT: Canberra decriminalises personal use of illicit drugs

One Australian jurisdiction has announced a major change to drug laws in a bid to divert possession offences from the courts.

The ACT has announced it will be the first Australian state or territory to decriminalise small amounts of illicit drugs, including cocaine, speed and heroin.

The new legislation, which the government endorsed on Thursday, will allow people caught with small amounts of drugs to be subject to fines instead of criminal charges.

People carrying larger quantities of drugs would still be prosecuted, while those caught with “personal possession” would be sent to a health program.

The decision follows the recommendations made in an inquiry put forward by Labor MLA Michael Pettersson last year.

ACT Health Minister Rachel Stephen-Smith said research and evidence around the world showed that criminalising drug users did not reduce drug use.

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

“The ACT has led the nation with a progressive approach to reducing the harm caused by illicit drugs through diversion, health treatment and reducing the stigma for those most vulnerable and at risk in community and this commitment continues our approach in line with community expectations.” she said.

“This legislation is part of our broader suite of policies developed in partnership with experts, people with lived experience and our alcohol and other drug sector to support those most in need to get the help and services they need when they need them.”

The illicit drugs include party drugs such as magic mushrooms, MDMA and acid.

In 2019, the ACT became the first state in Australia to legalise the personal use of cannabis.

In a statement on Thursday, the ACT government said the state had one of the highest rates of diversion from the criminal justice system for drug possession offences in Australia.

However, it said the Bill did not change the “strong stance against drug dealers”.

“This Bill does not change that view. 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,” it said.