Three-strike drug laws: Experts on LNP’s plan to scrap diversion rules

Arresting your way out of drugs, wasting money on minor offences, and basing policy on ideology – these are the thoughts from experts who oppose the LNP’s plan to repeal the three-strike drug laws.

Drug testing packs. Drug Wipe 5 S. Operation Crossroads, Police pull over drivers in Bellerive. Picture: RICHARD JUPE . File / generic / drugs / police / testing / RPT /

Questions around changes to the three-strike drug diversion policy have come under scrutiny, after newly elected Premier David Crisafulli confirmed the laws would be repealed.

The three-strike drug diversion laws, welcomed by senior police and health experts when they were passed last year, were criticised by a number of Liberal and National MPs who labelled them as “soft on crime”.

Last week, Mr Crisafulli confirmed these rules would be repealed and said the LNP didn’t believe a “soft on drugs approach worked”.

What this means however, is still yet to be determined, as the LNP work to form their new cabinet this week.

The three-strike drug rule aims to divert minor illicit drug offences away from the courts, treating personal drug possession as a health issue rather than a criminal offence.

Queensland Network of Alcohol and other Drug Agencies CEO Rebecca Lang asked the government to allow the evaluation of the current changes to finish before making a decision.

She said only 10 per cent of people who use drugs develop drug use problems, and most drug users are only ever charged with drug possession.

The most appropriate response for people with drug use issues is health-based, she said.

“Police would agree that you can’t arrest your way out of drug use,” she said.

The laws diverts “thousands of people from our legal system” and means savings that can be “invested in health and education – not wasted on minor legal offences”, AMA Queensland President Dr Nick Yim said.

“We are very disappointed that the LNP is proposing to repeal Queensland’s drug diversion laws.”

Dr Yim said the repealed laws would “greatly hinder the health” of regional and remote Queenslanders.

“We know that the rate of illicit drug use increases with remoteness,” he said.

“Those living in rural and remote areas are more likely to face suicide and self-inflicted injuries, chronic liver disease and road traffic injuries as a result of drug related health issues.”

In 2022, the Qld parliament Inquiry into the decriminalisation of drugs estimated $278m in police resources a year are spent on drug supply offences and $222m on drug possession offences.

Additionally, it estimated a cost of $48,300 a year on jailing convicted offenders.

“Queensland Law Society would be concerned at any move to repeal the three-strike laws without proper evidence,” QLS President Rebecca Fogarty said.

The cumulative effects of courts dealing with low-level drug matters with no risk to the community creates a strain on the resources of legal aid, police and police prosecutors, she said.

Noosa criminal defence lawyer and former Australian Legalise Cannabis Party senate candidate, Bernard Bradley, said the change would do nothing to reduce drug use but only make those who need help with drug addiction less likely to seek it.

“The idea that this so-called ‘soft on drugs’ approach ‘does not work’ is not supported by the evidence or by those who deal with this issue on the front lines every day: the police, the legal profession and health workers,” he said.