While Queensland locks up more addicts, drug use has increased

A drug crackdown has caused Queensland prisons to overflow while failing to stop people from using or supplying, the state's independent economic review body has found.

The Productivity Commission was asked by Treasurer Jackie Trad to make recommendations to tackle the "serious and growing public policy concern" of prison overcrowding.

A police sniffer dog checks revellers at a music festival.Credit: Paul Harris

It found the main driver of overcrowding was illicit drug offences, making up 32 per cent of the growth since 2012.

"Possession or use offences were the most common drug offences and contributed 22 per cent of the people imprisoned for drug offences in 2018," the commission wrote in its report.

Queensland locks up twice as many people for drug use and possession as the rest of Australia combined, a development the commission found to be a policy choice rather than due to differences in drug usage.

"Criminalisation has been in place for many decades, but it has proven ineffective at significantly reducing the consumption of illicit drugs, and it has not achieved sustained reductions in supply," it wrote.

"Even in those jurisdictions where supply has been legalised, most evidence suggests there has been no long-term increase in usage or drug-related harms," the commission wrote.

The report found the use of alcohol and tobacco fell in Queensland between 2001 and 2016 while the use of illicit drugs increased over the same period, excluding cannabis.

The 516-page report, made public on Friday, recommended MDMA and cannabis be removed from Queensland's criminal code.

Labor said no. The LNP said no.

The commission said fully legalising and regulating the supply of lower-harm drugs such as cannabis and MDMA would give the Queensland taxpayer a net benefit of $1.2 billion.

It would also take about $4 billion out of illegal markets, money that could be funnelled into the health system.

"Rather than money being channelled into profits from criminal activity, surpluses from production (profits) can be taxed and used for public good," it wrote.

Drug use in Queensland is common. About one in six people have recently used an illicit drug, and almost half of Queenslanders over the age of 18 have taken drugs during their lifetime.

In the 19th century, Australia had a laissez-faire attitude with respect to drugs. Most drugs were legally available and regulation was minimal, the commission's report read.

Cannabis, opium, heroin and MDMA were all legal products in the first half of the 20th century.

Heroin was available on prescription until 1953 and was used widely as a painkiller and in cough mixtures.

Cannabis, opium, heroin and MDMA were all legal products in the first half of the 20th century.Credit: Viki Yemettas

Opposition justice spokesman David Janetzki said: "Going soft on the war on drugs is not the answer.

"While providing better treatment for those struggling with addiction is vital, we need tougher penalties to crack down and reduce supply."

But the commission's report said all available evidence suggested criminalising drugs "has not been effective in restricting use and supply".

"Despite this, the Queensland government spends around $500 million enforcing drug laws, and imprisons around 1840 people per year."

A poll of more than 1000 Brisbane Times readers found 87 per cent agreed that illicit drug use should be removed from the criminal code.

In its response, the government acknowledged that police officers with "long-standing experience" supported decriminalisation but it still had "no intention of altering any drug laws in Queensland".

The government will instead consider expanding diversionary methods for minor drug offences.

Ms Trad said people who commit serious crimes should go to jail.

"But given the cost of keeping prisoners in prison, we need to examine whether that is the best option for people who repeatedly fail to pay fines or are repeatedly arrested with small amounts of drugs for personal use," she said.

"That’s especially true if that prison sentence pushes a small-time offender towards a life of more crime, rather than rehabilitation."

Former federal police commissioner Mick Palmer said while criminal sanctions remain for personal drug use, it would be impossible to provide the necessary level of health and safety services to people with drug issues.

Former AFP commissioner turned drug reform advocate Mick Palmer.Credit: Louie Douvis

"Diversion and reducing penalties are harm-reduction measures that are important steps forward, but until we see more ambitious measures, including the removal of criminal sanctions for personal use, we will not be able to get drug deaths under control," said Mr Palmer, who is also a spokesman for the Take Control campaign.

"Many of these deaths, which rock communities and devastate families, are young people who were simply too scared to get help.

"Unless we get rid of criminal sanctions for personal use, there will always be a dangerous barrier to seeking help."

Queensland Council for Civil Liberties president Michael Cope said he was disappointed the government had rejected the recommendation to decriminalise.

"Despite this clear evidence, the Queensland government has chosen to carry on regardless with its failed policy.

"The Productivity Commission found that all available evidence suggests the policy of minimising harms from illicit drugs by criminalisation has not been effective."

Drug Free Australia director Jo Baxter applauded the government's decision to keep cannabis and MDMA on the criminal code.

"The effect of their remaining within the criminal code sends a clear deterrent message and provides a much-needed safety barrier to protect people who may be considering using such dangerous and unpredictable substances," she said.