Andrews government rules out ‘evidence-based’ push to decriminalise drug use

Victorians will continue to receive criminal convictions for minor drug offences after the government and opposition ruled out supporting a proposed law to decriminalise illicit drugs.

Reason Party MP Fiona Patten will introduce the harm minimisation bill next week, intending to end the war on drugs in Victoria by diverting users or possessors to education and treatment programs instead of the criminal justice system.

Victorian Treasurer Tim Pallas.Credit: Joe Armao

But the bill – which Ms Patten says is underpinned by evidence from the UN, World Health Organisation and Royal Australian College of Physicians – will be voted down because the major parties remain committed to outlawing drug use.

“Our position is we have no plans to decriminalise,” Treasurer Tim Pallas said on Friday. “It is clear that we do have in place diversion programs for the possession of small quantities of drugs. We’ve spent a lot of time going after those who manufacture and market in volume ... illegal drugs.”

Labor has established controversial safe injecting rooms but remains sensitive to a tough-on-crime scare campaign from the Coalition, whose spokesman for police and community safety, Brad Battin, criticised the proposed law.

“Decriminalising dangerous drugs sends the wrong message and won’t help Victoria recover and rebuild,” he said in a statement. “Victorians need a government focused on fixing our healthcare crisis, keeping our kids in school, small businesses open and getting our state back on track.”

Ms Patten, who has led campaigns on other social reforms including euthanasia and sex work decriminalisation, said the 50-year war on drugs was “one of the most disastrous public policy failures in modern history” that destroyed drug users’ lives, wasted public money on jailing people and created a black market for organised criminals.

Under her private members bill, police will issue a mandatory notice to people believed to have used or possessed a drug of dependence to attend a treatment or education program. If they agree to attend, they will not be found guilty and avoid a criminal conviction.

Ms Patten said about 95 per cent of drug arrests in Victoria related to private consumers, not drug dealers, who would still face criminal penalties under her framework. An average of 72 Victorians are charged for drug use or possession each day, she said.

“Prohibition is being replaced with successful harm-minimisation approaches the world over,” she said in a statement.

“Change here in Victoria and throughout Australia is inevitable. Victoria Police supports treatment-based responses, rightly describing drug problems as ‘first and foremost health issues.’ But the existing law ties up extensive police resources dealing with something that police acknowledge is a health issue, not a criminal one.”

Police Association secretary Wayne Gatt said existing law enforcement efforts included a dedicated approach to diversion.

“Police for many years have been issuing cautions and diverting people into treatment programs,” he said.

Ms Patten led a Parliamentary inquiry into marijuana policy last year. The draft report was set to recommend legalising cannabis, but the wording was watered down at the last minute by the Labor MPs who controlled the committee. It ended up calling on the government to “investigate the impacts of legalising cannabis for adult personal use in Victoria” and the government is due to respond to the report this month.

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