The ACT has today decriminalised small amounts of some illicit drugs. But what does that mean? - ABC News

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The ACT has today become the first Australian jurisdiction to decriminalise small amounts of illicit drugs such as cocaine, heroin, ice and MDMA.

The controversial drug bill was introduced to the ACT Legislative Assembly in early 2021 — about one year after the ACT legalised personal use amounts of cannabis.

The laws attracted their fair share of opposition, including from the ACT's top cop who slammed the proposal but promised to help implement them.

There was even a failed attempt to quash the change in federal parliament.

But today the legislation took effect, with the ACT government describing it as a "health-based approach to drug use".

Does that mean drugs are legal in Canberra? No

Possessing small amounts of illicit drugs remains illegal in Canberra.(Flickr: Dominic Milton Trott)

Don't get it twisted.

Drug decriminalisation does not mean hard drugs are legal.

The change instead means people caught with small amounts of illicit drugs will attract a fine or be pointed towards drug counselling, rather than be handed a criminal penalty.

It's been likened to a speeding fine: minor speeding is an illegal activity, but you will generally only get a fine — not a criminal charge — if you are caught.

From the outset, the government has said the intention of the laws is to keep low-level drug users or those with addictions out of the criminal justice system and direct them towards support services.

Leading harm-minimisation advocate Chris Gough had this to say:

"[It shows] society hasn't given up on them, but instead, is understanding and supports them to do better."

What is a small amount?

Well, it depends on the drug.

The list of decriminalised drugs includes those used recreationally, such as magic mushrooms and LSD, as well as those associated with the worst social harms: heroin, cocaine and ice.

The amount considered to be for "personal use" depends on which drug someone is caught with.

What will happen when a person is caught?

That is determined by the amount of drugs (see the above table).

But the government has insisted the laws will not make it easier to deal or traffic drugs.

In fact, the ACT government said the changes would free up police resources to better target big fish.

From today, if police find people with smaller amounts of illicit drugs they will have the option to issue a caution, a $100 fine or refer them to a drug-diversion program.

Either way, police will confiscate the drugs.

And if officers catch someone drug driving, they can expect no leniency.

It remains illegal for a person to drive with any amount of an illicit substance in their system.

The ACT's Chief Police Officer, Neil Gaughan, said Canberrans should expect more drug testing to ward off drug driving now that the laws are in effect.

"It's not a free-for-all, and there are still consequences for people's actions," he said.

The new laws have been widely viewed as yet another piece of progressive policy in the nation's capital. 

But, just like every other government in Australia, ACT leaders have said they would much prefer no one took any illicit drugs — ever.

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https://news.google.com/rss/articles/CBMiYWh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIzLTEwLTI4L2NhbmJlcnJhLWRydWctZGVjcmltaW5hbGlzYXRpb24tbGF3cy1iZWdpbi10b2RheS8xMDMwMzIxMjjSAShodHRwczovL2FtcC5hYmMubmV0LmF1L2FydGljbGUvMTAzMDMyMTI4?oc=5

2023-10-27 20:56:46Z
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