This week marks a major shift in Australian Capital Territory drug policy, with the decriminalisation of small amounts of commonly used illicit drugs underway.
Amendments to drug laws in the nation's capital will now see people caught in possession of small amounts of illicit drugs receiving a $100 fine, as opposed to a prison sentence.
The ACT Government's new approach intends to reduce stigma and treat drug addiction primarily as a health issue, whilst reducing crime and improving community safety. The reform follows a similar direction to the Western Canadian province of British Columbia who earlier this year launched a three-year pilot program to stop prosecuting people for carrying small amounts of heroin, meth, ecstasy, or crack cocaine, as part of an effort to fight a drug overdose crisis.
As of this week people in Canberra caught in possession of illicit substances will also be referred to a diversionary program and receive drug counselling.
Chris Gough the Executive Director of Canberra Alliance for Harm Minimisation and Advocacy (CAHMA), said this new legislation is important for people who use drugs because it switches the focus from criminalisation to health and support.
"The ACT is signaling very clearly here that we are a progressive and forward thinking society and we expect people who have health issues to be treated with dignity and respect and not like criminals," he said.
The decriminalisation of illicit substances is not the only change eventuating in the ACT this week, as the Territory's government have also invested $8.4 million toward the drug and alcohol court with new changes to eligibility criteria, which will likely see more Drug and Alcohol Treatment Orders (DATO) and less prison sentences.
The ACT Attorney-General Shane Rattenbury said: "We know that it is better to treat drug and alcohol addiction as a health issue because it targets the heart of the problem, rather than simply the outcome. That leads to a reduction in re-offending and ultimately improves community safety."
"Diverting offenders towards treatment programs and away from prison also saves money," he said.
"An independent review by the Australian National University in 2022 found the court may have saved the Canberra community $14 million in avoided prison time. This is a welcome outcome as the ACT Government continues to provide criminal justice responses to address the causes of offending, and to reduce recidivism, through therapeutic drug and alcohol rehabilitation and intensive sentencing options."
Although the ACT's current incarceration rates of Indigenous adults and youth are significantly disproportionate, the ACT Government appears committed to implementing promising changes.
In line with the new drug reform changes, last month the ACT Minister for Health Rachel Stephen-Smith announced plans for a new Aboriginal and Torres Strait Islander residential rehabilitation service facility which will also be developed in partnership with Winnunga Nimmityjah Aboriginal Health and Community Services.
The 24-bed residential facility for Aboriginal and Torres Strait Islander Canberrans will promote rehabilitation and recovery in a culturally safe and inclusive environment and is centrally located so families can visit with greater ease.
ACT's Department of Justice and Community Safety have been approached for comment.
