Explainer: Can Decriminalising Drugs Help Reduce Harm?

The ACT Government is seeking public input on legislation that would decriminalise the possession of small quantities of all illicit drugs.

Labor backbencher Michael Pettersson, who introduced the private members bill in February this year, says the legislation aims to bring drug laws into line with current community standards by expanding on the legislation that decriminalised personal cannabis use almost 30 years ago.

Neither the Canberra Liberals or the ACT Labor Party have endorsed the bill, but both have welcomed the discussion over drug policy.

According to public health expert at the University of Canberra and former independent ACT Health Minister, Dr Michael Moore, the decriminalisation of cannabis during his tenure was a successful step in drug harm reduction across the territory.

“The fear that this might increase use is completely unfounded. When it was decriminalised, there was no measurable increase in use, however we did see a significant decrease in harm.”

The explanatory statement for the bill outlines harm minimisation as the goal. This includes decreasing drug related deaths, improving access to health services, minimising the involvement of the criminal justice system, and reducing overall drug use.

Does decriminalisation work?

Drug decriminalisation legislation has been introduced across the world, most notably in Portugal.

Dr Moore says that the policy in Portugal is a prime example of how decriminalisation can be effective.

“I think the best example is in Portugal, where not just cannabis but across the spectrum they decriminalised the personal use of drugs and put a lot of their policing money across into treatment, and that’s where they saw a remarkable reduction in harm but also a remarkable reduction in use.”

Since the introduction of the legislation in 2001, drug deaths have decreased in Portugal, staying lower than the death rate across the European Union.

Decriminalisation in the ACT

In 1992, the ACT was the first jurisdiction in Australia to decriminalise personal use of cannabis.

Following the decriminalisation of small amounts of cannabis, the ACT has recorded a steady decline in cannabis use, reaching a rate below the Australian average in 2007.

“I think people are always worried when another step is taken in drug decriminalisation or legalisation, that it will increase use,” said Dr Moore. “Interestingly, that doesn’t seem to be the case. Whenever we have loosened the laws around drugs we have not seen that increase in use, but we have always seen a decrease in harm.”

On top of the decriminalisation of small amounts of illicit drugs, the ACT Government is considering other harm reduction measures. A recent report by the Burnet Institute recommended a safe injecting room be established in Canberra, a facility that Dr Moore says should be accessible to the whole community.

“I would also like to see a written report on a safe injecting room within the Alexander Maconochie Centre. Remember that prisoners are in prison with a sense of deprivation of liberty. We should be protecting their health, and our international treaties say that they should have the same level of healthcare as anyone in our community.”

You can have your say on the Drugs of Dependence (Personal Use) Amendment Bill 2021 via the Legislative Assembly website.