THE Canberra Liberals fear the ACT could see an increase in crime, addiction and road trauma if a Bill to decriminalise small amounts of illicit drugs is passed.

The Opposition is asking Canberrans to sign an online petition in a last-ditch effort to stop the Bill which looks likely to come into law after being backed by the Labor/Greens coalition.

“The harm these drugs can cause can hardly be overstated,” said Deputy Opposition Leader Jeremy Hanson, a vocal opponent of the proposed legislation since it was first tabled in the Assembly in February 2021 by Labor MLA Michael Pettersson. 

“Concerns about the impact of these laws have been raised by many groups who work on the front lines. Drug treatment services are already overstretched and inadequately resourced and staffed.”

The Bill would see Canberrans able to carry “personal possessions” of drugs that could include up to two grams of cocaine, ice and heroin, up to 0.5 gm of ecstasy, or up to 0.002 gm of LSD.

It proposes the introduction of a “simple drug offence notice” (SDON), where those caught with drugs could be fined $100 or referred to a medical professional, rather than face the justice system.

A government inquiry last month expressed support for the laws, though with a recommendation that alternatives to the fine be investigated due to the strain it could put on disadvantaged people. It also recommended clarification of the size of “personal possessions”.

If passed, the ACT would be the first jurisdiction in Australia to introduce such laws.

Health Minister Rachel Stephen-Smith is one of the Bill’s key supporters, saying that harm reduction “will be front and centre” of the change.

“We know from research and evidence around the world that criminalising drug users does not reduce drug use and that treating drug addiction as a health issue improves outcomes for everyone in the community,” said Ms Stephen-Smith.

The government says that a survey of 779 people last year found that Canberrans are “overwhelmingly” in favour of decriminalisation, with results showing only one in 10 people supported imprisonment for drug possession offences.

But others have been more critical of the Bill, including Australian Federal Police Commissioner Reece Kershaw.

“I don’t think there’s ever a safe level when it comes to those particular drugs,” he said.

“It’s a causal factor of domestic violence. Also, you’re talking about a lot of traffic accidents where, sadly, people lose their lives. You’ll find that there’s a drug involved now more and more in some of the states.”

ACT Policing has also raised concerns the laws could lead to inadvertent trafficking, saying more research was needed on the proposed possession thresholds.

“Such research could confirm the ‘average dosage/usage amount’ for each substance and ensure that the specified amount is therefore achieving a harm minimisation approach, rather than potentially enabling drug trafficking and supply,” an ACT Policing submission to the inquiry reads.

“ACT Policing remains highly concerned that the threshold limits for both heroin and methamphetamine (ice) are far above the regular personal use limits (2 grams) and should be revised down appropriately.”

Stephen-Smith has since said the Bill will “ensure that discretion for ACT Policing is retained and that diversion is legislated and put on an equal footing with the SDON.”

In contrast, many other organisations have praised the government for moving forward with the proposal.

The ACT Council of Social Services (ACTCOSS) says that if done right, the Bill represents a “unique opportunity for the ACT”.

“Moving toward decriminalising a range of drugs for personal use will have enormous positive impact, especially for some of the most disadvantaged and marginalised people in the Territory,” said ACTCOSS deputy CEO Adam Poulter.

“The evidence internationally and domestically has been telling us that decriminalisation yields better health and social outcomes for people who use drugs, as well as their friends, families and carers and the broader community.”

Other organisations remain sceptical.

The ACT Law Society said the Bill will have “minimal effect on driving drug users from the criminal justice system”, saying more medical consultation is required.

“Having regard also to the recent tragic experience in the territory of fatal overdoses in cases of self-administration of much less than two grams of heroin, for example, we caution against such a radical change to the law without a further comprehensive risk assessment,” the Society’s submission to the inquiry reads.

The Pharmacy Guild of Australia (ACT Branch) also raised concerns, saying that “decriminalisation of dangerous drugs may increase use and therefore increase the presentation of people at treatment centres and pharmacies, and increase the burden on the Territory’s resources”.