Labor MLA Michael Pettersson’s bill to amend the ACT drug laws should be passed, a Legislative Assembly committee recommended today – but the Canberra Liberals (including committee chair Peter Cain MLA) dissented, saying they cannot support the bill as it stands.
Mr Pettersson introduced his Drugs of Dependence (Personal Use) Amendment Bill 2021 to decriminalise possession of small amounts of hard drugs in February, arguing that drug use should be treated as a health issue, not a criminal one. If his bill passes, those caught in possession would pay a fine and be referred to a medical professional, rather than facing a two-year prison sentence.
- Pettersson introduces drug reform bill to the Assembly
- Pettersson: Hard drug use a public health, not criminal justice, issue (December 2020)
“We are one step closer to drug decriminalisation in the ACT,” the MLA wrote on Facebook.
Mr Pettersson said he was pleased the Select Committee had recommended the Assembly support his bill.
The ACT Government must formally respond to the select committee’s recommendations before the bill can be debated by the Assembly, he said. He expected the ACT Government will respond early in the new year, and the Assembly debate it soon after.
“It’s time for Canberra to have a sensible conversation about our drug laws,” Mr Pettersson said.
Committee’s recommendations
The Select Committee on the Bill – comprising Mr Cain, Labor MLA Dr Marisa Paterson as Deputy Chair, and Greens MLA Johnathan Davis – tabled its report this morning.
They recommended that the ACT Government commission an independent evaluation of the bill; include a ‘catch-all’ clause to capture emerging drug trends; review drug possession limits to reflect patterns of consumption for personal use; and provide alternative options to a fine such as information sessions on drug harm reduction, peer support services, or drug treatment.
The report’s 17 recommendations included investing in alcohol and other drug services; funding an Aboriginal Community-controlled residential rehabilitation facility; investing in housing for drug users at risk of homelessness; providing counselling for children of drug users; implementing a school drug education program; reviewing drugs training for frontline health and emergency service workers; revising the ACT Drug Strategy Action Plan; and training ACT Police on transitioning to a decriminalisation model.
The Committee received nearly 60 submissions and heard from more than 50 witnesses, of whom 80 per cent supported a harm reduction approach to drugs, Mr Davis said.
“It is clear that the criminal justice system is not an effective or compassionate method for caring for people with substance use issues. We need a health response in which drug use is destigmatised and anyone who wants support can get it.”
The report claimed evidence to the inquiry overwhelmingly supported the bill, arguing that it would reduce harm and stigma, and increase the use of drug treatment services. The Alcohol Tobacco and Other Drugs Association (ATODA) and Uniting NSW / ACT again endorsed it, as did Directions Health Services, the ANU Drug Research Network, and the Canberra Alliance for Harm Minimisation and Advocacy.
- Church hails ACT drug decriminalisation bill as a breakthrough (February)
- Drugs peak body welcomes Pettersson’s decriminalisation bill (December 2020)
“I want to live in a community that views people experiencing drug dependency with compassion, and supports them to get whatever help they may need,” Dr Paterson said. “And this is exactly what the results of the survey that was conducted as part of this Inquiry found. Overwhelmingly, Canberrans want to see drug dependency treated as a public health issue rather than a criminal justice matter.”
However, in their submissions to the report, the ACT Law Society predicted the bill would have limited additional effect in diverting drug users away from the criminal justice system, while ACT Policing and the AF Association recommended a (staged) proportional approach; the new law might be impractical, since it was difficult to identify substances by the roadside. Former Canberra Liberals leader Bill Stefaniak also opposed the proposal, fearing it would encourage drug use.
Dr Paterson said she understood the concerns, but reassured the public: “I have never been involved with an Inquiry that has such a solid research evidence base. This is solid reform that has potential to reduce harm from drugs. There are decades of research evidence to back up this reform. Similar human rights and health focused reforms are occurring worldwide, and the overwhelming evidence is that decriminalisation does not increase drug use.”
Canberra Liberals cannot support Bill
Mr Cain, however, dissented. First, he argued, Mr Pettersson’s proposal was a simplistic approach to a complex problem. Drug policy required a whole-of-government evaluation and response; decriminalisation would put further pressure on under-resourced drug support and health sectors; criminalising behaviour was a genuine disincentive; the bill could lead to drug tourism in the ACT, and increased criminal activity by suppliers and distributors from interstate; and the bill would not change criminal activity, the only source for illicit drugs. Second, the situation in the ACT had some positive elements; ACT Policing already conducted a diversion program. Third, the bill conflicted with Commonwealth Law, which creates various drug offences, including for possession.
Mr Cain agreed with many of the other recommendations to provide drug and alcohol support for Canberrans who need it.
Now the report has been handed down, Canberra Liberals leader Elizabeth Lee takes carriage of the bill for her party.
“The Canberra Liberals cannot support the Drugs of Dependence Amendment Bill in its current form,” Ms Lee said.
“The private member’s bill fails to offer a whole-of-government approach to a very complex policy area, and does not address concerns about the lack of health support for those suffering from a drug addiction.
“The fact that such significant law reform was left to a Labor backbencher just shows that the Labor-Greens Government is not serious about considering drug addiction as a health issue.”
Thanking the committee members, Mr Pettersson said in the Legislative Assembly that the productive and worthwhile inquiry would benefit discourse on this important issue.
“Without fail, there is genuine community concern about the wellbeing of people that use drugs and the wider societal impact of these substances. This is an issue in which good people can have different views, and I am heartened that this debate has, for the most part, been void of scaremongering.”
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