Belco Party leader Bill Stefaniak argued this week that police should be formally given the discretion to direct drug users to rehab, without the need to decriminalise possession – as the ACT Government is considering.

In February, Labor MLA Michael Pettersson introduced a bill to amend the Drugs of Dependence Act 1989, and treat drug use as a health problem, not a criminal issue. At the moment, people found in possession of drugs can be fined 50 penalty units and sent to prison for two years.

If Mr Pettersson’s bill goes ahead, rather than going to prison, people found in possession of small quantities of drugs would be fined and referred to a medical professional. His proposal, he explains, is “a very tightly defined and small change” building on the Simple Cannabis Offence Notice the ACT introduced to decriminalise possession in the 1990s.

Mr Pettersson’s motion has been supported by drugs peak bodies, welfare organisations, and churches, among others.

Mr Stefaniak, however, has been an outspoken opponent of the bill; he believes the Pettersson proposal would encourage more people to use drugs, and put more money in the pockets of drug dealers.

“The bill is not a ‘reform’ measure, as it has the potential to kill more people than those who now die of drug-related issues – overdoses, violence, suicide,” he said.

“With the Taliban taking over in Afghanistan, the heroin trade will pick up, and if this bill gets through, it will be a red light to heroin traffickers to come to the ACT because of our lax laws. The Taliban will be a big winner out of Mr Pettersson’s bill.”

He believes instead that a clause should be inserted giving police formal discretion to issue a notice to direct the offender to an approved drug rehabilitation program in lieu of attending court. The only time a user would be penalised is if they did not obey the written direction to go to rehab.

His suggestion, he said, removes the main rationale (“misguided as it is”) for the bill: “The stigma of going to jail – which does not happen in reality, at any rate”.

“If the local Labor/Green government are fair dinkum in wanting to stop people being prosecuted and going to jail (not that anyone does) for possession of a small quantity of hard drugs, then all they need to do is make a few small amendments to the current Act,” Mr Stefaniak said.

“The aims of the proposed legislation are thus achieved (decriminalising possession of drugs for personal use), and what usually happens in real life is legislated formally to make clear the government’s intent.”

Mr Pettersson welcomed Mr Stefaniak’s input. “It’s good to see Bill Stefaniak try to engage with this debate constructively. I appreciate that.”

ACT Policing already has a policy to divert people apprehended for minor drug possession offences to the health system, rather than charging them, Mr Pettersson noted.

“At its core, that is a very good thing,” he said. “But not everybody does get offered drug diversions, though. People are still proceeding through the criminal justice system for small amounts of drugs for their own personal possession.”

Police can determine whether it is in the public interest to charge a user. Moreover, police have the discretion to pursue people found in possession of small amounts of any drug either through the ACT legal framework (as a minor offence) or through the Commonwealth legal framework (as a criminal offence).

Guidance from the ACT Police Minister has been to pursue drug possession under the ACT’s Simple Cannabis Offence Notice, and not to pursue Commonwealth law – but the possibility remains.

Mr Pettersson said his proposal to decriminalise drugs would create another pathway for police to pursue.

“What we as a society and as a city need to do is holistically address the harm that drugs are causing. That means updating our drug diversion criteria to make them more inclusive, and remove some of the elements of that scheme that seek to punish people.

“I would also say holistically we need to spend more money on drug and alcohol services in this city,” Mr Pettersson said. “Taking the threat of prison off the table and committing to treating this as a health problem is an essential part of that.”     

Bill Stefaniak also believes that clauses should be added to cover rehabilitation programs and to legislate for a compulsory education campaign about the dangers of hard drugs.

“Currently, there is nothing in the proposed legislation about rehab programs or any education campaigns,” he said.

“The local ALP/Green government, with its new fine of $301 for going more than 40 kph through Civic, is sending the message that going 46 kph in the Civic 40 kph zone is three times more serious than possessing 20 hits of ice that can send the average person on a three-day bender wreaking untold destruction and havoc on innocent people. Spare me!”

Mr Pettersson emphasised that there was nothing “currently” in the proposed legislation about rehab programs or education campaigns.

“These are both good ideas, though, and should be taken up wholeheartedly by the ACT Government through relevant channels,” he said.

“A wider call for doing more to educate people about the harm that drugs do is a very good one, one that I support. What form that takes needs to be informed by the experts.”

He explained that the Legislative Assembly would not pass a law that the government must spend money on a drug education program, but the executive government would facilitate such a campaign.

“We can call for it in our words, but you wouldn’t make it a law.”

A YourSay Community Panel survey (March 2021) revealed that ACT residents tend more towards education and treatment over punitive measures. Around two in 10 Canberrans suggest no action or a caution only for personal possession of hallucinogens, ecstasy, and cocaine, while education and treatment feature more strongly as a course of action for other substances.

“Overwhelmingly, people do not want to see people go to jail for personal drug possession,” Mr Petersson said.

“It’s a minute percent of the population that thinks that would be an appropriate response. Overwhelmingly, people want to see people caught in possession of drugs directed to relevant and health education services, warned, or issued a fine.”

The committee inquiring into the issue finished their public hearings last month; their report will come out soon, Mr Pettersson said. He expects it will raise issues about quantity and substances of drugs; how drug and alcohol services are integrated in Canberra; and how the current drug diversion scheme could be changed.

“When this matter comes back before the Assembly, it will be a good debate. Canberra will be well served by their electoral representatives of all colours.”

“The committee would be well advised to take note of my suggested win-win amendment,” Mr Stefaniak said. “However, I do not hold out much hope for common sense to prevail. Pigs fly.”

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