Last month, the American state of Oregon, once held up as a model of drug reform, reintroduced criminal penalties for drug possession, ending three years of drug decriminalisation. That, Canberra Liberals MLA James Milligan, Shadow Minister for Police and Emergency Services, argues, is a lesson for the ACT government, which decriminalised the possession of hard drugs last year.
As the ACT did in October, Oregon in 2020 removed criminal penalties for the possession of small amounts of drugs (including cocaine, fentanyl, heroin, LSD, and methamphetamine), and instead took a health-based approach to drugs, focusing on reducing harm: people found in possession of drugs would be subject to a civil citation and a $100 fine, which could be waived if the person agreed to a health assessment. It was, The Atlantic said, “America’s most radical experiment with drug decriminalisation”.
But three years after the policy was implemented in February 21, 64 per cent of Oregonians wanted the policy repealed. ABC News (US) and The New York Times reported that opioid overdose deaths increased by 166 per cent between 2019 and 2021, and by a further 42 per cent between 2022 and 2023; shooting incidents by 217 per cent; and homelessness by 29 per cent. Despite 7,600 drug violations, only 200 calls were made to the treatment phoneline. Oregon’s “progressive and libertarian policy obsession”, the NYT said last year, was “a public policy fiasco”. Proponents suggest that the policy was not given time to work, or that the state needed more services and facilities (a concern raised by several organisations here).
“The experience in Oregon is salutary,” Mr Milligan said. “In the space of four years, their soft on drugs policy has been a complete and utter disaster. The policy caused drug paraphernalia and used syringes to litter the streets and parks. Oregon has seen an increases in crime, homelessness, public defecation, and worst of all, huge increases in drug-related deaths.”
The Canberra Liberals fear that the ACT’s similar drug policy could also result in disaster here, and have committed to reverse the controversial drug decriminalisation legislation should they win October’s election, “to save lives and keep our community safe,” Mr Milligan said.
The ACT’s Drugs of Dependence (Personal Use) Amendment Act, which passed the Legislative Assembly in 2022 and came into effect last October, states that those caught in possession of small amounts of illicit drugs might pay a Simple Drug Offence Notice fine of $100 or attend an assessment and harm reduction session, rather than face a two-year prison sentence.
The government says their policy will make it easier for drug users to access health support.
“Drug use is a health issue, not a criminal one,” Emma Davidson, ACT Minister for Population Health, said. “People will do drugs whether it is criminalised or not. That’s why the ACT Government’s approach is to provide health services for people who are dependent on drugs so they can get help to make healthier and safer choices.”
Drug decriminalisation, Ms Davidson said, builds on the ACT’s nation-leading drug policy and support services, such as a fixed pill testing site, needle and syringe programs, and the decriminalisation of cannabis and small amounts of commonly used illicit drugs from 2020.
“Having these services available before certain substances were decriminalised placed us in a good position to provide people with the health support they need,” Ms Davidson said.
“Importantly, decriminalisation means people aren’t stigmatised and more likely to seek help. We have seen first-hand that people in Canberra check their substances, and that many choose to discard at the testing clinic once they learn what is in it. We’ve seen people have open and honest conversations with health services when they have been found with drugs in their personal possession. This saves lives and improves the health and safety of both the individual and Canberra.”
But the Canberra Liberals maintain that the government disingenuously hid their plans to decriminalise meth and other drugs from the people of the ACT; introduced the reform as a private member’s bill to avoid scrutiny; and ignored the concerns of the police, the Australian Border Force, frontline health providers, and ex-drug users that decriminalisation would make drugs more available, encourage drug use, and increase crime rates.
An ACT Policing spokesperson this week, however, said that the new arrangements “indicate an increase in opportunities … to reduce drug-related harms”, pointing to 116 seizures between 28 October 2023 and 31 March of small quantities of drugs where the possessor was eligible for diversion to health programs. (In the 2022-23 financial year, ACT Policing made 174 referrals to the Early Intervention and Drug Diversion Program.)
Of those 116 incidents, 75 people attended a drug diversion session, and 41 have not. (Eleven are recent referrals who have consented to drug diversion and are awaiting outcomes of compliance for drug diversion.)
Six of the 41 have been issued Simple Drug Offence Notices and fined $100. Seven have not consented to drug diversion. 17 consented to, but did not complete, a drug diversion. Those 24 people may be fined, if they test positive for an eligible drug; if they test positive for a drug that is not eligible for an SDON, they may be cautioned or charged.
Mr Milligan, however, believes that fining drug users for not attending a drug diversion session is “a very soft-on-drugs approach”.
He is also concerned that 450 members of the Rebels outlaw motorcycle gang met in Canberra on the weekend of 23-24 March; on that occasion, Mr Milligan remarked, two further drug arrests were made.
“You might ask why the Labor-Greens government are pushing ahead with such a policy despite global evidence that it can potentially be enough for an overdose or … death,” Mr Milligan said.
“During the Select Committee public hearings into the Bill (held in July 2021), Canberrans heard harrowing stories from the families of drug users. Some of whom had suffered for over 10 years with members of their families who were addicted to drugs. They spoke of the ripple effect for families, friends, and the community. And they understood, there is no such thing as a little bit of drugs. These drugs are addictive, they are hard core, and once addicted, it is very difficult to get off them.
“The Canberra Liberals have stood with these families. The Canberra Liberals called for the recriminalisation of drugs of dependence, and I stand by that. As a strong Liberal, I believe strong drug regulation is crucial because drug usage hurts the users and the community alike. And, as was mentioned by the families in the evidence to the Select Committee, by being tougher on drug users at the start of their usage, we are caring, because as evidence shows, it prevents them from potentially overdosing. That’s the simple fact.”
Ms Davidson, however, said: “The Canberra Liberals continue to hold a conservative approach to health which will only make more people unwell and turn Canberra into a less safe place to live.”
The Alcohol Tobacco and Other Drug Association ACT (ATODA) had welcomed the introduction of drug decriminalisation in the ACT. “We have always maintained that decriminalisation is key to a harm reduction approach to drug use – enabling a health as opposed to a criminal response,” CEO Anita Mills said.
It was too soon to evaluate the policy’s success, Ms Mills thought. “As it is only approximately six months since the drug law reforms came into effect, it is difficult to ascertain full systemic and societal impacts at this early stage,” she said.
Both ATODA and ACT Policing advocated for the impacts of the drug decriminalisation reforms in the ACT to be evaluated, and, the police said, for changes in the illicit drug market.
“Our operational focus remains on targeting those who seek to profit from drug trafficking and criminality driven by drug use, not drug possession offences,” a police spokesperson said.
ACT Policing also advocated for health-supports to be available 24/7 to respond to community needs.
