Australian Capital Territory Decriminalizes Small Amounts of Drugs Including Heroin, Cocaine

The social experiment of decriminalizing drugs and providing a health-based program instead of locking up drug users is taking hold in Australia’s capital.

The Australian Capital Territory (ACT)—home of capital city Canberra—passed legislation on October 20 to decriminalize small amounts of drugs, according to an announcement. It’s the first jurisdiction to do so in Australia.

The Drugs of Dependence (Personal Possession) Amendment Bill 2022, introduced by MP Michael Pettersson of the Labor party, decriminalizes just very small amounts of drugs. Punishments will be reduced to warnings, small fines, or a drug diversion program.

The bill was approved in a 13-6 vote. There will be a 12-month transition period beginning in October 2023.

“From late October 2023, the possession of small amounts of certain illicit drugs will be decriminalised,” the announcement reads. “This means people will no longer be exposed to potential prison sentences and instead may be issued a $100 fine or referred to an illicit drug diversion program. If the matter proceeds to court, the person will face a maximum $160 fine, reduced from 50 penalty units and/or two years in prison.

“This reform will reduce the stigma and fear for people who are using drugs to access health services,” the announcement continues. “By diverting people to a drug diversion program, people who use drugs will be offered the health services and support they need while providing a pathway away from the criminal justice system.”

That means Canberrans will no longer face potential prison sentences and instead will be given a slap on the wrist: either only a caution, an AU$100 fine (about $63 USD), or they will get referred to an illicit drug diversion program.

Over the next 12 months, the government will begin to implement oversight arrangements, deliver training to frontline workers like police, and develop public communications with police, the alcohol and drug sector, academic experts, and people with lived experience.

Maximum limits apply specifically to different drugs: Cocaine at 1.5 grams, heroin at 2 grams, MDMA at 3 grams, methamphetamine at 1.5 grams, amphetamine at 2 grams, psilocybin at 2 grams, lysergic acid at 2 milligrams, and finally LSD at 2 milligrams.

ACT officials who supported the bill believe a more health-focused approach to addiction is more effective than locking them up.

“The ACT has led the nation with a progressive approach to reducing the harm caused by illicit drugs with a focus on diversion, access to treatment and rehabilitation and reducing the stigma attached to drug use,” ACT Health Minister Rachel Stephen-Smith said. “This sensible reform is based on the expert advice that a health-focused, harm-reduction approach delivers the best outcome for people using drugs.”

The Guardian reports that the deputy leader of the Canberra Liberals, Jeremy Hanson, slammed the law, calling it “radical.” 

“It wasn’t taken to the community. It’s going to lead to more crime. It’s going to lead to more carnage on our roads,” he told ABC. “It’s not going to change the number of people going into the criminal justice system, and it’s not going to fix the problem that we have now, which is not enough people being able to access treatment.”

Pettersson said that people who use meth are often the ones who are actually in the most need of assistance from health services.

“People that use recreational drugs are taking a risk, and certain drugs cause more harm than others,” he said. “If people are using a substance like methamphetamine, we need to make sure that we do not continue to criminalise them and make it even easier for them to come forward and access the support that they might need.”

In the ACT, weed has been decriminalized already for nearly 30 years.

In America’s capital Washington, D.C., psilocybin, ayahuasca, and mescaline are decriminalized, and efforts to decriminalize all drugs are ongoing.