The ACT has decriminalised small amounts of illicit drugs, including cocaine, ecstasy (MDMA), ice, heroin, LSD and amphetamines.

Practically, what that means is people who are caught with small amounts of nine different types of illicit drugs will not be criminally prosecuted. Instead, the drugs will be confiscated, the possessor issued a fine of $100, or be referred to a drug diversion program. Prior to the decriminalisation, it was an offence to be in possession of drug of dependence or prohibited substance and the maximum penalty for drug possession was a fine of $8,000, and/or 2 years imprisonment.

The possession limit for cocaine, amphetamine and ice is 1.5 grams. The limit for ecstasy is 1.5 grams or five doses and there is also a five-dose limit for LSD. The limit for heroin is 1 gram. Importantly, only drug possession is decriminalised, that means it is still an offence to supply drugs.

The ACT has previously passed laws to legalise the possession of weed. The possession limits for that is 50 grams of dried cannabis and 150 grams of harvested cannabis.

The ACT government implemented the changes to prioritise a health-focused response to illicit drug personal possession and increase diversion away from the criminal justice system.

What is decriminalisation?

Decriminalisation of drug use/possession is not the same as legalisation. Under decriminalisation, there is no legal means to obtain drugs for personal use (if a person carrying drugs for their own use is apprehended by police, the drugs will be confiscated). The key feature of decriminalisation is that drug use does not carry a criminal record, and this is a significant benefit to society. Along a spectrum, decriminalisation sits between full prohibition (criminal penalties for all drug use that are applied in practice) and legalisation (drug use is legal).

What are the benefits?

It is abundantly clear that the outright prohibition model of drug policy does not work, as drug use is prevalent across Australia and within the ACT. There is good evidence from drug law reform around the world that a harm minimisation approach delivers better outcomes both for individuals and communities.

The changes will inevitably prioritise health and safety over punishment for people who use drugs, reduce the stigma associated with drug use so that problematic drug users are encouraged to seek treatment and other support and remove barriers to evidence-based harm reduction practices such as drug checking, heroin-assisted treatment, and medical marijuana. The ACT have already implemented Australia’s first fixed-site health and drug checking service, which is consistent with the ACT’s progressive approach in reducing drug related harms.

If you need advice regarding a drug charge, contact one of our highly experienced criminal lawyers at info@codalaw.com.au