In early 2021, I introduced the Drugs of Dependence (Personal Use) Amendment Bill to the ACT Legislative Assembly. On 20 October 2022, the Bill was passed.

The Drugs of Dependence (Personal Use) Amendment Bill 2021 decriminalised the possession of small quantities of common illicit drugs.

The Bill amended the Drugs of Dependence 1989 Act to expand the list of common illicit drugs included in the ‘simple cannabis offence notice’ scheme. This offers police an alternative to charging individuals with a criminal offence for personal possession. As a result, if someone is caught in possession of a small quantity of drugs they will be issued a fine and have the drugs confiscated. Instead of receiving a criminal conviction the person will be directed to a relevant medical or education service. The Bill also changed the name of the scheme to better reflect its new scope as a ‘simple drug offence notice’. 

Once it comes into effect in 12 months’ time, the Bill will reduce the number of people that use drugs proceeding through the criminal justice system. Instead of facing criminal charges, those who are found in possession of a small quantity of common illicit drugs will have the substance confiscated by law enforcement and receive a fine or be diverted to an appropriate health service.

It’s important to note that the Bill did not change current penalties for possession above the new decriminalised thresholds. It also didn’t change current penalties for supply, trafficking, driving under the influence of drugs and manufacture. These offences remain criminal offences.

It’s clear that the “just say no” approach hasn’t stopped people from using drugs and it has hindered our ability to provide appropriate harm reduction measures. Drug use is a public health issue and I’m glad we are finally treating it like one.   

Timeline of Drugs of Dependence (Personal Use) Amendment Bill 2021:

• December 2020 - Exposure draft released;
• February 2021 - Bill is introduced to the Assembly;
• February 2021 - Select Committee is established to inquire into the Bill;
• September 2021 - Select Committee reporting date is extended;
• November 2021 - Select Committee hands down its report;
• June 2022 - ACT Government response to the committee report is tabled;
• August 2022 - Debate on the Bill recommences;
• October 2022 - Final debate concludes and Bill passes.