Creating a fairer drug policy in Victoria

Decriminalisation of drugs will aid in recognising drug use as a health issue and minimise the harmful stigma associated with its users.
Drug-Harm-Minimisation-Bill
Illustration by: Tariq Khan

In Victoria, the use and possession of drugs in small quantities continues to be deemed as a criminal offence. Politicians must understand the rationale behind decriminalisation of drug use is to transform drug use from a morally stigmatised issue to a health concern.  

Reason Party MP Fiona Patten introduced a harm minimisation bill last Wednesday to the Victorian Parliament. In her speech, she highlights the need to move towards the treatment of drug use and possession as a health issue, not a criminal one. Condemning the policy of war on drugs as “one of the most disastrous public policy failures in modern history”, she calls out for a reformed drug decriminalisation system carrying key elements based on education and treatment programs.   

Ms Patten stated, “My Bill will achieve this (harm minimisation) by one simple mechanism – instead of issuing a criminal charge, police will issue a ‘drug education or treatment notice’ that will send people to support for their drug issue, rather than sending them to court.” 

Mark is a 23-year-old Victorian resident pursuing his bachelor’s degree in engineering and works as a coffee barista in a café located in Melbourne CBD. In 2019, he was kicked out of home when he had a run-in with the cops for drug possession but was handed a first-time cautionary notice and a small penalty fee.  

Fast forward to now, Mark is invited to one of his mate’s birthday parties in the city. He had a car, so he offers to drive Sam, one of his friends to the birthday venue. Little did Mark know that he was driving into a drug deal. Sam was packing close to about 50gms of cannabis into well-concealed bags when Mark walks into his apartment. On seeing cannabis buds on the table, Mark becomes hesitant but refrains from saying anything as he didn’t want to be judged by others in the apartment. The group decides to smoke a joint. Under peer pressure, Mark takes a few puffs and passes it on.  

Once everything was packed, Mark and Sam left for the birthday venue. As the destination was nearing, Mark felt a pit in his stomach. He could see the red and blue lights flashing in his rear-view mirror and hear the police car sirens going off.  

Of drug arrests in Victoria, 93.5% are consumer arrests, as compared to 6.5% provider arrests. Of the 32,860 drug arrests in Victoria last year, 26,195, or just 80 per cent, were for drug use or possession only.

Additionally, only 13% of people who were discharged from prison in Australia reported accessing AOD treatment while in prison.  

The areas of benefits of decriminalisation of drugs are two-sided. It benefits the society in which the system exists as well as the individual found in possession of the drug. Removing criminal penalties for drug possession will help Victoria to: 

  • Save financial resources by reducing jail costs 
  • Better allocate and focus enforcement resources to the right people in need  
  • Support Victorian’s mental and physical health over outdated enforcement of law 
  • Be more inclusive and accepting of people from different walks of life by removing the stigma associated with drug use 

Formulating a reformed system rooted in evidence-based research, harm reduction and culturally relevant treatment will help Victoria spearhead into becoming a better economic, social, and inclusive State.  

We call on Victorian politicians to examine the benefits of decriminalisation of drugs, instead of enforcing harsh and unfair criminal policies.  

To know more about our work in the field of drugs and law reforms, visit here.

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