Key Points
- The ACT has decriminalised small amounts of illicit drugs, and some experts say other jurisdictions should follow.
- What are the lessons Australia could learn from the legalisation of drugs elsewhere?
The ACT has become the first Australian jurisdiction to , and some experts say other states and territories should follow.
Nicole Lee, a Professor at the National Drug Research Institute at Curtin University, says Australia should look at cases overseas, where governments have decriminalised illicit drugs and follow suit.
She says we must move away from punishing drug users with criminal charges if we are serious about treating it as a health issue.
"In order to be able to provide treatment and to be able to provide education, we need to move as far away as possible from the criminal justice system, and that's what decriminalisation does — it diverts people away from the criminal justice system," she said.
"It allows us to provide other types of interventions for them."
Ms Lee says decriminalisation is the "first step" in drug law reform, and that Australia should look at other countries which have shown some success in reducing drug use.
Portugal
Portugal decriminalised illicit drug use and possession 21 years ago, and has since seen a reduction in consumption.
The Portuguese government employed João Castel-Branco Goulão, who worked as a doctor in Lisbon in the 1980s and 90s, with the task of tackling the country's crippling heroin epidemic.
Mr Goulão has estimated that around 100,000 people in Portugal, which is about 1 per cent of the population, were using heroin prior to decriminalisation.
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Portugal’s drug reforms 20 years on
Since Portugal decriminalised drugs the number of people using heroin dropped to around .
It now has one of the in Western Europe and drug use among young people is below the European average.
Ms Lee said Portugal's model focused on a transition to helping drug users recover and be safe rather than punish them.
"If you got caught with drugs, you were not charged or penalised, but you had to front up to a panel who would decide what you required in order to help you out," she said.
A drug user who identified himself as "Joao" exchanges used needles for new ones with Elio Lampreia, in Lisbon, Portugal. Mr Lampreia works in one of the 36 street teams of Portugal's Institute for Drugs and Drug Addiction that exchange used needles for new ones and try to direct drug addicts to treatment Source: AP / Armando Franca/AP
"What we've seen over the last 20 years is that drug use has either stabilised or come down, the crime rate has come down, and more people have gone into treatment."
Portland, United States
In November 2020, Oregon voters passed Measure 110, which decriminalised the possession for personal use of small amounts of all drugs, including cocaine, heroin, LSD, methamphetamine, and oxycodone.
Oregon is the only US state to have implemented this policy.
Ms Lee said Portland is an important case study because rates of drug use actually increased following decriminalisation.
She said it shows the necessity for matching decriminalisation with investment in drug education and prevention.
Since decriminalisation was passed, overdose deaths in Oregon hit an all-time high in 2021, at 1069 deaths, a 41 per cent increase from 2020.
Those figures may also have been affected by mental health factors caused by the pandemic.
Colorado, United States
Cannabis was decriminalised in Colorado in 1975 and has been legal for recreational use since 2012.
The annual number of visits by teenagers (13 to 21 years old) to emergency rooms involving a cannabis-related diagnostic code or positive for marijuana from a urine drug screen more than quadrupled during the decade (2005-2014) leading to the legalisation.
conducted between 2014 and 2016 alleged that adolescent abuse of marijuana fell to the lowest level it has been in years after legalisation.
Farm workers remove stems and leaves from newly-harvested marijuana plants, at Los Suenos Farms, America's largest legal open-air marijuana farm, in Avondale, southern Colorado. For the fall 2016 harvest, the farm's 36 acres are expected to yield five to six tons. Source: AP / Brennan Linsley/AP
The state government invests a portion of that revenue into
Netherlands
In the Netherlands, it is against the law to possess, sell or produce drugs.
However, the government tolerates the sale of soft drugs in so-called ‘coffee shops’.
The term 'coffee shop' is an establishment where cannabis is sold subject to certain strict conditions, but no alcoholic drinks are sold or consumed.
Cannabis has been available in coffee shops in the Netherlands since 1976.
A tourist smokes marijuana at a coffee shop called "de Dampkring" or "Atmosphere", in the centre of Amsterdam, Netherlands. Source: AP / PETER DEJONG/AP
That rate was higher in France, Spain, Croatia, Italy and the Czech Republic.
Thailand
In June, Thailand became the first country in Asia to decriminalise cannabis nationwide, which is known there by the name Ganja.
Possession, cultivation, distribution, consumption, and sales of all cannabis plant parts are legal.
A marijuana pop-up truck in Bangkok's Sukhumvit Rd, Soi 11, selling legal marijuana. Credit: SOPA Images/Sipa USA
Australia?
Queensland Premier Annastacia Palaszczuk has ruled out decriminalisation, despite pressure from the Queensland Productivity Commission (QPC).
"There's no plans for any decriminalisation, full stop," Ms Palaszczuk said in 2020.
Her comments came after a report from the QPC which said if the state decriminalised drugs, "the prison population would be between 20 to 30 per cent lower in 2025".
"This would save between $165 million and $270 million in annual prison costs and avoid $2.1 billion in prison investments," the report said.
The Greens, on the other hand, are pushing for nationwide decriminalisation of drugs, including methamphetamine, also known as 'ice'.
Greens MP and Drug Law Reform and Harm Minimisation spokesperson Cate Faehrmann recommended the findings of the be to be released, despite pushback from then premier of NSW Gladys Berejiklian.
“It’s unacceptable that the premier kept this important report hidden for almost a month despite repeated requests for its release from medical experts and families impacted by the drug ice,” Ms Faehrmann said.
“Now that it’s been released I urge her to put blind ideology aside and support the recommendations in this report to save lives including decriminalising all drugs for personal use.
“Leading drug and health experts and people directly impacted by the drug ice gave sometimes harrowing evidence and advice to guide the report’s recommendations. We owe it to them, and to all those affected by drug harm and who might be in need of support, to analyse and urgently implement any findings."
Around 5 per cent of Australians have an addiction or substance abuse problem.
The most commonly used illegal drugs in Australia are cannabis, ecstasy, cocaine and methamphetamines.
Around 1 in 6 Australians have used illegal drugs in the past 12 months.
If you're experiencing problems with substance abuse, call Lifeline on 13 11 14. More information and support with mental health is available at and on 1300 224 636.
