An overwhelming majority of people caught with small amounts of drugs have chosen to be sent to a drug diversion program and not pay a $100 fine under the ACT's drug decriminalisation laws.
The territory's police have caught 70 people with small amounts of drugs in the three months since the changes around drug possession were enacted.
The fact a majority have chosen to undergo a drug diversion program has been praised by the new minister overseeing drug policy in the territory.
"Referrals for drug diversion are actually working and people are getting the opportunity to have an open and honest conversation about what they need to stay healthy and where they want their life to go," ACT Population Health Minister Emma Davidson said.
"The more opportunities people have to have those conversations with someone who's focused on their health and not on the criminal justice system, the more chance you can actually unpack some of the things they need to actually get healthy and stay that way."
Under the new laws, people caught with illicit drugs within an allowable limit will not be charged and, instead, can choose to pay a $100 fine or be sent to a drug diversion program. Of the 70 who have been caught, 67 chose to undertake a drug diversion program at Canberra Health Services, figures provided from ACT Policing show.
But not all of the 67 have followed through in the program. Thirteen were deemed to be "non-compliant" as they did not engage or follow-up with the service.
Authorities say they attempt to contact a person who has elected to undergo drug diversion via multiple phone calls and text messages and, if this fails, a letter will be sent.
If a person does not respond they are considered to be "non-compliant" and will be issued a $100 fine instead. Police say these fines will be issued after the drugs are tested.
Police seize all drugs and they are sent off for testing. A person who would like to access the diversion program are given an information pack with contacts for the alcohol and drug service at Canberra Health Services.
Health authorities were not anticipating a huge increase in demand for drug diversion programs in the lead-up to the new laws taking place and only one extra person was employed in the drug diversion service.
Health Minister Rachel Stephen-Smith, who was in charge of drug policy when it was enacted, also did not anticipate there would be a substantial increase in drug use ahead of its introduction.
Ms Davidson, who took over the portfolio in a ministerial reshuffle in December, said it was too early to know whether there needed to be an increase in resources for the service. She also wanted to make sure drug and alcohol treatment services were better resourced.
"We've only had a few months to see what's happening with the referral numbers coming through so it's going to take a bit longer to see what the level of increased demand actually is but I'm absolutely committed to making sure that we're resourcing those things," she said.
The drug diversion program is a one-hour session where a person is asked about their current and historical drug use and their willingness to change their drug habits.
A person can choose to be referred to further treatment but this is not mandatory. This session can be done face-to-face or over the phone but authorities have a preference for it to be done in person.
However, most have done the program over the phone. Figures from December show 27 people did their program over the phone compared to six who did the service in-person. The service runs from Monday to Friday in business hours.
Ms Davidson said she had anticipated most people would take a drug diversion program and this was the preferred above the $100 fine.
"Because when it comes down to it drug addiction is a health issue and if we can work with people on how to deal with that, you've got a much better chance of helping them to get better life outcomes," she said.
"I was absolutely expecting that if you can sit down and have a really open honest conversation with someone about what they're doing and what they actually want to be doing with their life instead, that actually you will get opportunities for people to be able to make changes."
There is no limit to the number of sessions a person can do, meaning they can be caught multiple times possessing drugs within the allowable amount.
If a person would like more information or a referral to extra treatment they are given a range of options, including counselling sessions, referrals to detox or rehabilitation services or short-term case management.
