When the minute hand ticked past midnight on Friday, October 27, the ACT's new drug decriminalisation laws officially came into effect.
This landmark legislative change - which essentially grants anyone in the ACT the right to possess small quantities of previously illicit drugs without incurring a criminal charge - has been years in the gestation.
It has sent the national capital into largely unexplored territory - making illicit drug consumption a health issue rather than a policing one - where only a handful of jurisdictions outside Australia have ventured before, some with mixed success but with different operational models.
Even the ACT's police on the beat, some of whom have been dealing with addicts and drug-related crime in the capital for decades, were called into training sessions to better understand how to manage the change. It's a leap into the great unknown.
Is this change going to increase drug-taking and drug crime?
There is a conflict of opinion on this and only the multiple metrics which flow in the months ahead - such as rate of health drug referrals, offence notices issued, and waste water analysis - will provide an accurate picture.
Police know through long experience organised crime syndicates which traffic drugs and profit handsomely from it are adept at exploiting any "market opportunities" to generate additional business and income. In the drug business, liberalisation is seen as potential opportunity.
It is also an established business principle that regardless of the product, increased competition has a downward pressure on prices. This applies as much to drugs as any other product.
But drug consumers also respond to quality, so a better quality product may stimulate demand. These factors alone, should they come into play, may trigger increased consumption, particularly among the "party drug" crowd. But again, this is unknown.
The potential for ACT "narco-tourism" has been summarily dismissed by the supporters and promoters of decriminalisation. However, the publicity alone has generated interstate curiousity so there will be visitors expecting some type of drug-taking free-for-all party on the streets. They will be disappointed, say police.
The big risk to the local community is that for decades - and anyone who regularly sits through ACT court proceedings is well aware - criminality and drug-taking go hand-in-hand.
More often than not, "hard" drug dependency triggers criminal behaviour. Crime is triggered by the need to fund drug dependency. Police say they would like nothing more than a falling crime rate as an outcome of this legislation. But will it happen?
Furthermore, while the goal of the legislation is harm minimisation, how many "hard" consumers now will take up that easier pathway to a drug-free life? We don't know. This will play out over time, and the health data will bear close observation.
What happens if someone in the ACT is stopped by police and found to have a small quantity of drugs?
All drugs are confiscated, with weights assessed. Someone can even carry two different types of drugs provided they fall under the personal consumption thresholds.
In the first instance, police will offer a referral to a health counselling service. If that option is refused, then a Simple Drug Offence Notice (SDON) would be issued.
In both instances, the personal particulars of that person will be recorded. An SDON carries a fine of $100, posted to the person at a later date.
However, police will reserve the discretion to pursue the matter through the criminal justice system for those who do not comply with the health session or fine.
If the matter goes to court, a $160 fine can be issued, with a potential criminal conviction.
The possession limit for cocaine, amphetamine and ice will be 1.5 grams.
The limit for ecstasy will be 1.5 grams or five doses, and there will also be a five-dose limit for LSD. The limit for heroin will be one gram.
Any quantities over those limits found on a person will be investigated as potential trafficking/supply. Officers will not carry test kits but will rely on information from the consumer, and from testing back at the station.
What does the health referral entail?
If a person chooses to take part in the drug diversion program they will be required to do a one-hour session through Canberra Health Services. This session can be held either over the phone or in-person.
In the referral a person is asked about their current drug use, their history of drug use and their willingness to change their drug habits.
The person will then explore whether the person would like further treatment, such as counselling or rehabilitation, and refer them to appropriate services for that but it is not a requirement for a person to seek further treatment.
Does this mean drugs of all kinds can be consumed anywhere, such as out on the public street?
No. Consuming drugs in a public place remains an offence.
Drug possession, as a stand-alone offence, has been negligible in the ACT for some time, even before the arrival of the Simple Cannabis Offence Notice (SCON) and the raising of personal possession limits for cannabis in the ACT.
However, if police see a "consumer" overtly chugging on an ice pipe in a London Circuit car park, then that person can quite rightly expect to be questioned, details taken and any paraphernalia seized. Any illicit drug quantities in that person's possession would be confiscated and closely assessed.
Pubs and clubs run their own security and manage their premises as they see fit. However, police have already been in contact with most of them, including their representative organisations, and "reminded them of their responsibilities".
When a health referral notice is issued, is there any follow-up to ensure compliance?
Yes. Anyone issued with a referral has 60 days to comply.
If compliance doesn't happen, it is then a police matter. Counselling can be done over the phone, or in person.
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