FDS Insight Magazine Nov - Dec 2022

7 impossible under our nation’s political climate, as he introduced a drug decriminalisation private members bill in February last year, and last week, the vast majority of the ACT government passed the bill into law. Avoiding the courts In her supplementary explanatory statement to the amended bill that passed last Thursday, ACT health minister Rachel StephenSmith explains the historic move will not take effect until 12 months from its passing, in order to ‘allow for appropriate police training’. So, this time next year, a Canberran found with a small quantity of MDMA on them will not be arrested and face maximum penalties of up to 2 years gaol and/or an $8000 fine, as they currently do. Instead, the attending officer can either decide to send an individual to a drug treatment program if assessed as necessary or otherwise issue the civilian with a small fine – a civil offence, not a criminal one – which will be $100. This model is based on a cannabis decriminalisation system that the capital territory established in 1992. And while covering the fine may be an issue for the more marginalised in society, they do have the option of attending the drug diversion program instead, which results in forgoing its payment. A corresponding list of the most popular psychoactive substances used in our society will be contained in a table within regulations related to the Drugs of Dependence Act 1989 (ACT). And this outlines the personal or small quantity limit of listed substances that makes one exempt from arrest. In the footsteps of cannabis reform The 1992 cannabis decriminalisation program in the ACT is called the Simple Cannabis Offence Notice scheme. But it has not applied to adults since January 2020 after their use and personal possession of cannabis was legalised in the capital territory. The new decriminalisation model will reform this 1990’s scheme so it’s now called the Simple Drug Offence Notice scheme and it incorporates a wider range of illicit substances contained in the regulations, which can be updated by the minister to reflect new and emerging drug trends. Sydney Criminal Lawyers spoke to ACT Labor MLA Michael Pettersson about the model of drug decriminalisation the territory parliament has passed, about the legalisation of the adult use of cannabis that he initiated earlier and what he expects the impact of the new laws will likely be. Michael, your private member’s bill regarding the decriminalisation of the personal possession of small quantities of drugs was passed by ACT parliament on 20 October, with 13 MPs in support and six against. So, broadly speaking, how is the system of drug decriminalisation going to work in the ACT? What happens, say, if a person is found with a small quantity of MDMA on them?