Legal & Regulatory

Australia’s Capital Decriminalizes Possession of 8 Drugs

The Australian Capital Territory (ACT) has introduced a new policy decriminalizing possession of small amounts of eight specified drugs, shifting focus from criminal punishment to harm reduction. Despite some opposition, this change represents another positive step in Australia's evolving drug policy, which has seen recent moves like the legalization of psilocybin and MDMA for medical purposes.

On Saturday, a new policy decriminalizing the possession of small amounts of drugs came into effect in the Australian Capital Territory (ACT), encompassing the nation’s capital, Canberra, and surrounding areas. ACT is the first region in Australia to implement such a change.

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Change in ACT Regulations

A year ago, lawmakers in the ACT approved a new policy introduced by the Labor Party’s Michael Pettersson. The new law eliminates criminal penalties for drug possession. Instead, the possession will result in a warning, fine, or participation in a drug prevention program.

Interested individuals can avoid a fine of 100 Australian dollars (about 64 USD) if they voluntarily choose to participate in the program.

New Possession Limits

The new policy applies to eight drugs, with specific possession limits established:

  • Cocaine: 1.5 grams
  • Heroin: 2 grams
  • MDMA: 3 grams
  • Methamphetamine: 1.5 grams
  • Amphetamine: 2 grams
  • Psilocybin: 2 grams
  • LSD: 2 milligrams

The law also reduces the maximum penalty for possession of drugs that have not been decriminalized to a maximum of six months imprisonment.

Social Reactions to the New Policy

In response to the introduction of the new law, Pettersson wrote on Instagram: “Residents of Canberra understand that drug use is a health issue, and now our regulations reflect our values.”

A Thoughtful Approach to Drug Policy

When the law was adopted, Pettersson described it as a “reasonable approach to drug policy based on facts,” prioritizing public health over criminal punishment. However, not everyone was enthusiastic about the change. Senator Michaela Cash of the Liberal Party tried to block the change in the national parliament, expressing concern that the regulations would transform the nation’s capital into a “drug capital.”

In response to Cash’s criticism, Labor Party senator Tim Ayres said that if she wants to intervene in ACT policy, she should consider moving to the region and running for the legislative assembly.

History of Decriminalization in ACT

ACT had decriminalized cannabis as early as the 1990s. In 2020, a law was also introduced legalizing the possession and cultivation of cannabis for personal use by adults. Adults can possess up to 50g of cannabis for personal use and cultivate up to 4 plants at home.

Inspiration From Previous Policies

Pettersson emphasized that the previous policy regarding cannabis was an inspiration for the new, more comprehensive drug decriminalization law.

Future of Drug Policy in Australia

Despite resistance, many changes have been made to drug policy in Australia. Earlier this year, the government legalized psilocybin and MDMA for medical purposes, allowing access for people suffering from PTSD and treatment-resistant depression.

Legal Prescriptions Under Specific Standards

While these substances have not been legalized for widespread use, psychiatrists who meet specific standards can legally prescribe them.

Certainly, the debate on the decriminalization and legalization of drugs in Australia will continue, but changes in the ACT are a significant step toward an approach focused on public health and harm reduction.

(Featured image by Social Estate via Unsplash)

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First published in Fakty Konopne, a third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

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Helene Lindbergh

Helene Lindbergh is a published author with books about entrepreneurship and investing for dummies. An advocate for financial literacy, she is also a sought-after keynote speaker for female empowerment. Her special focus is on small, independent businesses who eventually achieve financial independence. Helene is currently working on two projects—a bio compilation of women braving the world of banking, finance, crypto, tech, and AI, as well as a paper on gendered contributions in the rapidly growing healthcare market, specifically medicinal cannabis.

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