Revisiting Decriminalisation
In the wake of recent drug-related incidents at music festivals in Melbourne, discussions around drug policy reform have gained renewed attention. We at the Australian Psychedelic Society, as always argue that decriminalisation of drug use and possession is a crucial step towards reducing fatalities and promoting public health.
A Paradigm Shift
According to Dr. Douglas, the ultimate goal is legalisation and safe supply. Decriminaliasation involves removing criminal penalties for breaking certain laws. Dr. Sam Douglas, emphasises in the APS Decriminalisation statement that while decriminalisation is not a panacea, it is a necessary starting point in the broader conversation about drug law reform.
The Australian Psychedelic Society outlines key expectations for a drug decriminalisation system:
Non-Criminalisation of Personal Use: Possession or cultivation of psychoactive substances for personal use should not be a criminal offence.
Elimination of Threshold Weight Limits: Threshold quantities should not be used to determine personal use, and evidence of supplying or trafficking for profit must be present for criminal charges.
Police Discretion and Discrimination: Police should not have the discretion to charge someone within the threshold limit for possession or cultivation, reducing discrimination along racial and socioeconomic lines.
Refusal of Fines for Personal Possession: The use of fines as a response for personal possession, use, or cultivation is discouraged, as it may lead to targeted policing.
Voluntary Referrals for Education and Treatment: Referrals to education or treatment programs should be voluntary, avoiding unnecessary service burdens.
Access to Assistance and Services: Individuals seeking assistance for substance use, regardless of criminal charges, should access relevant services easily and at minimal cost.
Social Sharing and Collective Purchases: Sharing a small amount of substance within personal possession limits or making collective purchases for a group should not be criminal offences.
Record Expungement: Those previously convicted of possession under the personal possession threshold should have these offences removed from their criminal records.
No Broad Exclusions: Criminal history or being on bail should not broadly exclude individuals from decriminalisation.
Individual Substance Weighing: Each substance possessed should be weighed separately, and charges should not be made based on cumulative weights if each substance is within the personal possession limit.
No 'Strikes' System: Schemes based on a number of 'strikes' after which criminal charges are applied are not supported, as they cause harm without providing benefits.
As discussions around drug policy continue, the call for a comprehensive approach that prioritises public health, harm reduction, and individual rights echoes strongly. Advocates believe that by embracing decriminalisation and implementing supportive measures, societies can work towards a safer and more compassionate approach to drug use and its associated challenges.
