![ACT chief police officer Neil Gaughan. Picture by Sitthixay Ditthavong ACT chief police officer Neil Gaughan. Picture by Sitthixay Ditthavong](/images/transform/v1/crop/frm/LLBstgPA4H8EG9DTTGcXBL/3c5f03f1-43c9-4457-9407-4485528c5aeb.jpg/r0_260_5088_3132_w1200_h678_fmax.jpg)
Although "the war on drugs" was first declared by Richard Nixon in 1971, governments have been treating users as criminals for more than 100 years. If this was a genuine attempt to eradicate the scourge of addiction by scaring people into becoming clean then it has failed.
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Drugs are as prevalent, if not more so, in Australia as they have ever been. There have never been more illicit substances on offer and it seems that new ones are coming on to the market at an ever increasing rate.
Einstein's famous dictum that it is absurd to keep doing the same thing over and over again in the hope of obtaining a different result is a perfect description of the community's failure to regard the use of addictive and mind altering substances as a health issue, not a criminal one.
This is why the ACT government is entitled to expect community support for its bold decision to become the first Australian jurisdiction to decriminalise the possession of small amounts of commonly used illegal drugs.
As of October 28 people found with small amounts of drugs will either be fined or offered a health intervention; not charged with a criminal offence.
This follows the earlier decriminalisation of marijuana, including allowing people to grow a small number of plants for their personal use, and to trial pill testing at local music festivals.
It is not, as some have tried to characterise it, the latest step down a greasy path leading to perdition. The ACT has not, and has no intention to, decriminalise either the manufacturing or sale of drugs. It will also remain a criminal offence to possess more than the mandated quantity.
All of these activities remain prohibited. Law breakers can expect to be prosecuted with the resources the legal system has available.
The intent of the Drugs of Dependence (Personal Possession) Amendment Act 2022 is to offer medical interventions intended to help users to manage their drug habits and, where possible, break the addiction cycle.
It is well known that this approach is far more effective than arresting and charging users and, in many cases, sending them to jail.
According to the Drug and Alcohol Foundation one of the greatest benefits of the health-based approach to personal drug use it removes the criminal stigmatisation that often prevents people from seeking assistance to break the cycle.
This is a serious problem in that the use of illicit drugs is often a symptom of severe underlying challenges, such as poor mental health, the user is trying to self-medicate for.
While the concerns expressed by ACT Policing that decriminalisation could lead to an increase in drug use in the territory with people travelling to Canberra to get legally "high" are understandable, some need to be taken with a grain of salt.
Given making, dealing in, or possessing large quantities of drugs will all still be criminal offences the suggestion the reforms will "bring more organised crime to Canberra" is open to question.
That said, concerns that open drug use will become more prevalent at music festivals such as Spilt Milk and when the Rebels outlaw motorcycle gang descends on Canberra for their national run are very legitimate.
"Narco-tourism" is a well documented phenomenon in many jurisdictions that have decriminalised drug use elsewhere.
If, in 12 months time, it can be demonstrated that this - and the previous reforms - have saved lives the ACT government will deserve credit for trying something new.
If, on the other hand, there have been unintended consequences it will need to tweak the legislation accordingly.
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Responsibility for election comment is taken by John-Paul Moloney of 121 Marcus Clarke Street, Canberra. Published by Federal Capital Press of Australia Pty Ltd.