Evidence shows that decriminalisation is an effective measure in a reducing harm caused by drug use, combatting stigma and diverting people away from the legal system.
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The evidence also shows that decriminalisation should not be undertaken in isolation of other steps, including an increase in the capacity and accessibility of specialist treatment programs and supports.
On October 28, new laws will come into effect under Drugs of Dependence (Personal Use) Amendment Act 2022. The Alcohol, Tobacco and Other Drug Association ACT (ATODA) welcomes the decision of the ACT government to decriminalise possession of illicit drugs for personal use and we are proud to see the ACT set this precedent for the rest of Australia.
This is the result of many years of evidence-based advocacy led by the alcohol, tobacco and other drugs sector in the ACT to positively shape how we, as a community respond to the needs of people who use drugs.
The changes under the act mean that people who use drugs within the personal possession thresholds will be given the option of attending an assessment or harm reduction session or paying a fine.
This may lead to voluntary referral to treatment in some cases. Importantly, the new pathways available under the act enable a health system response and encourage people to seek treatment.
Avoiding a criminal conviction can have life-changing consequences, just as having contact with the criminal justice system at an early age increases the likelihood of it happening again into adulthood.
This reform puts health first, gives people who use drugs a chance to seek help through the health system, and importantly - diverts people away from the legal system to alternate pathways.
Services in the ACT are highly specialised, collaborative and expert in the diverse services they provide to our community, with more than 40 programs offered by government and non-government providers.
The sector is preparing for a likely increase in people seeking treatment under the new laws, against the backdrop of a lengthy ACT government commissioning process impacting across services.
Ongoing funding for these services must be evidence-based and reflect the true costs of service delivery.
ATODA wants to see ongoing investment into monitoring and evaluation of the reforms, reflecting the perspectives, experiences and expertise of diverse stakeholders in our community. These include people who use drugs, the ACT police, families and friends of people who use drugs, ATOD treatment services and other health providers such as GPs.
The lessons from the early phases of the reform should be used to inform future investment geared towards improving access to specialist treatment services.
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The changes to drug laws in the ACT present the wider community with an opportunity to think about the negative impact the stigma of drug use can have on self-esteem, mental health, emotional wellbeing and accessing pathways to treatment and support. Many people who use drugs have complex lives and find navigating social, health and legal systems understandably challenging.
This reform is a step in the right direction to divert people who use drugs away from the legal system in the ACT, providing an alternative focused instead on health, treatment and support.
- Anita Mills is the chief executive officer of the Alcohol Tobacco and Other Drug Association ACT.
