The changes,to be introduced in parliament this week,would introduce a “two-strike” policy,which would mean people caught with small quantities of illicit drugs including ice,cocaine and MDMA,would be able to receive fines and access health programs rather than face criminal charges.
The changes are a major win for drug law reform advocates long frustrated by NSW’s glacial approach to changing the criminal approach,and represent a sharp shift from a government that has resisted calls for changes.
The proposal,which mirrors one announced but never enacted by the former Coalition government,was a fall-back recommendation of a landmark inquiry into drug laws in the state that hadcalled for the complete decriminalisation of illicit drugs in NSW.
NSW Health Minister Ryan Park said drug use and addiction “are very much health issues” which were “far better addressed through health support outside the courts and criminal justice systems”.
“This is an evidence-based approach in line with community expectations. It responds directly to expert evidence,and recommendations from the Special Commission of Inquiry into the drug ice,” he said.
The scheme will give police the ability to issue up to two $400 fines to adults caught with small quantities of drugs equivalent to a possession offence. However,if a person completes a “tailored drug and alcohol intervention” the fine will be wiped.
The so-called ice inquiry,led by Professor Dan Howard,handed down its findings in February 2020 after 14 months of hearings. It recommended the complete decriminalisation of drug possession in the state,as well as the introduction of pill testing at music festivals and the abolition of drug dogs.