Drug policy reform – what’s it all about?

Drug policy reform is complicated.¹

It’s difficult to understand and talk about – however, talking about it has the potential to help a lot of people.

There are currently two broad groups of drugs – those allowed by government policy, such as prescribed medications and alcohol, and those that are banned.

Both groups of drugs are used regularly in Australia.²

When it comes to drug policy, there are many models for change around the world; however, there’s no single answer.³

Some drug policies focus on helping and supporting people who use drugs, while others focus more punishment.

So, what does the evidence say about these different approaches?

It’s complex, but let’s dive in and talk about it.

So, what are we allowed to use?

Drug policy in Australia varies between states and territories.¹

If you’re using an illegal drug, you’ll be treated slightly differently depending on where you are. There’s a great resource outlining each state and territory’s policy here.

One thing that is consistent is what you’re allowed to use.

These ‘allowed’ drugs include alcohol, tobacco, prescription medications, caffeine and, in some cases, cannabis.

It’s important to note though, just because you’re allowed to use something doesn’t mean it’s harm-free.

All drugs can be used in a harmful way and there’s plenty of evidence showing the ongoing harms associated with many legal drugs.²

Hang on, what is drug policy reform?

Drug policy reform is where the government changes the law so that drugs which are currently illegal become legal.

This has been done for cannabis in some countries where the production, distribution and use of cannabis is legalised and regulated by the government.⁴

These changes to the rules can include rules for personal use, possession (having a certain amount of a drug on you), production and distribution (sales).

There are two ways in which drug policy reform is talked about – legalisation and decriminalisation.

Let’s take a closer look at both.

Legalisation

Legalisation is where drugs are fully regulated in all areas, including how they’re made and sold. Think about prescription drugs – they’re developed, produced, distributed, regulated and used in a very structured way. If you want to use prescription medications, you can do so easily and legally and you know exactly what you’ll be getting each time.

Decriminalisation

Decriminalisation is a little more complicated. It’s where some aspects of drug use remain illegal, but you’ll get a fine rather than a criminal charge for drug use. For example, last year the ACT’s cannabis laws changed allowing personal possession, use and growing of cannabis in a strictly limited capacity - however, selling cannabis or supplying cannabis plants to someone else remains illegal and is a criminal offence.

The point of decriminalisation is to prevent people from entering the justice system and receiving a criminal record for using a drug.

Instead, decriminalisation means a person would receive a penalty (like a fine), and get access to support for their drug use.

Decriminalisation is often coupled with increased health-related programs to provide people with appropriate referral pathways. There’s some evidence that people are more likely to seek help under these circumstances.⁵

How does decriminalisation work in practice?

There are many ways in which drug policy can be changed, with different countries, and even different states/territories in Australia, applying policies differently.

In fact, how it gets applied is an important aspect of drug policy reform.

For example, drug policy could state that individuals (such as police and judges) have discretionary power. This means that they can decide on criminal charges for individuals depending on the case.

What this means in practice though, is that some people may receive harsher punishment than others.

Another option is that certain drug-related activities become civil offences.

This means there are very clear rules about the consequences of being caught with drugs and it’s written into law. The people applying the law don’t need to use discretion, the consequences are clear.

What about Portugal?

If you’ve had a conversation about drug policy reform, then you’ve probably heard about Portugal.

Since 2001, all drugs in Portugal have been decriminalised and significant efforts have been focused on prevention, education, harm reduction programs, treatment and other support networks.⁴

There are a range of ways these drug policy changes affected drug use in Portugal – you can read about it here.

A study analysing the conflicting claims about the Portuguese model found while there was a small increase in overall illicit drug use, there was a decline in use among young people and people with a drug dependence.⁶

Decriminalisation in Portugal has helped to reduce stigma⁷, eased the pressure on the criminal justice system and reduced the prison population.⁸

But this success isn’t solely due to decriminalisation, as the reforms were accompanied by a significant increase in support services.⁶

Australia’s getting there…right?

There are parts of Australia that have led the way when it comes to drug policy reform.

South Australia decriminalised cannabis in 1987⁹, with NT and ACT later following suit.

Compared to states without decriminalisation, drug use has not increased in NT, ACT and SA² since decriminalisation.

Almost all states and territories around Australia now practice some form of decriminalisation.¹⁰

So, while we have made some progress, Australia still has work to do in terms of drug policy reform to collectively reduce the harms associated with all drugs – illegal or not.

If you want to find out more about the debate and discussion around drug policy reform, we summarise the themes here.