Queensland is proposing to relax its approach to minor drug offences, even for ice and heroin. How could it affect you?
If you are among the one-in-six Australians who have used illicit drugs in the last 12 months, yesterday's proposed law announced by Queensland's police minister may have piqued your interest.
What does the government want to change?
Queensland's Police Minister Mark Ryan wants to expand the state's Police Drug Diversion Program (PDDP).
At the moment, it stops minor drug offenders found with less than 50 grams of cannabis, or utensils for personal use, from being prosecuted by ushering them towards professional help.
But the government wants that program expanded to include all drugs — so personal quantities of anything from cocaine to heroin to meth. It also applies to unlawful prescription medication.
Under the proposal, those found in possession would be given a warning in the first instance, then offered to participate and complete the diversionary program on their second offence.
But the clincher is that you must not be facing other criminal charges, and you can't have been to jail for drug offences before.
Why has this change been made?
Two reasons
- 1.To save police time
- 2.To prevent further harm to small-time users
Here's a couple of things Mr Ryan said in Parliament yesterday:
"Research shows that if you divert people early to health and education services, they are less likely to reoffend.
"Police will continue their tough enforcement action in taking dangerous drugs off the streets of Queensland, but this will save police time by expanding drug diversion for minor offences which would enable officers to target drug manufacturers and traffickers domestically and internationally.
"The expanded police drug diversion programme proposed by the Queensland Police Service and established by this bill will help to prevent people developing a substance abuse disorder."
How much is considered a minor quantity?
For cannabis, it's 50 grams.
For everything else, it won't be clear until the bill passes.
What is a diversion program?
It is a personalised program delivered by Queensland Health to help minor offenders quit using.
First of all, offenders have to meet the criteria set out by Queensland Police here, and admit to the use in an interview.
You're then referred for a one-on-one assessment, where you work with someone on a plan to get off drugs.
But you can only be offered diversion once, and if you turn it down — that's it.
What do police think about this?
According to the minister, the idea came from within the force, led by Commissioner Katarina Carroll.
He said it was also supported by every post-Fitzgerald-era Queensland Police commissioner, former Corrective Services and federal police commissioners too.
How have medical groups responded?
Very well.
In a joint release, the Australian Medical Association Queensland (AMAQ) and the addiction groups Alcohol and Drug Foundation and Network of Alcohol and Other Drug Agencies, applauded the move.
"A health-based approach to drug use benefits the whole of community by helping to reduce drug-related deaths and disease, reduce stigma and problematic drug use, and see more people reaching out for help and support," said AMAQ president Dr Maria Boulton.
Is Queensland the only place to do this?
No, and the government says this proposal will bring the state in line with jurisdictions such as Victoria, Tasmania, the Australian Capital Territory and South Australia.
How likely are they to come into effect?
Pretty likely.
The draft laws have been referred to a parliamentary committee for scrutiny and community consultation.
In the coming months, the bill will come back to parliament for debate and it will become law if it receives majority support from state politicians.
Does this mean drugs are legal in Queensland now?
In short, no.
While the government says it will prevent about 17,000 Queenslanders from facing prosecution for minor drug offences, it says it is important to note that this move "does not equate to the legalisation of dangerous drugs".
In fact, as part of the reform, the maximum penalty for the offence of trafficking dangerous drugs increases from 25 years to life imprisonment.
