Drug law reform

Overview of changes

Changes to the ACT’s Drugs of Dependence legislation came into effect on 28 October 2023.

The changes mean maximum penalties for possessing small amounts of some illegal drugs for personal use have been reduced.

The reforms aim to divert people who use drugs away from the criminal justice system and encourage them to access health services.

If you are found with small quantities of drugs you may be diverted to a health education and information session, or pay a $100 fine.

It’s important to know that the ACT is not legalising illicit drugs.

Drug use is not safe or encouraged, and police will still confiscate any illicit drugs you are holding. It is still illegal for you to drive with any level of illegal substances in your system.

The ACT takes a strong stance against drug trafficking and drug dealers. Possession of larger amounts of the drugs covered by the legislation, or any amount of drugs other than those listed below, will still attract higher fines and potential prison sentences.

The legislation will be independently reviewed after two years of operation.

Quantities and types of illicit drugs included in the changes

*Note only those aged under 18 can be given a Simple Drug Offence Notice for possession of small amounts of cannabis. There are no penalties for low-level adult possession of cannabis.

**There is a discrete dose unit (DDU) for MDMA, lysergide and lysergic acid which are often packaged as a single dose, for example, capsules or tablets. This means you can be eligible for a diversion if you have no more than 5 MDMA, lysergide or lysergic acid doses, such as capsules or tablets.

Holding two or more different drugs

If an individual has 2 different types of eligible illicit drugs, they may be eligible for a Simple Drug Offence Notice (SDON) if they have no more than 100 per cent of the small quantity limit of each drug.

If they carry smaller amounts of multiple drugs which add up to no more than 200 per cent of a small quantity limit, they may still be eligible for an SDON.

For example, 1.5g is the small quantity for amphetamine, cocaine and MDMA. A person may be eligible for an SDON if they had:

*1.5g of amphetamine (100 per cent of the small quantity amount);
*0.75g of cocaine (50 per cent of the small quantity amount); and
*0.75g of MDMA (50 per cent of the small quantity amount).

However, if they had the same amount of amphetamine and cocaine as above, but 0.9g of MDMA (60 per cent of the small quantity amount), they may face up to 50 penalty units and/or 6 months imprisonment.

If the person is under 18, small quantities of cannabis are included in this calculation. If the person is 18 or over, small quantities of cannabis are not included in this calculation.

What is changing

• Maximum penalties for possessing small amounts of some illegal drugs for personal use have been reduced, as listed in the table on this page.
• Small quantities of drugs found on a person may attract either diversion to a health education and information session, or the option of paying a $100 fine.
• If the person does either of these things, no further action will be taken.
• If you are in possession of drugs and charged with other offences, it is likely that you will be charged with drug possession offences at the same time – you will not be referred to a health session or issued a fine.
• If the matter goes to court, a $160 fine can be issued, with a potential criminal conviction.
• In most instances, police will seek to divert or fine an individual. However, police will retain the power to summons or arrest an individual to appear before a court, particularly when other offences are involved.

What is not changing

• The listed drugs are still illegal and drugs will be confiscated.
• It is still illegal for a person to drive with any level of illegal substances in their system.
• These changes do not affect the 2020 cannabis reforms. Rules about cannabis, including personal possession limits and the number of plants that a person can grow, will still apply and be enforced.
• If a person is in possession of drugs and charged with other offences at the same time, it is likely they will be charged with drug possession offences alongside the other offences rather than referred to Canberra Health Services or issued a fine.
• Possession of large amounts of these drugs (above the new ‘small quantity’ thresholds but below drug trafficking limits) will still attract higher fines (up to $8,000) and potential prison sentences of up to 6 months (reduced from 2 years).
• It is still illegal to supply and manufacture drugs.  Penalties for these offences will not change.

The process when someone is found with a small amount of drugs

Police will confiscate the drugs and take them away to test and weigh them. This will inform police if someone is eligible to receive a Simple Drug Offence Notice. In most instances, police will then refer them to the Canberra Health Services (CHS) diversion service.

The CHS diversion service will contact the person and set up a time for the health session. Once the person has attended a session, police will be advised and will take no further action.

The person does not get a Simple Drug Offence Notice or a criminal record at this time, but their details will be in the police internal system.

If the person does not satisfy the drug diversion or requests a fine, CHS will advise police. If eligible, police may issue a Simple Drug Offence Notice.

To satisfy the Simple Drug Offence Notice, the following must be completed within 60 days:

• Pay the fine via the Access Canberra website over the phone or in person; or
• Complete a health session with Canberra Health Services. Once the person has attended the session there will then be no further action.

The health education and information session

The session is a one-off 1-hour assessment with Canberra Health Services, either face-to-face or via telehealth.

The session involves a health assessment to assess your well-being and to identify any need for support or early intervention relating to problematic drug use. Staff provide assessment, education around harm minimisation and can assist in creating external referrals to further support you if needed, however this is voluntary.

The session provides harm minimisation information in relation to drug use. It is useful even if you continue to use drugs. The session helps to identify whether you have a health issue and gives you information to support your health and wellbeing.

Purpose of the reforms

The ACT Government is committed to a harm minimisation approach to the use of alcohol, tobacco and other drugs.

These changes aim to reduce the harm associated with illegal drugs with a focus on diversion and access to treatment and education.

By directing people to a drug diversion program, people who use drugs will be offered the health services and support they need while providing a pathway away from the criminal justice system.

Providing people who use alcohol or other drugs with access to safe, appropriate, and affordable services and support is a key to the ACT Government’s harm minimisation approach.

The reforms aim to reduce the potential long-term negative impacts for all Canberrans, particularly young people, of getting a criminal conviction for a minor drug possession offence, for example on employment prospects.

ACT Government approach to reforms

This reform is supported by extensive consultation and input from policy experts, local and national alcohol and other drug sector advocates, service providers, ACT Government directorates and ACT Policing.

The ACT Government is committed to ongoing work in drug policy with our valued community sector partners.

Research indicates that rates of drug use are not strongly linked to levels of punishment for personal possession. However, the Government will carefully monitor drug trends following the changes.

The legislation will be independently reviewed after two years of operation.

The ACT Government invests more than $26 million each year in specialist alcohol, tobacco and other drug treatment and support services.

Information for businesses and licensed venues

Nothing changes for licensed venues under the reforms.

These changes do not affect how clubs and venues manage their patrons. It is still illegal to take any level of drugs in a public club or venue and anyone doing so can be instructed to leave by management.

Police can still intervene if a person under the influence of drugs is behaving in a dangerous or threatening manner.  Police can still prosecute people for other offences that occurred at the same time as the drug possession offence.

Under the Liquor Act a person is considered intoxicated if their speech, balance, coordination, or behaviour is noticeably affected and it is reasonable in the circumstances to believe it is the result of the consumption of liquor, drugs, or a combination of both.

The Liquor (Intoxication) Guidelines 2017 (No 1) provide practical guidance to licensees and their employees about the signs of intoxication, ways to reduce incidence of intoxication, and what to do if someone demonstrates signs of intoxication.

Venues can also contact Access Canberra for general information about Responsible Service of Alcohol and other questions at complianceandinvestigations@act.gov.au.

Information for community groups and organisations

The ACT Government is working with community service providers to provide information on the changes to their clients.

If you are a community service organisation and require more information, contact ATODPolicy@act.gov.au.

Support services

If you need support in relation to your drug use, call the National Alcohol and Other Drug Hotline on 1800 250 015.

You can also access information on treatment and support services on the ATODA directory or from Canberra Health Services.

The Canberra Alliance for Harm Minimisation and Advocacy (CAHMA) provides peer support and tailored harm reduction advice for people who use drugs and drug treatment services.