The drug debate has fired up once again, with Federal
Foreign Minister Bob Carr confirming he supports “de facto decriminalisation”
of recreational drugs. Mr Carr took part in a University of Sydney round-table
discussion on the merits of legalisation or decriminalisation of narcotics and
the results of the discussion contributed to a report prepared by independent think-tank
Australia21. The report concluded that the war on drugs had “failed” and calls
for “an end to the tough on drugs approach.”
Mr Carr’s comments come after years of debate surrounding
the decriminalisation of marijuana in Australia which is a continually
contentious issue for Australian politics. It is still taboo for politicians in
office to admit to former drug use, and when they do it is frequently accompanied
by the standard political disclaimer, “I didn’t inhale.”
Former federal health minister, Michael Wooldridge, as a
player in the University of Sydney roundtable commented,
“The key message is that we have 40 years of experience of a
law and order approach to drugs and it has failed.”
The report calls for a rethink of current drug laws and is a
welcome discussion in Australia in light of revelations that we have one of the
highest rates of marijuana use in the world.
Mr Carr’s comments aped the sentiments of think-tanks,
learned scholars and political talking-heads the world over. The Global
Commission on Drug Policy last year echoed the rhetoric that the war on drugs
had failed with “devastating consequences.”
More and more, the debate turns to decriminalisation as a
means of controlling the criminal and public health aspects of the issue. This
becomes a frequent point of contention as the most obvious real-world example
is the marijuana-tourism trap that is Holland and the dope-smoke filled coffee
houses and sordid stories of Amsterdam. This is actually a misnomer on two
levels, as Holland has never actually decriminalised marijuana; the Dutch
police simply don’t enforce the established drug laws in private homes or
coffee shops. Secondly, the most
relevant real-world example would currently be Portugal, which decriminalised
small quantities of all narcotics in 2001. This has not escaped the attention
of the pundits involved in the current debate.
“A first step towards such a regime could be
decriminalisation, similar to the approach adopted ten years ago in Portugal,”
said Nicholas Cowdery, former NSW Director of Public Prosecutions and member of
the University of Sydney panel.
The Portuguese example is ripe for discussion as slightly
over ten years has passed since the massive change in drug laws, and the
results of the reforms have finally begun revealing their long-term effects.
Overall, the effects have been impressive, with the rates of new drug users
steadily declining over the last ten years, with basic addiction rates,
mortality rates and infection rates declining accordingly.
“There is no doubt
that the phenomenon of addiction is in decline in Portugal,” said Joao Goulao,
President of the Institute of Drugs and Drugs Addiction, at a press conference
to mark the 10th anniversary of the law.
The basics of the reforms dictated that jail time for minor possession
be replaced with the offer of therapy. People found in possession of small
amounts of drugs are sent to a panel consisting of a psychologist, social
worker and legal adviser to discuss and provide appropriate treatment instead
of criminal charges or imprisonment. This has had the effect of allowing police
to redirect their resources from minor offenders to major players in the drug
trafficking industry. It is giving police the opportunity to tackle the threat
posed by cartels and major drug criminals.
The reforms have also benefited public health services by
removing the danger and, to a degree, the stigma of seeking medical assistance
for drug-related maladies. With health authorities no longer obliged to contact
police when a drug-addicted patient is admitted, drug users now feel safer
contacting a doctor or utilising health services. As such, there has been a
decrease of drug related illnesses, most notably a slow, but steady, decline in
new HIV/AIDS notifications.
However, despite this positive example and the ongoing
nature of the debate, Prime Minister Julia Gillard does not support her Foreign
Minister’s recent statements regarding decriminalisation. Ms Gillard maintains
the position that drugs are a scourge on society and advocates a hard-line
approach to stamping out the threat of drugs.
“My view about drugs is clear. Drugs kill people; they rip
families apart, they destroy lives, and we want to see less harm done through
drug usage,” Ms Gillard said in a recent statement. “I am not in favour of
decriminalisation of any of our drug laws.”
However, a week has passed since this debate fired back up
again, and nothing much has been said about it. It was not a major talking
point, and did not mark a significant step toward drug reform. Nor has the
response been prevalent enough to make much difference to public opinion. These
statements serve as simply a catalyst for discussion, but with a new flavour as
the report calls for the decriminalisation of more than just marijuana, but all
illegal narcotics (with the possible, and notable, exception of heroin, which
maintains a fearsome reputation as a life-ruiner, even amongst recreational
drug users).
As it is, any possible future drug-law reforms are still some
way off, with many further debates and, undoubtedly, many further studies where
clever men in white coats with not-completely-hidden agendas, funded by
organisations with mind-boggling, Venn-diagram worthy allegiances to various
political and commercial interests, test amphetamines on rabbits to see how
long it takes for their hearts to explode. Nothing comes for free.
But until the government commits to major drug reforms, the
so-called “war on drugs” will continue, and terrible things will continue to be
the result, as even professionals acknowledge that the current system has major
failings in the fields of health and rehabilitation. For addicts and problem
drug users who wish to get better there are still major obstacles, and, even if
decriminalisation isn’t the answer, it is clear that there needs to be changes
for Australia to finally tackle the issue of drugs in a manner befitting a grown-up,
successful democratic nation such as ours.
I deserve credit for not making a single drug pun anywhere
in this post. It’s harder than it sounds.
Karl Anderson
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