A Better Way - Legal Regulation of Drugs

Australia's current drug policies are outdated. Born out of the war on drug users, they do nothing to minimise harm.
Instead, they cause harm by stigmatising addiction and the people who suffer from it.
It's time for a better way – an evidence-based approach that creates a safer system for everyone.
That's why Drug Policy Australia is part of the global movement advocating for the legal regulation of drugs, alongside 31 United Nations agencies, including the World Health Organisation, UNICEF, and the High Commissioner for Human Rights.
In 2019, those agencies adopted a common position on drug policy, including a commitment to
"Support the development and implementation of policies that put people, health and human rights at the centre … and to promote a rebalancing of drug policies and interventions towards public health approaches".
Legal regulation differs from 'decriminalisation', which usually refers only to decriminalising personal possession and use.
Although decriminalisation is a step towards overall legal regulation, it still leaves a significant grey area, and crucially, it leaves users in contact with an unregulated and dangerous black market.
Legal regulation, on the other hand, reforms the entire system. It is an end state, where the production, supply and use of many drugs are legally regulated and, as a result, controlled by governments.
Critically, the level of regulation is proportionate to the real risks and harms posed by each drug.
When considering the legal regulation of drugs, it's important to remember that our society currently regulates many drugs that were once illegal. These include tobacco, alcohol, and pharmaceutical drugs. Society's approach to these substances has changed over time. A similar change to the way we regulate drugs is long overdue.
On the 28th of February 2021, Oregon, in the United States where the drug prohibition originated, decriminalised the possession of all drugs for personal use. People caught with small amounts of drugs are referred to various support services instead of being subject to arrest and criminal penalties.
In Portugal, overdose deaths, HIV infections due to injecting, and the number of people incarcerated for drug offences have dramatically fallen since the decriminalisation of drugs in 2001.
Despite these compelling case studies and the advice of local experts, the Australian government remain unmoved and fully committed to the war on drug users.
In New South Wales, the Special Commission of Inquiry into the Drug "Ice" and the Coroner's Court recommended decriminalising drugs. In 2019, the Queensland Productivity Commission recommended decriminalising all drugs and the legal regulation of cannabis and MDMA.
Instead of following this expert advice, our decision-makers continue to play politics with drugs by driving fear campaigns and building stigma designed to serve their political agendas instead of the national interest.
What would legal regulation look like in practice?
Legal regulation would differ dramatically by substance.
A purpose-built set of laws would govern the use and supply of each different drug depending on their harm profile.
For example, dangerous drugs like opioids would attract stricter regulations than less harmful substances like cannabis or MDMA.
We believe that drugs currently deemed illegal should be governed similarly to other, now legal psychoactive substances, including caffeine, alcohol, and pharmaceuticals.
Based on the existing systems in use to regulate these legal products, there are several potential options:
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Prescription
Particularly harmful substances, like heroin, could be prescribed to dependant users by a qualified doctor and consumed in a supervised setting. This approach would help to ensure that vulnerable Australians have access to support for their often complex physical and mental health needs. Several jurisdictions, including Switzerland and Canada, use this model to manage heroin addiction. -
Pharmacy
Licenced professionals could provide a point-of-sale for drugs like MDMA and amphetamines, providing rationed quantities to those who wish to use them. There could be other health and safety restrictions in place, like a licence requirement for consumers. -
Licenced Sales
Low-risk substances could be sold at licenced outlets under strict conditions, including age restrictions, health and safety advice, and a ban on advertising and promotions. -
Licenced Premises
In much the same way as alcohol – or, in some countries, cannabis – licenced premises could provide a substance for on-site consumption only, subject to strict conditions and regulation including age checks and responsibility for customer behaviour.
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