The Misuse of Drugs Amendment Bill has passed its final reading and will come into law in the near future. More than anything, I want to join in the chorus of positive sentiment around this bill, particularly because people and organisations I admire and am inspired by have encouraged it through its at times rocky ride in parliament. But I just can’t be wholly positive about the changes the bill will engender.
Let’s also be crystal clear that the bill does not decriminalise all drugs, as some online enthusiasts have suggested; it legalises police discretion in deciding whether to prosecute and directs police to use a health-based rather than a criminal approach.
This is not the same as decriminalising all drug use. And herein lies one of the problems – embedding discretion further into our justice system will deepen existing inequalities. The use of discretion will continue to over-police already stressed and marginalised communities often subject to the harshest policing practices.
Most of the proposals in the bill add to the failed, outdated Misuse of Drugs Act 1975 and the ineffective “war on drugs”: the reclassifying of AMB-FUBINACA and 5F-ADB as class A drugs; the creation of temporary class orders, all enacted as “get tough” measures to address the harms from synthetic cannabinoids.
Unfortunately, these kinds of measures do not work in effectively addressing or reducing the harms from drug use, nor do they effectively reduce or address the demand for drugs like synthetic cannabinoids. “Getting tough” on drugs and those who supply them has not helped us in over four decades of the “war on drugs” – it has filled prisons with low-level users and dealers, often suffering from addictions themselves. Continue reading Drug Reform Bill: Glimmer of positivity or ‘get tough’?