Pubdate: Thu, 17 Mar 2005
Source: Canberra Times (Australia)
Copyright: 2005 Canberra Times
Contact:  http://www.canberratimes.com.au/
Details: http://www.mapinc.org/media/71
Author: Brian McConnell
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

NEW DRUG LAWS REFLECT BADLY ON GOVERNMENT

Although aimed at drug traffickers and serious drug offenders, the new ACT 
cannabis laws effective from 6 March, in fact widens the net and can impose 
draconian penalties on young people experimenting in or addicted to the 
drug. Parents who want their kids to survive their experimenting years 
without the burden of a criminal record, should be concerned about the 
implications of these changes

The new law will, amongst other things change the number of plants for 
which a Simple Cannabis Offence Notice (SCON) can be issued. It aims to 
prevent drug traffickers organising co-operatives of smaller (mostly 
hydroponic) growers.

The changes to the law have origins in the 1982 Williams Royal Commission 
well before any SCON system. It gathered momentum in 1997 through the 
Officers Committee of the Standing Committee of Attorneys-General. The ACT 
Government, apparently, unreservedly implemented the outcomes of those 
processes - outcomes that were almost solely driven by a legal mindset of 
some 22 years ago where the thought of alternate approaches or social 
consequences were not on the radar.

Reports in The Canberra Times in 2004 left no doubt that large hydroponic 
cannabis plants, producing quantities exceeding reasonable personal-use 
amounts, were being grown in rented houses.  Police raids in 2004 have 
eliminated such cannabis production, the Chief Police Officer recently told 
a Legislative Assembly Committee.

Eliminated under the old laws!  This suggests that it has not been 
necessary to change the SCON system.

It is surprising that the Stanhope Government, normally a very consultative 
Government, made no attempt to consult relevant parties other than law 
enforcement, prior to introducing the Bill into the Assembly.  It is also 
surprising that no account was taken of the December 2000 Legislative 
Assembly Standing Committee on Health and Community Care report Cannabis 
Use in the ACT - a very thorough report that recommended workable solutions 
even for this problem of co-operative growing.

If such committee reports are not taken into account, then what is the 
value of such committees?

The SCON system that served the ACT well for 15 years aimed to: separate 
the "soft" and "hard" drugs markets,   minimise harm associated with use 
and minimise the harm associated with policing of use,   keep kids out of 
the courts and thus avoiding a criminal record,   better deal with an 
activity undertaken at some time by one third of the population.

Statistics show that the use of cannabis is not significantly different 
between states and territories even though different laws apply. However 
research by the Federal Department of Health (Monograph #43) demonstrated 
clearly the social benefits of systems like that applying in the ACT and 
equally clearly demonstrated the serious consequences of application of 
criminal law to simple cannabis offences.

The changed law has undermined these basic aims.

The law will now define, for example, a person dwelling in a flat and 
growing a few plants in their bathroom for their own purposes as a criminal 
for which they could receive a 2 year gaol sentence.

Will the changes reduce the number of drug dealers and the supply of drugs, 
thus achieving the primary aim of all drug laws - reduction of drug use?

If history is any guide then we would have to conclude that it will 
not.  The high profits that can be made as a direct consequence of 
prohibiting drugs and the steady demand, even under the harshest drug-law 
regimes, guarantees a steady replacement of apprehended drug dealers

These new laws reflect badly on an ACT Government that otherwise has shown 
such great promise espousing principles such as harm minimisation, a whole 
of government approach, a social inclusion plan, a new drug strategy, and 
so on.

Only a full evaluation of effectiveness of the changed drug laws after they 
have been in operation for a period will demonstrate their 
effectiveness.  However until that evaluation take place, resulting in the 
inevitable revision of drug laws, one can only hope that police and others 
in the criminal justice system will use common sense and discretion so that 
the least possible harm is visited on minor drug offenders.

Brian McConnell is president of Families and Friends for Drug Law reform
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MAP posted-by: Beth