The Criminal Law Committee of the NSW Bar Association decided to look at the available research on illicit drugs and the current government drug strategy in order to come to a view on whether law reform was necessary. In a detailed discussion paper, the committee considered options for reform. One possibility is decriminalisation of cannabis, a drug where the risk of harm, while real, appears modest compared with other illicit drugs and even alcohol and tobacco. That would have a significant impact, given that 12,000 offences for possess/use cannabis were dealt with in NSW courts in 2012-13. (Fact sheet: Cannabis and the law in Australia)
For forty years the Misuse of Drugs Act 1971 has formed the corner stone of drug policy in Britain. The emergence of new psychoactive substances (‘legal highs’) during the past fifteen years or so has challenged the drug control system. The arrival in 2012 of a new psychoactive substance on the market, on average, every six days raises questions about how best to protect young people from unknown and unsafe drugs. The Government is considering this challenge and we hope this Inquiry report will make a helpful contribution to their deliberations.
A report by a group of prominent Australians that recommends Australia rethink its criminalisation of illicit drugs has been backed by the Victorian branch of the Australian Medical Association. The report recommended that cannabis and ecstasy be decriminalised for people aged 16 and older, who are willing to be recorded on a national confidential user's register. Users would be able to purchase drugs from an approved supplier, likely a chemist.
Cannabis is the cutting-edge drug for reform, the only politically plausible candidate for major legal change, at least decriminalisation (removal of criminal penalties for possession) and perhaps even outright legalisation (permitting production and sale). Compared with other drugs, the harms, physiological or behavioural, are less severe and the drug is better integrated into the culture. Throughout Western Europe and in the Antipodes there is pressure for reductions in the punitiveness of the marijuana regime.