New South Wales drug law will be dramatically changed by new laws that divert individuals caught with small amounts of illicit substances away from the Courts. The recent changes will create a ‘two-strike’ process whereby individuals who are caught by Police with small quantities of illegal drugs for personal use will be issued with a fine rather than be sent to Court for a hearing.
This change comes after criticism of NSW drug law schemes being too harsh on those who possess small quantities for personal use only. Ryan Park, the NSW Health Minister, has commented that drug use is a health issue, and thus, the same is better addressed through health support rather than the criminal justice system. This change in NSW starts to fall in line with that of the ACT, where the Labour-Greens government also decriminalised the possession of small quantities of drugs. Interestingly, in September, NSW Premier Chris Minns commented following the change in the ACT that there were no plans to contemplate drug decriminalisation in NSW and that if he were to be voted in again, such conversations would occur afterwards. However, many MPs, along with many community members, were disappointed by this since there is an understanding that the hard stances against drugs in the past have only increased drug-related deaths.
Currently, individuals who are found guilty of possessing drugs have to attend Court and can face up to two years imprisonment or a fine of up to $2000.00. Under the new laws, Police officers will have the power to issue a Criminal Infringement Notice amounting to $400.00 to adults caught with small quantities of drugs for personal use on two occasions. Individuals could choose to pay the fine, or they will be given the opportunity to complete a drug and alcohol intervention where they will be eligible to have the issued fine wiped. While it is not mandatory for the Police to issue a fine, this power will be at their discretion to be used when they deem it an appropriate alternative to issuing a Court Notice.
These new laws will bring NSW in line with the other Australian states and territories and are also in agreement with what many experts in the area of drug law have stated and with the findings back in February 2020 by the Ice Inquiry led by Dan Howard. The Inquiry recommended a complete decriminalisation of drug possession in NSW, introducing pill-testing music festivals and abolishing drug dogs. The previous government took over two years to respond to these findings as there was a significant disagreement in the Cabinet regarding the suggested changes. Despite the changes to how individuals will be dealt with when in possession of small amounts of drugs, the government still maintains a hard stance on rejecting the proposal to run a pill-testing trial now that we are in the festival season. This is even so after the deaths of two young men and ten more people hospitalised after a festival at the beginning of this month.
Despite the many changes that are required in the area of drug law, this is an essential step in the right direction and hopefully the beginning of many. Yasmin Catley, the Police Minister, has stated that the new scheme will lead to better outcomes for low-level offending without compromising safety. This change will also align NSW with other Australian states and territories and is welcome by many nationwide.