High Rate of Aussies Charged with Drug Possession

Australia officially has the highest proportion of recreational drug users in the world according to the United Nations World Drug Report released at the end of last year.

The report found that Australians are the world’s highest users of ecstasy, third highest users of methamphetamine and fourth highest users of cocaine. Although we top the world for ecstasy use, this appears to be the only drug actually declining in use. Cannabis, hallucinogens, cocaine, inhalants and solvents all appear to be on the rise, according to the figures.

The use of prescription drugs like codeine and morphine in Australia is also high, coming second to the US with users mostly being women aged between 15 and 65.

Within NSW, the rate of arrests for drug possession is higher than ever with figures doubling over a period of six years. Even though law enforcement has directed a stronger effort against drug offences, with a large number of high profile drug operations and arrests taking place, this increased enforcement appears to have done little to actually reduce the number of people taking drugs.

According to National Household Drug Survey figures, more than 1 million people, around 14% of the population of NSW, have used illicit drugs in the past year. Cannabis is the most popular, and cocaine is used more frequently in NSW and the ACT than in the other states. A large proportion of the increase in arrests for drug use has been for cannabis possession, while arrests for drug supply have remained fairly stable.

Why are drugs so widely used in Australia?

There have been a number of reasons suggested for the high use of illicit drugs in Australia and NSW in particular. It is believed that demand for illicit drugs has followed an increase in social and economic disadvantage on one hand, while on the other hand there’s a generation of Australians who want an escape more than ever, and also with more money to spend who often buy more expensive drugs like cocaine.

How could this figure be reduced?

Clearly, being charged with drug possession is not the deterrent that many people assume it to be. There have been a number of suggestions made to help reduce the rate of drug use in NSW, and increased enforcement is often a popular choice, in spite of the fact that it doesn’t appear to have any significant effect.

Suggested alternatives to enforcement and penalisation

The NSW Bar Association recently released a controversial report suggesting an alternative to increased enforcement as a way to reduce overall drug use. In the discussion paper, released in November last year, the Bar Association suggested that a process of decriminalisation and government regulation could be far more effective in dealing with the harmful health and social effects of drugs in Australia, as well as have the potential to disrupt organised crime which is often behind illicit drug trafficking.

The NSW Bar Association noted that the financial and social costs that arise from the use of legalised drugs like tobacco and alcohol are at least equivalent to the cost of illicit drugs, and in the case of tobacco, outweigh them substantially. It also pointed out that cost of cannabis use is far below that of other drugs, including legal ones.

A number of disadvantages to the current prohibitionist approach to drug use are also pointed out in the discussion paper. These include:

  • A high number of overdoses from lack of regulation on strength of drugs.
  • Social problems like increased crime by users to pay for drugs.
  • Unregulated black markets.
  • Growth of organised crime and criminal networks.
  • Reduction in respect for the law.

In addition to the harm that is shown to be caused by a heavy-handed approach to drug use, figures have shown that penalising and increasing the rate of arrests does nothing to actually reduce the amount of drug use in Australia and NSW in particular.

The discussion paper suggests a process of highly regulated legalisation of drugs as an alternative to enforcement and criminalisation. The Association believes that this could help reduce a number of issues that come with penalising and arresting drug users, including the prevalence and power of the black market. It also believes that this could help to reduce the cost of drugs so that users don’t resort to criminal activity to pay for them, and says a stronger focus on health and rehabilitation services is needed.

Decriminalisation would also potentially ensure a consistent quality and concentration of drugs, which could help prevent overdoses and adverse reactions experienced by users, which sometimes lead to death. By putting control of the drug supply and manufacture in the hands of the government, the criminal networks would lose power and this could potentially lead to longer-term advantages for society and less crime.

Clearly the current system of law enforcement is doing nothing to reduce the incidence of drug use in Australia, as the figures show. With Australia among the highest in the world when it comes to the use of illicit drugs, perhaps a different approach is needed if there is going to be a real change.

Ugur Nedim About Ugur Nedim
Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney’s Leading Firm of Criminal & Drug Defence Lawyers.

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