War on Drugs: A Complete and Utter Failure?

We have written many blogs about the failure of the ‘War on Drugs’, which has waged on for decades around the world.

For over a generation, drug users have been prosecuted, punished and even locked up – often for minor offences including drug possession and small supply, despite studies and reports overwhelmingly reaching the conclusion that punitive approaches are ineffective, and even counterproductive.

Despite a wave of experts recommending that drugs like cannabis and ecstasy should be legalised, law enforcement agencies have recently been given expanded powers and resources to detect and prosecute minor drug crime.

But it is hoped that changes to drug policy may be on the horizon, with the National Drug and Alcohol Research Centre at the University of New South Wales announcing a new study into Australian policing strategies and whether they have in fact been effective in deterring drug crime.

Aims of the Study

The study is a collaboration between several researchers at the UNSW, an academic based at the University of California, and Dr Don Weatherburn of the Bureau of Crime Statistics and Research (BOCSAR).

It aims to provide a broad overview of whether or not existing drug enforcement strategies have been effective in deterring drug use and supply.

It aims to specifically examine the effectiveness of drug policing strategies at festivals and clubs – including the use of sniffer dogs.

Previous research suggests that the use of drug detection dogs is ineffective, with dogs frequently giving false indications. Statistics show that 64% of searches result in drugs not being found, despite a positive indication by a sniffer dogs.

Despite such research, governments continue to spend millions of dollars every year on the sniffer dog programs, hoping that they will ‘deter, discourage or prevent drug offending.’

It estimated that the government spends a total of $1.7 billion annually enforcing our outdated drug laws.

How Will the Study Work?

The study is comprised of three parts.

The first is the National Drug Policing Survey, which will invite Australian residents aged 18 years or over to answer questions about ‘the impact of Australian policing strategies on drug and alcohol use and drug selling at outdoor music festivals and licensed entertainment precincts.’

Researchers have specifically chosen these settings as they are ‘two of the most common sites at which policing occurs.’

The prevalence of drug detection dogs at these locations is likely due to the fact, under section 148 of the Law Enforcement (Powers and Responsibilities) Act 2002, police do not require a warrant to use sniffer dogs or carry out general drug detection operations in relation to persons in, or entering or leaving pubs and clubs, or persons at, or seeking to enter or leave a public place at which a sporting event, concert or other artistic performance, dance party, parade or other entertainment is being held.

The second part of the study will involve researchers following up on sixty participants over the course of three months ‘to examine impacts of drug law enforcement under real world policing conditions.’

The final part will involve analysing the results of the first two components to determine how to best develop drug policies for the future.

Benefits

Facilitators of the study say that it will ‘provide the first comprehensive assessment of the impacts of policing: including the extent to which police can be expected to prevent and reduce harms from drug use, possession, purchase and drug trafficking.’

It is hoped that the results will provide some insight as to whether Australia’s current approach to drugs is effective – or whether there is, as predicted, room for improvement.

In particular, it will provide concrete evidence about whether the use of sniffer dogs at festivals is effective, and whether it has undesirable side-effects such as encouraging drug users to take risks like quickly swallowing numerous pills before reaching the venue – or at the venue – to avoid detection (‘pill-loading’).

The study follows repeated calls for sniffer dogs to be banned from live music events, after a number of people tragically died after ‘pill-loading’.

In 2013, 23-year-old James Munro passed away after consuming 3 ecstasy pills at the Defqon 1 music festival at the Penrith Regatta Centre. Speaking to the media after his death, James’ father, Stephen Munro, said that his son had quickly consumed the pills altogether because of ‘a police presence at the gates and a concern he would be detected.’

It is hoped that the results of the National Drug Policing Survey and the subsequent analysis will pave the way to a safer approach to drug use that will ensure further deaths are avoided.

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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