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The Drugs of Dependence (Personal use) Amendment Act 2021 is an law in force in the Australian Capital Territory that decriminalises possession of small personal quantities of psychoactive drugs.[a] The bill was introduced by Michael Pettersson, a ACT Labor MLA in 2021.[1]

Possession limits

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ACT residents are able to possess up to 5 doses of MDMA under the law.

Under the ACT law, residents are able to possess up to:

Drug decriminalisation bill

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The Drugs of Dependence (Personal use) Amendment Act 2021 is an law in force in the Australian Capital Territory that decriminalises possession of small personal quantities of psychoactive drugs.[l] The bill was introduced by Michael Pettersson, a ACT Labor MLA in 2021.[1]

Drugs of Dependence (Personal Use) Amendment Act 2021
Parliament of the Australian Capital Territory
  • An act to amend the Drugs of Dependence Bill 1989
Territorial extent ACT
Australian Capital TerritoryJervis Bay
Considered byACT Legislative Assembly
Enacted byACT Parliament
Enacted20 October 2022
Assented toN/A[m][2]
Commenced1 February 2023
Legislative history
Introduced byMichael Pettersson (ALP)
Introduced10 August 2023
Committee responsibleSelect Committee on the Drugs of Dependence (Personal Use) Amendment Act 2021
First reading11 February 2021
Voting summary
  • Labor and the Greens voted for
  • Liberals voted against
Summary
A passed law the legalised the possession of small amounts of illicit drugs; MDMA, Amphetamine (speed), Cannabis[n], Cocaine, Heroin, Lysergic acid, LSD, Methadone, Methamphetamine (meth, ice]], Psilocybin (magic mushrooms, caps).
Keywords
Drug decriminalization
Status: In force

A committee was formed to report on the bill. The committee consisted of three members, one from each party in the Assembly, and it was agreed that the opposition (ACT Liberals) member would chair. The elected members of the committee were:[o]

The Secretariat of the committee were:

  • Dr David Monk - Committee Secretary;
  • Ms Sophie Milne - Research Officer; and
  • Ms Lydia Chung - Administrative Assistant

Report

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The committee reported on 30 November 2021.[p] The Liberal Chair, Mr Cain, concluded with the following:

"The bill fails to;

  • offer a whole-of-government approach to this complex policy area;
  • consider the risks and unintended consequences involved in decriminalisation, including elevated risks of attracting drug tourism, further investment by drug producers and suppliers, and increased trafficking;
  • recognise that criminalising possession is for many a deterrent to adopting such behaviour;
  • recognise that diversion in the ACT is already working reasonably well; and
  • satisfactorily resolve the issues around the conflict with Commonwealth law."

Mr Cain also added that he, as chair, recommended that the bill not pass. This was in opposition to the views of both the Labor member, as well as the Green member.[q]




Notes

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  1. ^ Including MDMA, Cocaine, Heroin, Amphetamine, Methamphetamine, Lysergic acid, LSD, Methadone and Psilocybin mushroom.
  2. ^ Also known by street name 'speed'
  3. ^ Also known by street names: 'blow'; 'coke'; 'crack'; 'marching powder'.
  4. ^ Also known by street names: 'meth'; 'ice'.
  5. ^ Known by street names: 'MDMA'; 'ecstacy'.
  6. ^ Discreet dosing units, meaning individual doses. For example, individual ecstacy tablets are considered doses.
  7. ^ Also known by street names: 'marijuana'; 'ganja'; 'weed'.
  8. ^ Also known by street names: 'marijuana'; 'ganja'; 'weed'.
  9. ^ Discreet dosing units, meaning individual doses. For example, individual ecstacy tablets are considered doses.
  10. ^ Discreet dosing units, meaning individual doses. For example, individual ecstacy tablets are considered doses.
  11. ^ Also known by street names: 'magic mushrooms'; 'caps'.
  12. ^ Including MDMA, Cocaine, Heroin, Amphetamine, Methamphetamine, Lysergic acid, LSD, Methadone and Psilocybin mushroom.
  13. ^ Unlike bills of all other Australian states and territories, including the Federal Parliament, ACT bills are not given royal assent due to the fact that the ACT has neither an Administrator, or a Governor.
  14. ^ The ACT had previously decriminalised cannabis use in 2020.
  15. ^ https://www.parliament.act.gov.au/__data/assets/pdf_file/0006/1908789/Report-Inquiry-into-the-Drugs-of-Dependence-Personal-Use-Amendment-Bill-2021-with-dissenting-report.pdf
  16. ^ https://www.parliament.act.gov.au/__data/assets/pdf_file/0006/1908789/Report-Inquiry-into-the-Drugs-of-Dependence-Personal-Use-Amendment-Bill-2021-with-dissenting-report.pdf
  17. ^ https://www.parliament.act.gov.au/__data/assets/pdf_file/0006/1908789/Report-Inquiry-into-the-Drugs-of-Dependence-Personal-Use-Amendment-Bill-2021-with-dissenting-report.pdf

References

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  1. ^ a b "Australian Territory Decriminalizes Small Quantities of Hard Drugs". Voice of America. 2023-10-28. Retrieved 2024-07-06.
  2. ^ https://www.parliament.act.gov.au/visit-and-learn/resources/factsheets/how-laws-are-made