Prohibition is Failing to Reduce the Social, Economic and Health Risks of Illicit Drugs

Federal law enforcement agencies are boasting of two “major drug seizures” during a 48 hour “blitz” at Sydney Airport from 21 to 23 September 2024.

But drug reform experts assert that such “victories” are merely a pin prick to the bodies of international crime syndicates, which continue to profit and indeed grown despite several major drug raids in recent years.

They point out that the war against drugs is an abject failure, costing billions of dollars in enforcement, social and health costs each year, that drug ‘mules’ and even syndicates are readily replaced, that rates of importation and supply are higher than ever, and that moving toward a regulated drug supply market would see enormous economic, social and health benefits for our nation, as it has in countries such as Portugal and Norway.

The Latest Busts

The latest blitz was headed by the Australian Federal Police and Australia Border Force, who say they resulted in the arrest on 21 September of a 41-year old Canadian-Ecuadorian dual national with 6 kilograms of cocaine in his underpants, and a 23-year old United States national on 23 September who allegedly had 21 kilograms of cocaine and 21 kilograms of methamphetamine concealed in two suitcases.

Both men have been charged with importing a commercial quantity of border a controlled substance, which is an offence that carries a maximum penalty of life in prison.

The arrests come in the wake of a recent operation headed by the New South Wales Police Force which claims to have dismantled an organised crime network dubbed ‘The Commission’.

Drugs and Associated Problems Persist

Similar raids have occurred in recent years, with authorities claiming to have smashed drug networks. But the fact of the matter is there are others in line to replace them, and the drugs as well as associated violence and economic, social and health harms keep coming.

In fact many high ranking members of law enforcement agencies as well as prosecutorial bodies concede the war against drugs is doing more harm than good, joining to advocate for an approach which sees illicit drugs as a health rather than criminal law issue.

Victoria police sergeant and Australian representative for Law Enforcement Action Partnership, Greg Denham, has heavily criticised extreme hands-on law enforcement approaches to criminalising illegal drugs. Former police officers have even admitted that doing drug busts during their tenure was not doing anything to help the black market. 

Another similar police force member who justified Denham’s claims was AFP Commissioner Mick Palmer, who stated that drug busts ‘made no difference’. 

Even more, the NSW Crime Commission Annual Report 2015-16 stated that the drug busts have ‘little, if any, effect on the quantities of prohibited drugs available.’ 

More Arrests Does Not Mean More Safety

Regarding data and stats, police making more arrests can often correlate to the public’s perception of effectiveness or safety in their community. However, in Australia, more arrests relating to illicit drugs and substances do not necessarily contribute to the prevalence of drug use or the health and wellbeing of individuals. 

The Illicit Drug Data report in the Australian Criminal Intelligence Commission stated that Australian police dictated a record number of drug seizures in 2014-2015, which showed a near-14% increase from the past year. During the same time, drug-related arrests simultaneously increased by almost 20% — a staggering figure that shows drug use is not declining with increased police presence. 

Within the last decade, drug use in the country has increased. More than 40% of people aged 14 years and older have used drugs during their lifetime, including 15% in the last year. The National Drug Safety Household Survey also stated that almost 9% of the population in 2013 had been a part of an illicit drug-related incident. 

Decriminalisation of Drugs Around the World 

Australia could greatly benefit from following the lead of other countries that have successfully decriminalised illicit drugs. Given the prevalence of drug-induced deaths and other health issues, such as HIV infections, decriminalisation could pave the way for significant reforms and regulations, ultimately leading to a reduction in unnecessary deaths. 

One of the countries that has chosen to decriminalise illicit substances, ranging from cannabis to heroin, is Portugal. After drug use became country-wide, leading to an HIV/AIDS epidemic, drug-related crime, and deaths, the authorities initially responded by creating harsher punishments, deploying added police, and stigmatising drug use. 

But, due to the ineffectiveness of their initial tactic, they changed their focus. Portugal has kept a reasonable law that a person in possession of drugs more so than what is considered for personal use will still be charged with drug trafficking, but if a person has less than a 10-day supply, they won’t be arrested.

Those caught with a 10-day or less supply will be sent to the Commission for the Dissuasion of Drug Addiction panel. This panel, which consists of a lawyer, social worker, and doctor, will assess the individual’s situation and recommend the most appropriate form of intervention, which could include treatment, education, or community service. This approach has been successful in reducing drug use among young people in Portugal. 

Decriminalisation in Australia

For drug use to decline in the country, decriminalising illicit substances needs to happen in the same way that it did in Portugal. Running more drug busts and increasing the number of arrests does not decrease the prevalence of drug use; stats have shown the opposite. 

Australia will have to implement one of the two types of decriminalisation for illicit substances:

1. In law — Possession and personal use isn’t a criminal offence (like in Portugal); it leads to a fine or treatment plan. 
2. In practice, personal use and possession are offences, but the court system could use the facts to its discretion when imposing punishment. 

Currently, ACT, SA, and NT have in law decriminalisation. All Australian states currently enforce in practice decriminalisation. 

If the country imposes decriminalisation of illicit substances, other ‘punishment’ methods that do not involve prison time include:

1. Cautions — First-time offenders could be given a warning instead of being charged with a crime. 
2. Fines — A person can pay a fine instead of being given a criminal charge. 
3. Diversions — Redirection to a health centre, treatment program, or educational centre. 

Currently, SA and NT issue fines instead of charging individuals for those who are carrying a small amount of cannabis. On the other hand, NSW issues a caution or a warning to those with a personal amount of cannabis. 

When it comes to reoffending, cautions, fines, and diversions have been proven to reduce rates and improve the health and well-being of the accused. 

Do Australians Support Decriminalisation?

Australia conducted a recent national drug survey which found that just over 20% of people thought cannabis possession should be considered a criminal offence. More than 40% of people wanted to legalise cannabis, in addition to an increased amount of support for decriminalising ecstasy and cocaine. 

For those who have been found guilty of a possession charge, or want to know the ever-changing drug laws in the country as a whole, understanding your rights is key. Drug busts and police ‘crackdowns’ do little to protect your health or your safety, but decriminalising illicit substances could lead to much lower reoffending and drug use rates. 

Contact Sydney Criminal Lawyers to see how to carefully navigate this space moving forward.