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Lecture
Criminal Law And Process B (LLB 180)
University of Wollongong
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Drug Law and Policy
Criminalising Drugs
Patterns of drug use Pleasure and/or addiction.
Why criminalise some drugs? Drug-related harms Health: morbidity/mortality Economic costs to society: health system, policing, productivity loss Crime: organised crime association, acquisitive crimes Criminalisation may cause more harm/cost Sharing needles heroin Policing illicit drugs Criminalisation of some drugs may relate more to societal views, history, economics, etc. rather than harm.
History of Australian drug law and policy 19 th and early 20th century Widespread use of narcotics (opioids, cocaine) for ‘medicinal’ use Opium Act 1895 (SA) First legal prohibition of non-medicinal use. Early 20th century Two separate regimes established: licencing regime for medicinal drugs, criminalisation for non-medicinal drugs. Policy intertwined with racism Anti-Chinese sentiments led to smoking opium being banned. Lesser now in contemporary policies.
Summary Drug use is very common Reason for criminalising drugs may not always fall under harm justification. Arguably criminalisation has more to do with history, politics and culture than clear rationales. Whilst a substance requires regulation, criminalisation is not only or necessarily best response.
Activity How common is illicit drug use in Australia?
What is the most widely used illicit drug? Cannabis (10%), followed by cocaine (2%) and ecstasy (2%).
Introducing Contemporary Drug Law and Policy
Early 20th century developments Increasing restrictions on heroin, morphine and cocaine. 20’s, 30’s restrictions on drug use and supply. Established not as a plan to create a system of control, rather responding to pressure step by step. Hague Convention 1912 and Geneva Convention 1935 committed Australia to a prohibitionist approach.
After WWII New drugs/wider availability Changing profile of users to young people Shift from British to US influence, thus political ‘war on drugs’ influence and more focus from politics.
1980’s onwards (NSW) Adoption of harm minimisation through formal policy Attempt to establish separate regime for medical drugs Drug Misuse and Trafficking Act 1985 (NSW)
Harm minimisation in NSW Opposite to prohibition approach, awareness that drug-use cannot be entirely stopped. As it occurs in different forms on a spectrum, from one-time to addiction, requires different approaches.
Policy mix NSW Prohibition via criminal law Criminal law and enforcement Harm minimisation Harm reduction strategies, e. methadone programs, safe injecting rooms ‘Therapeutic’ criminalisation Harm and use reduction, e. Drug Court, MERIT program. Move to de-penalise/de-criminalise cannabis: Cannabis caution scheme Terminal illness cannabis scheme
Tension Between Harm Minimisation and Law Enforcement
Commitment to harm minimisation approach but still criminal offence for possession and supply, conflict inevitable. Tough distinction between users and dealers creates tension, focus of Police meant to be on suppliers but about 82% of arrests on users (AIC, 2009) Example is prohibition versus pill testing at festivals. Arguments that pill testing ‘condones’ drug use however number of deaths brings need for change. Pill testing acknowledges inevitability of drug use and focuses on harm minimisation.
Activity
Lecture
Course: Criminal Law And Process B (LLB 180)
University: University of Wollongong
