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Information on this website will be published in accordance with the Guidance on Caretaker Conventions until after the election and conclusion of the caretaker period. Canberra's drug laws are changing to encourage access to health services. Find out what is changing and why. The changes mean maximum penalties for possessing small amounts of some illegal drugs for personal use have been reduced. The reforms aim to divert people who use drugs away from the criminal justice system and encourage them to access health services. Drug use is not safe or encouraged, and police will still confiscate any illicit drugs you are holding. It is still illegal for you to drive with any level of illegal substances in your system. The ACT takes a strong stance against drug trafficking and drug dealers. Possession of larger amounts of the drugs covered by the legislation, or any amount of drugs other than those listed below, will still attract higher fines and potential prison sentences. There are no penalties for low-level adult possession of cannabis. This means you can be eligible for a diversion if you have no more than 5 MDMA, lysergide or lysergic acid doses, such as capsules or tablets. If an individual has 2 different types of eligible illicit drugs, they may be eligible for a Simple Drug Offence Notice SDON if they have no more than per cent of the small quantity limit of each drug. If they carry smaller amounts of multiple drugs which add up to no more than per cent of a small quantity limit, they may still be eligible for an SDON. For example, 1. A person may be eligible for an SDON if they had:. However, if they had the same amount of amphetamine and cocaine as above, but 0. If the person is under 18, small quantities of cannabis are included in this calculation. If the person is 18 or over, small quantities of cannabis are not included in this calculation. Police will confiscate the drugs and take them away to test and weigh them. This will inform police if someone is eligible to receive a Simple Drug Offence Notice. The CHS diversion service will contact the person and set up a time for the health session. Once the person has attended a session, police will be advised and will take no further action. The person does not get a Simple Drug Offence Notice or a criminal record at this time, but their details will be in the police internal system. If the person does not satisfy the drug diversion or requests a fine, CHS will advise police. If eligible, police may issue a Simple Drug Offence Notice. The session is a one-off 1-hour assessment with Canberra Health Services, either face-to-face or via telehealth. The session involves a health assessment to assess your well-being and to identify any need for support or early intervention relating to problematic drug use. Staff provide assessment, education around harm minimisation and can assist in creating external referrals to further support you if needed, however this is voluntary. The session provides harm minimisation information in relation to drug use. It is useful even if you continue to use drugs. The session helps to identify whether you have a health issue and gives you information to support your health and wellbeing. The ACT Government is committed to a harm minimisation approach to the use of alcohol, tobacco and other drugs. These changes aim to reduce the harm associated with illegal drugs with a focus on diversion and access to treatment and education. By directing people to a drug diversion program, people who use drugs will be offered the health services and support they need while providing a pathway away from the criminal justice system. The reforms aim to reduce the potential long-term negative impacts for all Canberrans, particularly young people, of getting a criminal conviction for a minor drug possession offence, for example on employment prospects. This reform is supported by extensive consultation and input from policy experts, local and national alcohol and other drug sector advocates, service providers, ACT Government directorates and ACT Policing. The ACT Government is committed to ongoing work in drug policy with our valued community sector partners. Research indicates that rates of drug use are not strongly linked to levels of punishment for personal possession. However, the Government will carefully monitor drug trends following the changes. These changes do not affect how clubs and venues manage their patrons. It is still illegal to take any level of drugs in a public club or venue and anyone doing so can be instructed to leave by management. Police can still intervene if a person under the influence of drugs is behaving in a dangerous or threatening manner. Police can still prosecute people for other offences that occurred at the same time as the drug possession offence. Under the Liquor Act a person is considered intoxicated if their speech, balance, coordination, or behaviour is noticeably affected and it is reasonable in the circumstances to believe it is the result of the consumption of liquor, drugs, or a combination of both. The Liquor Intoxication Guidelines No 1 provide practical guidance to licensees and their employees about the signs of intoxication, ways to reduce incidence of intoxication, and what to do if someone demonstrates signs of intoxication. Venues can also contact Access Canberra for general information about Responsible Service of Alcohol and other questions at complianceandinvestigations act. The ACT Government is working with community service providers to provide information on the changes to their clients. If you need support in relation to your drug use, call the National Alcohol and Other Drug Hotline on Home Health Living healthy in the ACT Drugs, alcohol, smoking and vaping Drug law reform Drug law reform Canberra's drug laws are changing to encourage access to health services. The legislation will be independently reviewed after two years of operation. Quantities and types of illicit drugs included in the changes Drug Small quantity Amphetamine 1. Holding two or more different drugs If an individual has 2 different types of eligible illicit drugs, they may be eligible for a Simple Drug Offence Notice SDON if they have no more than per cent of the small quantity limit of each drug. What is changing Maximum penalties for possessing small amounts of some illegal drugs for personal use have been reduced, as listed in the table on this page. If the person does either of these things, no further action will be taken. If you are in possession of drugs and charged with other offences, it is likely that you will be charged with drug possession offences at the same time — you will not be referred to a health session or issued a fine. In most instances, police will seek to divert or fine an individual. However, police will retain the power to summons or arrest an individual to appear before a court, particularly when other offences are involved. What is not changing The listed drugs are still illegal and drugs will be confiscated. It is still illegal for a person to drive with any level of illegal substances in their system. These changes do not affect the cannabis reforms. Rules about cannabis, including personal possession limits and the number of plants that a person can grow, will still apply and be enforced. If a person is in possession of drugs and charged with other offences at the same time, it is likely they will be charged with drug possession offences alongside the other offences rather than referred to Canberra Health Services or issued a fine. It is still illegal to supply and manufacture drugs. Penalties for these offences will not change. The process when someone is found with a small amount of drugs Police will confiscate the drugs and take them away to test and weigh them. To satisfy the Simple Drug Offence Notice, the following must be completed within 60 days: Pay the fine via the Access Canberra website over the phone or in person; or Complete a health session with Canberra Health Services. Once the person has attended the session there will then be no further action. The health education and information session The session is a one-off 1-hour assessment with Canberra Health Services, either face-to-face or via telehealth. Purpose of the reforms The ACT Government is committed to a harm minimisation approach to the use of alcohol, tobacco and other drugs. ACT Government approach to reforms This reform is supported by extensive consultation and input from policy experts, local and national alcohol and other drug sector advocates, service providers, ACT Government directorates and ACT Policing. Information for businesses and licensed venues Nothing changes for licensed venues under the reforms. Information for community groups and organisations The ACT Government is working with community service providers to provide information on the changes to their clients. Support services If you need support in relation to your drug use, call the National Alcohol and Other Drug Hotline on Living healthy in the ACT.

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