The ACT Greens are looking at illicit possession of prescription drugs as the next step for expanding decriminalisation in the Territory. Photo: Pharmacy Facebook.
Possessing a prescribed drug without a script is currently a crime in the ACT, but this is something that could change in the next four years.
The Territory has already decriminalised possession of small amounts of illicit drugs – first, it was cannabis in 2019 and, more recently, drugs such as cocaine, meth and heroin.
ACT Greens health spokesperson Emma Davidson has turned her mind to what she described as the “next logical step” for the law: decriminalising personal possession of prescription medications without a script.
“Any substance – medicines used without a prescription or illicit drugs – might be used recreationally or to self-medicate,” she said.
“For any reason that these substances are being used, it should be a health issue, not a criminal issue.”
Ms Davidson has specifically been looking at what are known as ‘schedule four substances’ that require a doctor’s script to access and are usually located behind the counter at a pharmacy.
Prescription drugs that fall under this category include methadone, ketamine, oxycodone, fentanyl and some ADHD medications.
Currently, possessing one gram of heroin in the ACT carries no criminal offence, but carrying a substance such as ketamine or methadone without a prescription could see a person receive a maximum $32,000 fine, two years imprisonment, or both.
“This unacceptable inconsistency needs to change,” Ms Davidson said.
“Harm reduction saves lives; criminalisation undermines harm reduction.”
There is evidence people are using medicines without a prescription in the community.
CanTEST’s monthly summaries show medications such as ketamine and fentanyl are being brought into Canberra’s fixed pill testing site.
Its recent report for 21 March to 20 April showed that 26 samples that were meant to be ketamine were submitted to the facility during that time frame.
The expected drug turned up in 21 of those samples with purities ranging from 30 to 87 per cent.
Other drugs detected instead of the expected ketamine included diphenhydramine (an antihistamine and sedative) and a relatively new and unstudied recreational designer drug, which was detected for the first time in Australia by CanTEST in 2022.
Prescription drugs bought on the black market carry the risk of not containing what’s expected, as it is from an unregulated source.
Ms Davidson said the fact people were presenting illicitly bought prescription drugs to CanTEST showed they wanted to have health-related conversations about their addiction to or reliance upon such medications.
“Nobody goes out wanting to get an addiction to [for example] methadone or ketamine … but some people find themselves in this circumstance,” she said.
“Some people choosing to access these things without a proper prescription do have real health-focused needs they’re trying to meet … but the system’s clearly not enabling them to meet that need.
“We want someone in this situation to be able to have a conversation with someone focused on their health … rather than worrying about shame, being stigmatised or fearing a criminal penalty.”
Ms Davidson said this was a position that her party was “absolutely committed” to but that the current government wasn’t considering it at the moment.
She hopes this is something she could bring forward as a bill in the next term of the Assembly.
“Our job is not over.”
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