Hard Drug Users Escaping Penalties And Convictions

[grace]

USERS of heroin, meth-amphetamines, cocaine and ecstasy are avoiding fines and charges if caught in possession of the drugs on the streets.

 

The State Government has rejected calls to change legislation that waives penalties for users who are found with a "personal use" amount of drugs other than cannabis, if they agree to attend a counselling session.

 

If they attend the Drug and Alcohol Services SA counselling session, which consists of a health assessment, no charges are laid and no record kept.

 

Under the law, in place since 2001, a person can be found with up to 30g of opium, 2g of cocaine, 2g of heroin, 400g of methadone, 2g of methamphetamine or ecstasy or 20g of morphine, and not be charged.

 

This makes the penalties for possessing small amounts of hard drugs more lenient than for those found in possession of cannabis.

 

Since 2006, users found possessing up to 100g of marijuana, 20g of hash or one non-hydroponic cannabis plant have faced an on-the-spot fine of up to $300.

 

11,500 people participated in the Drug Diversion Agreement between 2001 and 2009.

 

The Government has rejected proposed changes to the Controlled Substances Act to impose fines on users, suggested by Family First MLC Dennis Hood in Parliament last week.

 

Family First withdrew its amendment after the Government informed the party it was opposed to the move.

 

"This is plain stupidity," Mr Hood said.

 

"The message is, whether intentional or not, very serious drugs are being decriminalised in South Australia, which is an absolute disgrace."

 

"It is part of the reason we are in such desperate trouble at the moment with drug use being one of the major factors behind high rates of violent crime, particularly in respect to amphetamine usage."

 

Independent MLC and anti-drugs campaigner Ann Bressington said some users were not attending the counselling sessions anyway.

 

"If they don't show up, nobody cares and nothing is done about it, so they get away without a fine and without having to front up to get information on the drugs they're using," she said.

 

She said current laws essentially "decriminalised" hard drugs.

 

"It's a double message, they're illegal, but you can have so much on you and we'll fine you for it, but that's all we're going to do."

 

"This is about getting the message out there that drugs are unacceptable, and I don't believe we're sending a strong enough message to our young people."

 

A spokesperson for Attorney General John Rau said the Government supported the drug diversion initiative, saying it had produced good results.

 

"Evaluation shows the diversion system is working well," he said.

 

"We are satisfied...the drug diversion initiative has substantially increased the number of people receiving drug education and assessment and there is a very high percentage of those who do not require rediversion."

 

Drug and Alcohol Services SA said following the health assessment there was no further obligation on the individual under the act.

 

DASSA spokeswoman Marina Bowshall said users were not required to proceed with rehabilitation programs following an initial assessment.

 

"The only obligation for them under the act is to engage in that assessment," she said.

 

DASSA was unable to provide statistics for the number of people who attended who proceeded with further diversion treatment.

 

South Australian Council of Social Service executive director Ross Womersley said harm minimisation strategies worked in some but not all cases.

 

"There's no doubt that there's certain people in the population for whom it is very helpful, very effective and cost-effective," he said.

 

"However, there are some people for whom that doesn't work.

 

"That's why the court has some capacity to make judgement around those things, the court does make decisions from time to time as to whether or not someone will be successful in that kind of process."

 

"It's about trying to get to people as early in the cycle of bad behaviour as we possibly can, and about trying to invite people to understand the implications of their bad behaviour."

 

Mr Hood says that while he has no problem with harm minimisation strategies, on the spot fines were also needed.

 

"Harm minimisation has it's place, and we need to do all wee can to ensure addicts aren't unnecessarily harmed by their addiction, but we need to send a clear message that these drugs are illegal and cause incredible harm not just to the individual user but to society at large."

 

Author: SARAH MARTIN

Date: 4 October 2010

Source: The Advertiser

http://www.adelaidenow.com.au/news/south-australia/hard-drug-users-escaping-penalties-and-convictions/story-e6frea83-1225933551119

 

64 comments on this story

[cybergenesis]

Wow I was thinking of posting this, but you beat me

 

This is VERY interesting.

 

I actually didn't know they were this soft on hard drugs, they are almost too soft- some of the amounts quoted in the article are HUGE.

 

They are fat more tolerant for posession of hard drugs than they are pot!

 

Man if I was ordered to one of these drug councelling sessions for pot, I would be such a rude arrogant cunt about it hey. They would HATE ME. Quite a significant chance they would refuse to work with me, and kick me out threatening to call the police, thats how much I like the idea of being forced to be "educated". I would tell them I think they are pathetic wankers who know NOTHING. Its something that will probably get me in jail one day, but I simply cannot stand fuckwits in positions of power over me, telling me how they think it is, I will tell them to go FUCK THEMSELVES, I can think for my fucking self thankyou very much.

 

I am pathologically antiauthority, my own psychiatrist noted this about me many years ago, saying she realize that with me, nothing produced a worst outcome than trying to force me into something.

I simply learned one truth, humans in positions of power over others, often become egotistical, judgemental, and high on their own control- human being cannot be trusted with power. Unless a system of authority has the HIGHEST level of accountability and transparency- watch out! People in power almost invariably start to believe it is their RIGHT to hand down judgement upon others, and that they are superior as human beings to the people they have power over.

 

I know society can not work without some form of heirachy, but that does not mean that I do not hate it, and think civilization has a LONG way to go yet. I still think the society I live in is backwards and primitive in a sociological sense.

Edited October 6, 2010 by cybergenesis

[rollingnumberspassingtime]

This makes exactly zero sense.

 

30grams of Opium, I'm no expert but that seems like a lot.

[mark601]

In WA over 1 gram of powder is intent to sell & supply & is a prison sentence if 2nd offence

[Sylar420]

Total disgrace this is! dope gets you fined and charges hard drugs get u a slap on the wrist? so if i was young and looking at doing drugs it seems hard drugs are the way to go, grate message they are sending the youth!

[buzzo]

This forum is the best way around this problem.

 

The promotion and help afforded by everyone here to grown one's own will take way

the Government's need for intervention.

 

I know that's not what some of the punter's on here want to hear ..but you can't please everyone.

[andrewb]

a pity weed isnt included.