The ACT has become the first jurisdiction in Australia to decriminalise small quantities of illicit drugs.

The legislation, initially introduced in 2021, is intended to move the ACT towards a “health-based approach to drug use”.

Decriminalisation does not mean legalisation. However, people caught with small amounts of illicit drugs will face fines or be directed to drug counselling, rather than criminal penalties. 

This approach targets low-level drug users and those struggling with addiction, steering them away from the criminal justice system and towards support services.

The allowable amount for personal use varies depending on the drug, as outlined in the Drugs of Dependence (Personal Use) Amendment Bill 2021. For instance, the limit for heroin is 1 gram, while it is 50 grams for dried cannabis.

When individuals are caught with small amounts of illicit drugs, law enforcement can choose to issue a caution, a $100 fine, or refer them to a drug-diversion program. 

Police will confiscate the drugs in all cases. Notably, drug driving remains illegal, with zero tolerance for any amount of illicit substances in a driver's system.

The ACT government maintains that these changes will not facilitate drug dealing or trafficking; instead, they aim to allocate police resources more effectively to target major offenders.