Neil Gaughan concerned over new ACT drug decriminalisation laws

The territory targeting team, which is traditionally known inside the force as the "Beats" team, will patrol the central business district on the first night in Canberra for the new landmark legislation.

Like all their fellow sworn Australian Federal Police officers serving with ACT Policing, they will have completed a training module rolled out across all ACT police stations in the past week, briefing sworn members on the new legislation and its legal implications.

Under the new legislation, police will issue a $100 fine known as a Simple Drug Offence Notice (SDON), for possession of small amounts of previously illicit drugs such as heroin, ice, cocaine and methamphetamine.

The significant change with this new process is that it is not a criminal charge, nor does it require a court attendance, although failing to pay the fine may result in that.

Police may also issue a health referral notice, which will require the person served to attend a drug counselling session within the next 60 days. Anyone stopped by police and issued with either of these will need to provide their personal details.

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There are nine drugs decriminalised from this weekend. The personal possession limit for cocaine, amphetamine and ice will be 1.5 grams. The limit for ecstasy will be 1.5 grams or five doses and there will also be a five-dose limit for LSD. The limit for heroin will be 1 gram.

Yet this remains a national leap into the great unknown for everyone involved, including police, ACT Health and its referral services, and the legislators who made it happen.

Chief Police Officer Neil Gaughan said that he and his officers "have got to be prepared for all outcomes".

One of his big concerns, given the ACT has had a reasonably low level of road trauma this year compared with 2022, is the knock-on effects that the change to drugs laws may have on drug-affected driving.

"One thing we really want to emphasise is that the drugs laws in relation to you driving a motor vehicle have not changed," he said.

"That is, you are not to take drugs and drive. If we test you and if you have any drugs in your system, regardless of the level, then that is an offence and we will be stamping that out real quickly.

"So I think you can expect to see an increase in drug testing over the coming months to make sure we get on top of this issue because this is one of the concerns I do have: is people thinking that because it is legal or decriminalised, they can get behind the wheel of a car [while drug affected].

"It's not.

"So no-one gets behind the wheel of a car when they've had more than a couple of drinks; no-one gets behind the wheel of a car if you've had any drugs."

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