At its root, drug use is a public health problem, not a criminal justice problem. The Victorian Government’s current drug policy subjects people dealing with addiction to intrusive policing and excessive punishment, instead of giving them the support they need. The criminalisation of drugs interacts with Victoria’s draconian bail laws to leave hundreds of people in prison awaiting trial for drug charges that will not result in a prison sentence when they finally reach court.

This approach has not succeeded in reducing the number of people who use drugs or mitigating any of the harms caused by addictive substances. It has only contributed to Victoria’s ballooning prison population, separated children from their parents, and denied people who use drugs the healthcare they need. Aboriginal people are disproportionately the ones dragged into this cycle, but everyone in Victoria is being failed by this broken system.

In some spheres, Victoria has recognised the value of harm reduction and implemented initiatives in that spirit. The Medically Supervised Injecting Room – heavily criticised by supporters of a criminalising approach to drug use – operates by de-stigmatising drug users and providing them with the support they need to be safe and healthy.

Victoria’s current drug policy puts Aboriginal people who need support in prison – re-traumatising them, denying them proper healthcare, and increasing the risk of more deaths in custody. Ending the policy of criminalisation would mean giving people the help they need, and would empower Aboriginal people and their communities to deal with health problems without the stigma and trauma of policing and prisons. The existing system has failed catastrophically, but there are solutions available for any Government with the courage to recognise that failure.

The first half of the report is focused on Victoria’s existing approach to drug use and possession. Part 1 of the report examines current policy in Victoria, and shows how a focus on criminalisation and policing has harmed Aboriginal people and other marginalised people. Part 2 explores how a public health approach could provide a more positive framework for drug policy, examining existing harm reduction initiatives and current proposals for law reform.

The second half of the paper examines international experience. Part 3 presents lessons from an analysis of drug laws in more than 40 jurisdictions, summarising existing good and bad practices. The Appendix provides a high-level comparative analysis of drug policy in those jurisdictions.