Doctors Call on NSW Government to Act on Drug Law Reform

'Throwing them into jail doesn't achieve anything'

Tablets of the opioid-based Hydrocodone at a pharmacy in Portsmouth, Ohio, on June 21, 2017. Bryan Woolston/Reuters

Doctors in Australia have called on the New South Wales (NSW) government to take action on instituting a drug law reform and saving lives.

This comes after Queensland Government became the latest jurisdiction to expand police drug diversion programs for people carrying small amounts of illicit drugs.

According to a new report from the National Drug and Alcohol Research Centre, there were 1,788 drug-induced deaths Australia-wide in 2021, an equivalent of five drug-induced deaths every day. The primary opioids involved in overdose deaths are natural and semi-synthetic pharmaceutical opioids, including morphine and oxycodone, followed by heroin.

Every Australian jurisdiction, except New South Wales, offers police the discretion to send a person to a diversion program rather than pursue criminal charges for at least their “first strike” of minor possession of illicit drugs.

Doctors: Stigmatising People Won’t Help

Dr Nicole Higgins, president of the Royal Australian College of General Practitioners (RACGP), called on the NSW government to wind back its “war on drugs” mindset.

“If this isn’t a wake-up call, I don’t know what is,” Higgins said in a statement. “The example has already been set by Australia’s other states and territories, and it’s high time our largest jurisdiction caught up.

“Alcohol and other drug use, including illicit drugs, should be seen through a health lens. Ask almost any GP, and they will tell you that we gain nothing from throwing the book at people, making their lives more difficult, and putting them in the ‘too-hard basket.”

NSW Premier Chris Minns during the NSW Labor reception in Sydney, Australia, on March 25, 2023. AAP Image/Dean Lewins

Higgins said there are also limitations affecting people across Australia, including access to ready and affordable drug and alcohol treatment, particularly for those with opioid dependence.

“That must change if we want to reverse current trends and save lives at risk.”

Former NSW Government Promised to Decide in June

RACGP NSW and ACT Chair Professor Charlotte Hespe echoed the concern.

“My home state is lagging behind, and it is not good enough,” she said.

“More than three years ago, Commissioner Dan Howard handed a report to the NSW Government recommending the introduction of a legislated police diversion scheme for use and possession of prohibited drugs including referral to health, social, and education interventions.”

Hespe said the previous state government responded by saying that a decision would be made once they received more advice in June this year.

“We now have a new government, and it’s time to act… because people across the state are having their lives turned upside down for no reason and coming into contact with the criminal justice system when really they need help for a health problem.”

RACGP Alcohol and Other Drugs spokesperson Dr Hester Wilson said there are signs of progress, which can help build momentum in Australia.

“It’s positive news that Health and Aged Care Minister Mark Butler announced on Friday that the Government would invest in increased access to opioid dependency therapy through pharmacies,” he said.

Australian Minister for Health and Aged Care Mark Butler speaks at Parliament House in Canberra, Australia, on July 28, 2022. Martin Ollman/Getty Images

“It’s critical that we significantly scale up access to these treatments because opioid dependence treatment programs, including pharmacotherapy services like methadone or buprenorphine, can make all the difference.”

NSW Government has been reached out for a comment.

Cost a Key Factor

Wilson stressed that more must be done to ensure that people can access the treatment they need in communities across Australia, including rural areas.

A key factor reported has been cost, with medications on the opioid treatment program requiring patients to pay a private pharmacy dispensing fee of between $5 to $15 a day.

“Many people with opioid dependence simply can’t afford this, and so they go without. Let’s remedy that right away because every life matters,” he said.

“Diversion programs make an enormous difference. However, instead of one ‘strike’ or ‘three strikes’ or whatever number you settle on, we should instead simply aim for a health-first approach for personal consumption of illicit drugs.”

“People who are using drugs often have tremendous difficulty quitting, so we should not put an arbitrary limit on the number of times they can be diverted from the criminal justice system. We don’t do the same for people quitting cigarettes, and really, it’s no different—quitting a harmful and addictive substance takes time.”

Free Medicine Available

It’s also vital to boost access to naloxone, a medicine that can temporarily reverse an opioid overdose, according to the spokesperson.

A package of Narcan (Naloxone HCI) nasal spray is displayed. Justin Sullivan/Getty Images

“Not enough people know about this incredible, life-saving drug, including the fact that an intranasal spray version is now available, meaning you don’t have to inject it,” he said.

“It’s vital to spread the message that naloxone is now free under the Take Home Naloxone program at locations including pharmacies, treatment centres, needle and syringe programs, and custodial release programs, and you don’t need a prescription.

“Let’s boost awareness amongst GPs, other healthcare workers including nurses, people who use opioid drugs, people who know people who use these drugs, and the broader community.”

Wilson said people who have a problematic relationship with alcohol and other drugs need help, support, and compassion.

“Throwing them into jail or judging them or pushing them to the margins of society doesn’t achieve anything and, in my view, diminishes us as a nation. Every person’s life matters, it’s as simple as that.”