Their lack of action condemns drug users to persisting negative legal and health impacts, and damage to communities continues, they said. 

The final report on the Special Commission of Inquiry into the Drug “Ice” contained 109 recommendations; it took evidence from experts and received more than 250 submissions.

The government’s interim response published in March 2020 rejected a small number of recommendations aimed at harm recommendation, yet promised a whole-of-government response. 

President of the NSW Bar Association Gaby Bashir SC stated it is time for the NSW government to end its silence on drug reform.

“Two and a half years ago the Special Commission of Inquiry into the Drug Ice recommended decriminalisation of the personal possession and use of prohibited drugs.

“Since then, the NSW government has failed to respond to the overwhelming majority of the recommendations, despite repeated calls for action by the legal and medical professions, addiction specialists and the inquiry’s own commissioner, Professor Dan Howard SC,” Ms Bashir said. 

“The New South Wales Bar Association supports all the special commission’s recommendations. Diverting drug users towards health intervention, education and rehabilitation is being smart on crime.”

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Prohibition was introduced with the goal of reducing drug use and drug-related harms, but it has failed to accomplish this and has actually had the opposite effect.

Prohibition has expanded Australian drug markets and created a supply of more dangerous drugs. 

Drug-related deaths increased by 60 per cent worldwide between 2000 and 2015. 

In Australia, law enforcement consumes between 61 to 69 per cent of the total drug budget, and treatment only 20 to 23 per cent. 

As a result, 80,000 Australians are arrested each year for drug use, while up to half a million are unable to access needed treatment. 

In Portugal, the personal possession of drugs was decriminalised two decades ago. 

Despite concern that it would encourage drug use and create chaos, drug use did not increase, related crime fell, and the country took up health-focused approaches, which saw improved outcomes.

The decriminalisation of personal possession has been recently adopted in the ACT.

The former ice commissioner, Professor Dan Howard, recently stated the lack of a formal drug policy in NSW is “like a car hurtling [d]own a highway without a driver” and that “people are tired of seeing these promises” and “want to see some action”.

President of the Law Society of NSW Joanne van der Plaat said the inaction demonstrates the government’s lack of commitment to tackling the scourge of drugs by using means other than locking people up.

“The herculean efforts of Professor Howard to bring down a report and recommendations designed to address the impacts of illicit drug use have been ignored for too long,” Ms van der Plaat said.

“There is no question that high level drug importers, manufacturers and dealers should be subject to the full force of the law, but the government’s continuing ‘tough on crime’ approach to drug use is failing. 

“As law enforcement experts told the inquiry, we can’t arrest our way out of drug problems.

“The Law Society recognises the expansion of a Drug Court through a yet to be commenced pilot in Dubbo with an associated rehabilitation centre, as well as the recently announced Aboriginal Justice Package. 

“While these initiatives are welcome, they represent a piecemeal response to barely a handful of the ice inquiry’s recommendations.”

Chief executive officer of the NSW/ACT Aboriginal Legal Service Karly Warner said the NSW government is allowing harm to individuals and communities to continue by stalling action on the ice inquiry’s recommendations.

“Aboriginal people are paying the price, as we are targeted and ultimately bear the brunt of heavy penalties and imprisonment,” Ms Warner said.

“Building a fair and evidence-based drug policy for NSW will contribute to closing the gap in imprisonment rates. 

“The ice inquiry’s recommendations are a critical first step in that road map to get us there.”

Two and a half years has been far too long for the government to implement the recommendations, it’s time to act so drug users can start rebuilding their lives, and communities can begin to deal, stated the three legal organisations.