Federal Drug-Control Laws: Present and Future

Abstract

Drug use is a matter of substantial public interest in Australia, and penalties for drug offences were greatly increased in all States in 1976. This article examines the degree to which the Commonwealth can intervene in the field of drug-control law, a field presently governed mainly by State criminal law. Current Federal involvement is mostly confined to Customs legislation, passed under the interstate and overseas trade and commerce power in section 51(i) of the Constitution. This placitum has been expansively interpreted by the High Court in the customs context, but the trade and commerce power has some limitations, and those who have proposed comprehensive national drug legislation suggest that it could be supported by the Commonwealth's power over external affairs. These possibilities are considered, and the author concludes that comprehensive legislation would survive constitutional challenge in the High Court. Some suggestions are also made as to penalties for drug use and dealing.