DRUG MISUSES AND ITS IMPACT ON LAW ENFORCEMENT. Peter Edwards Australian Bureau of Criminal Investigation ACT

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1 DRUG MISUSES AND ITS IMPACT ON LAW ENFORCEMENT Peter Edwards Australian Bureau of Criminal Investigation ACT Paper presented at the 3 rd National Outlook Symposium on Crime in Australia, Mapping the Boundaries of Australia s Criminal Justice System convened by the Australian Institute of Criminology and held in Canberra, March 1999

2 Setting the Scene In keeping with the theme of this conference of mapping boundaries, the objective of this paper is to explore some of the developing boundaries of drugs and crime from the law enforcement perspective. The paper argues that drug use has changed the nature of crime in Australia and has consequently impacted on the focus of law enforcement. It argues that the law enforcement response to drugs must continue to change to accommodate the most pressing demand of the community which is the drug related mortality rate. The paper proceeds on the premise that human kind is a drug taking species, and such historical examples as the use of wine and incense in biblical times; South American tribes chewing coca leaves; Pacific Islanders drinking kava; and the American Indian smoking tobacco are all testament to this assertion. So throughout history, across the diverse cultures of the world there is a commonality of taking drugs, both for recreation as well as medical reasons. It is not intended to draw much further on ancient history or culture as this paper will focus more on recent history with a view to providing some key hole glimpses of what the immediate and long term future may hold in relation to our attitude and response to drug use and the subsequent impact on criminal activity Suffice to say that drugs have always been with us and we will always use them in some form or other. It is also fair to say that throughout history most societies have sought to regulate to some degree, the substances people use as drugs. What history didn t tell us was the adverse impact that drug use would have on crime and health by late in the 20 th century. According to the National Drug Strategic Framework nearly one fifth of all deaths in Australia are drug related. And in their recent evaluation of the National Drug Strategy, Professors Single and Rohl estimated that in 1998 approximately 22,500 Australians would die and over 175,000 would be hospitalised as the result of harmful drug use. To keep these figures in perspective, most of these statistics relate to alcohol and tobacco, however 739 deaths in 1996 were attributable to conditions associated with illicit drug use and this figure has been rising each year. The Licit/Illicit Dichotomy Up until recent years the Australian efforts to curb illicit drug use have centred on developing and implementing legislation. There is continual debate about over regulation in some areas and a lack of responsibility by failing to regulate in other areas. 1 Drugs have been generally categorised as either for medical or recreational purposes and those drugs that are authorised for consumption in either of these two categories are described as licit. Pharmaceuticals such as morphine are licit medical drugs, the manufacture of which is regulated, and prescribing and use is confined within the medical profession. Alcohol and tobacco are licit recreational drugs which are available to the adult public, although the manufacture and distribution is regulated, all adults are entitled to consume them. It is really only in the 20 th century that a new range of drugs have come onto the market to any discernable degree, these are the illicit recreational drugs, the most common of which are cannabis, heroin, cocaine, amphetamines and hallucinogens. Coupled with this trend has been the steady increase in the illicit use of pharmaceuticals invariably to fill a void in the illicit drug market. 1 Such as in relation to the misuse of solvents, petrol and glue. 2

3 It is recognised that some of these illicit recreational drugs had been discovered and used well before the 20 th century, in some cases thousands of years beforehand and often for medical purposes. Cannabis was one of the first medicines which was used as an analgesic and sedative with one of the earliest recorded accounts being found in a Chinese medical document dated 2737 BC. However it was not until the 20 th century, as a result of consolidation of international treaties, that the recreational use of most of these drugs was outlawed in Australia and other western democracies. The fact is that illicit drug use now occurs worldwide on a far greater scale than ever before. In conjunction with this explosion of use there has also been a marked change in the nature of crime and a corresponding response by police and law enforcement agencies to respond to those changes. The creation and subsequent expansion and entrenchment of drug squads within Australian police organisations in the latter half of the 20 th century is but one manifestation of changing police practices to combat the uniqueness of drug related crimes. Although the effects of alcohol are still cited as a defence in criminal trials it is now suggested that a more common excuse to be heard is that the defendant was under the influence of illicit drugs, or that the crime was committed to finance a drug habit. Prison surveys indicate that up to 48 per cent of inmates committed a violent offence to support a drug habit and 59 per cent reported that they had been taking illicit drugs at the time of the offence. Drugs and Crime The fact that drug use and crime are inextricably linked is well recognised and documented. When we talk about drugs and crime there are a range of categories which could be addressed. In this paper four categories have been identified: The crimes of drug use and distribution (primarily using and selling illicit drugs) The crimes occasioned as a result of drug use (usually crimes of violence blamed on the chemical imbalance in the brain) The crimes committed to obtain money to buy drugs (robberies/burglaries/fraud) Organised crime and drug trafficking Crimes of Drug Use and Distribution The most prolific of all drug crime is the use of illicit drugs. One third of the Australian population have used cannabis and research has indicated that in the vicinity of six per cent of the population use it at least once a week. It has been estimated that there could be as many as 150,000 regular heroin users in Australia today. Although the availability of supply will affect daily use for dependent heroin users, it is not uncommon for them to prefer four hits per day. Other sources will use different figures to estimate the number of heroin users, it is recognised that the true number is not known. What is known is that 237 kilograms of heroin were seized Australia-wide in and in the reporting year this figure had risen to 299 kilograms. An even more recent and disconcerting indicator, although an early one, is that the single seizure of approximately 400 kilograms off the coast of NSW in October 1998, does not seem to have made any impact on the availability and use of heroin in Australia. The detection of 95 clandestine amphetamine laboratories throughout the country in supports other research about the proliferation of amphetamine use; Cocaine importation and 3

4 use is increasing; And large seizures of ecstasy and LSD regularly occur. So there is clearly a large market for illicit drugs in the community and although government strategies may have a deterrent value, there does not seem to be any marked reduction in the illegal use of drugs. From the law enforcement perspective an early tenet of the police role was the prevention of crime to underpin the ultimate objective of keeping the peace. Along with social and technological change came the realisation that crime, inclusive of drug related crime, is a complex social problem that demands a far more comprehensive approach than just the prevention and detection model. Of course we now know that police do not prevent crime and the fact is that law enforcement cannot prevent the crimes of illegal use of drugs because the incidence is so large as to be uncountable. Part of the culture of illicit drug use is the sale and supply of the drug. The law enforcement focus is very much on supply reduction and although there have been significant seizures the impact of these seizures is difficult to measure. When large seizures have reduced the availability of a specific drug information is regularly received that the users of that drug will use other drugs to get them through drought periods. Drug users trade in illicit drugs to support their habit and these crimes go largely undetected because they occur so regularly. Every sale and exchange of illegal drugs is an offence and so the number of sales and exchanges that occur daily in Australia is immeasurable. At the very best, from a supply reduction perspective, law enforcement could only have a minimal impact on use or low level trade in illicit drugs. 2 It is because of realisations such as this that late in the 20 th century the police services specifically began to question their true role. Although their law enforcement responsibilities were not diminished they recognised that the community-policing concept, of being one with the community to ultimately enhance the quality of life of society, was their primary role. It is not suggested that drug activities were necessarily the lone or dominant factor in this philosophical change. But illicit drug activity had come to the fore at the same time. Police throughout Australia now actively support a range of alternative harm minimisation strategies, such as needle exchange, cautioning of minor offenders, commissioning research and providing drug education programs. The use of police discretion has taken on far greater meaning than the traditional model ever envisaged. Rather than being responsible to the law alone the Australian police organisations have embraced a number of policies which on face value may appear at odds with particular legislation and the law enforcement role. Futhermore, they are prepared to develop their own policies and to make public comment on matters of government policy and legislation, particularly in relation to drug strategies all with a view to reducing the impact of illicit use. The proliferation of illicit drug use in the community is acknowledged by the police who have been actively directing their law enforcement focus away from the offences of possess and use towards those responsible for large scale distribution. Crimes Occasioned as a Result of Drug Use The National Drug Strategic Framework nominates alcohol as the most serious threat to public safety. It indicates that at least 8 per cent of Australians suffered property loss or damage in alcohol-related incidents and 6 per cent suffered alcohol-related physical assault. Alcohol is a 2 This does not mean that there is not significant deterrence and control value in law enforcement activities. 4

5 significant factor in homicide with 34 per cent of all offenders and 31 per cent of all victims being under the influence of alcohol at the time of the incident. The illicit use of some drugs can be a catalyst for violence in certain individuals. There are anecdotal accounts of violent acts perpetrated by people under the influence of amphetamine/stimulant type drugs. Health workers have reported that behavioural problems among amphetamine users are more common than among users of other drugs. Research conducted with legal aid solicitors and corrections officers has indicated that between 27 and 49 per cent of violent offenders, had been taking illicit drugs at the time of offending. Violent behaviour has also been reported as a side-effect in relation to the use of anabolic and androgenic steroids. Abuse of steroids can lead to psychological addiction and people who become dependent can also experience such things as mood swings, irritability, anger and agitation. It has also been reported that continued high-dose use can cause behaviour known as roid rage, which may lead to property damage, assault, domestic violence, child abuse, suicide, murder and attempted murder. The National Drug Strategic Framework reports that abuse of prescription drugs has been identified as the most serious drug issue in Australian prisons with violent behaviour and aggression by inmates resulting from their use of benzodiazepines. However, of all the criminal acts associated with illicit drugs, irrational violent acts would appear to be the least prevalent compared to the other categories listed here. Violence as a result of drug dealing is seen as a different category and is dealt with later in relation to organised crime and drug trafficking. The bigger problem is probably from the health perspective, relative to the medical, ambulance and hospital resources required in dealing with overdoses. Recent figures suggest that in Sydney alone, up to 20 people a day are taken to hospital as a result of non-alcohol drug overdoses, a third of which are overdoses on heroin. Perhaps one of the most sinister activities being reported is the use of drugs to stupefy victims in order to assault them. Most states in Australia reported drug-related incidents where people were sexually assaulted. In Melbourne 21 sexual assaults against women have been attributed to a serial rapist who is believed to place Rohypnol in their drink of hot chocolate causing a long-term blackout which can last for up to 20 hours. Crimes Committed to Obtain Money to Buy Drugs It is in relation to those people who are dependent users of illicit drugs that extensive evidence now exists about the direct causal effect of the addiction on their criminality. Almost all heroin addicts commit crime, in some form or other, to assist in servicing their habit. Crime may be only one source but it invariably is a source. There is also data that shows that when people become dependent on heroin their level of criminality increases and also that it will decrease during periods of low or no heroin use. Police on Queensland s Gold Coast have recently reported their belief that an increase in armed robberies is attributed to young amphetamine users who are more erratic and unpredictable as a result of the effects of the drug. 5

6 According to the University of NSW, drug related property crime is costing the Australian community $1.6 billion a year, and this figure is rising. A report detailing research undertaken by the New South Wales Bureau of Crime Statistics indicates that burglars who used heroin had a 67% higher median burglary rate than non-users. They also reported that the median expenditure on drugs by heroin users was $1500 per week and the median earnings from burglary by heroin users was $3000 per week. When we consider that property sold on the black market is at a price significantly cheaper than its true value it is not difficult to draw some reasonable assumptions about burglary and other acquisitive crime statistics. The Australian Bureau of Statistics records show that during 1997 there were 2,255 victims of burglary and 115 victims of robbery in Australia per 100,000 head of population. Studies in the United Kingdom, such as the 1996 National Treatment Outcome Research Study, have also indicated that other forms of acquisitive crime, such as shoplifting and fraud, are also major sources of funding for illegal drugs. That study also found that a sample of 664 drug misusers had committed more than 70,000 separate crimes in a three-month period. There is some good news however, and again it relates to research conducted in England, which indicates that heroin treatment programs will assist in reducing the criminality of dependent users. Organised Crime and Drug Trafficking Of course the principal focus for law enforcement is the upper levels of the drug trade, namely the organised crime groups that traffic in these substances. Many of the illicit drugs consumed in Australia are produced overseas and there is an over abundance of international supply relative to Australia s domestic demand. Our vast coastline and the ease of international transportation make us vulnerable to illicit importation and the almost 400 kilogram seizure of heroin and 225 kilogram seizure of cocaine off the coast of NSW respectively in October and December of 1999 are testament to this. The Bureau of International Narcotics and Law Affairs estimate that 250 tonnes of heroin is produced in the Golden Triangle region of South-East Asia each year. Given that Latin American heroin is supplying a large proportion of the US market, Australia could be seen as an attractive market for South-East Asian produced heroin. At the moment 80 per cent of heroin seized in Australia is sourced to the Golden Triangle and South-East Asian organised crime groups continue to be heavily involved in importing and distributing this particular drug. Drug trafficking and organised crime are inextricably linked and the developments in both have had a profound influence on the development and direction of law enforcement in Australia. It has only been late in the latter half of the 20 th century that such organisations as the Australian Federal Police (AFP), National Crime Authority (NCA), Independent Commission Against Corruption (ICAC), NSW Crime Commission (NSWCC), Queensland Crime Commission (QCC) and the Australian Bureau of Criminal Intelligence (ABCI) were created. And it is significant that each of these organisations have a major focus on drug trafficking and organised crime. At the same time the respective state police departments have forged far greater co-operative mechanisms, both between themselves and with other stakeholders, than ever before to achieve greater efficiencies and effectiveness through collaborative efforts. 6

7 The purpose of organised crime is to make a profit without being caught. Money laundering has been described as the largest business in the world. Up until 1985 there was no offence of money laundering anywhere in the world and it was the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988 that initiated the outlawing of money laundering. At the same time the national and state jurisdictions in Australia were developing their proceeds of crime legislation with a view to affecting the criminal where it would be felt the most in the profit margin. The fact is that enormous change has been experienced in recent years within law enforcement because of the need to develop new tactics and strategies to combat organised crime and drug trafficking at the international, national and jurisdictional level. There is also violence associated with organised crime wherever it appears in the world and Australia is no different. One only has to browse the crime section in their local library to read names like Robert Trimbole, Mr Asia, Neddy Smith and Lenny McPherson or to research the accounts of any number of gangland slayings and drug turf wars that have occurred in Australia to know the truth of this. A catalyst for the creation of the ABCI was the findings of a number of commissions of inquiry in relation to ogranised criminal activity. These inquiries identified the need for police organisations to develop far greater sharing and co-ordination of information and intelligence. Australian police intelligence units have continued to evolve over the last 20 years to the point that today they exist in all jurisdictions. A significant activity for these units is in relation to the trafficking in illicit drugs. The focus that intelligence can bring to an activity is now being picked up by policing from a holistic perspective and we are now seeing the development and implementation of intelligence led policing across the totality of policing activities. More Illicit Drugs and Crime Trends The use of illicit drugs in Australia is not decreasing and each year new varieties and strains are developed, along with innovative ways for use, manufacture, concealment and distribution. The trend for cannabis production is moving away from large outdoor crops and police are finding more and more indoor and hydroponic crops. Police officers have been shot by booby traps set up at plantation sites and others have been injured when dismantling clandestine amphetamine laboratories. The dangers of needle stick injuries are ever present during searches of any nature. Heroin and cocaine are imported into Australia in a variety of guises, it is not uncommon for these drugs to be carried on or in a persons body. Passengers wearing loose clothing have been detected with heavily wrapped packages taped into the natural body cavities on the lower back, sides of the stomach, thighs and calves. The carrying of drugs internally is a dangerous practice that is still occasionally detected. The heroin and cocaine relationship is also taking on a new dimension in relation to use. The issue of polydrug use could be described as the new challenge for health and law enforcement practitioners and policy makers. Many addicts are now dependent on more than one drug. One of the most common has been those on methadone who double up and continue to use heroin at the same time. Reports indicate that cocaine use is quite common in conjunction with heroin use and these activities can lead to people being addicted to more than one drug. Heroin and cocaine mixed together are called speed balls and are available on the market. 7

8 The trend of cocaine injecting appears to be increasing and this has been associated with less responsible injecting practices. Couriers use a variety of tools to assist with drug distribution, such as hire cars, decoys, mobile phones and pagers. The more cunning the drug dealers have become has caused law enforcement to be far more innovative, both with advocating legislation and implementing new practices to combat drug crime activity. Wide ranging powers to search for drugs exists in all Australian jurisdictions and these are complemented by powers to intercept telecommunication transmissions and to install listening devices. Undercover operatives and surveillance teams are now standard investigative tools within the law enforcement armoury. Licit Medical Drugs Pharmaceuticals Domestic prescription drug abuse has been described as Australia s third most significant drug problem behind tobacco and alcohol. Prescription drug abuse can result in serious health problems and may result in death. Prescription drug fraud can result from doctor and pharmacy shopping, forging prescriptions, stealing from surgeries and pharmacies, or buying from the unregulated criminal market. The problems relating to control of prescription drugs in Australia are exacerbated by the ability of patients to consult any number of doctors at will. The Health Insurance Commission has identified the two major areas of prescription drug fraud as domestic prescription drug abuse, and the overseas trade in Australian pharmaceuticals. From the law enforcement perspective there are four distinct types of illicit use and misuse of pharmaceuticals: Pharmaceuticals diverted for individual use involves people over-using or misusing pharmaceutical drugs and includes the use of pharmaceuticals to supplement an illicit drug habit. It has been reported that more than one-third of injecting drug users use benzodiazepines and police sources indicates that pharmaceutical misuse is high during periods of heroin shortage. Pharmaceuticals diverted for illicit drug manufacture as ingredients in the manufacture of illicit drugs, such as amphetamines. Pseudoephedrine can be extracted from cold and flu tablets, such as Sudafed, for use in the manufacture of amphetamines. Packets of Sudafed (90 tablets) generally retail for about $18 and recent police reports reveal that amphetamine manufacturers are paying third parties twice the retail price in order to avoid detection. One Sudafed run in a rental vehicle went to as many chemists as possible from Cairns to Brisbane and back. Cases have also been reported where the amphetamine manufacturer will supply a gram of amphetamine in return for four packets of Sudafed. Pharmaceuticals diverted for domestic sale or supply to other drug users involves the licit purchase of prescription pharmaceuticals for the purpose of on-selling to other people who are unable to obtain the drugs legitimately. Methadone is a synthetic opiate that has become established as the most accepted and widely used heroin treatment program, both in Australia and England. In 1991 there were 9,700 people in Australia on a methadone program and by 1996 this figure had risen to 17,800. Whilst there are reports that methadone maintenance programs can help to reduce crime, there is also international and national evidence that methadone is increasingly being sold on the black market. 8

9 Pharmaceuticals diverted internationally for sale or use. Pharmaceuticals in Australia are of a very high quality and are reasonably accessible to all people who legitimately require them. There are countries where pharmaceuticals are not readily available and where quality varies greatly. Often people from these countries ask family and friends who are resident in Australia to obtain pharmaceuticals and divert them overseas where invariably they will be used without the guidance of medical supervision or advice. The Health Insurance Commission estimates that $25 million worth of pharmaceuticals are illegally being moved overseas each year. Conclusion (Mortality) Mortality rates from both the licit and illicit drugs have been referred to regularly throughout this paper. As a general rule mortality rates have generally been viewed as an indicator from the health perspective. It is argued here that the issue of mortality is also of particular relevance to law enforcement because it is the primary role of all police services to protect life. Therefore, contributing to any scheme that aims to achieve this objective is very much a part of the policing function and purpose. Furthermore, sudden deaths have to be investigated by the police and are invariably the subject of an inquest conducted by the Coroner. The number of deaths attributable to illicit drug use is rising annually and this fact alone ensures that the issue remains high on the public agenda. The focus of this paper has been to reiterate the crime and drug relationships and identify the changing nature of drug related crime and illicit drug use. The paper highlights how the growth of illicit drug use has impacted on law enforcement activities in Australia. This change has been both philosophical and practical. The police are now required to balance and integrate the roles of law enforcement and harm minimisation. This change has been manifest in changing legislation, changing work practices for the police organisations and also the creation of a range of other law enforcement bodies with a primary focus on drug related crime. It identifies some United Kingdom research, which indicates that drug treatment programs can reduce mortality rates as well as crime rates. Some founding concepts of policing were identified to show the linkage between the crime prevention and detection role and the well being of society. If we accept that policing and law enforcement is ultimately about contributing to quality of life then the saving of life is a valid indicator of performance. The National Drug Strategy recognises that the problems of illicit drug use and the associated crimes are not solely a law enforcement problem. What is encouraging is the fact that an integrated approach has been established and is continuing to evolve. This approach and the ability to look strategically beyond our own shores at alternative policies and practices will identify the best tools and information to impose the most effective controls on drug trafficking and misuse. 9