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|
|
Country 2 |
Cannabis |
MDMA |
Amphetamines |
Cocaine |
Opiates |
|
Australia |
15.0 |
3.4 |
4.0 |
1.5 |
0.6 |
|
New Zealand |
13.4 |
2.2 |
3.4 |
0.5 |
0.7 |
|
Republic of Ireland |
9.0 |
3.4 |
1.6 |
2.4 |
0.6 |
|
United Kingdom |
10.6 |
2.0 |
1.6 |
2.1 |
0.7 |
|
USA |
11.0 |
1.3 |
1.4 |
2.5 |
0.6 |
Note 1: Population age 15 to 64 years except: Ireland
18-plus for cannabis, ecstasy and cocaine; United
Kingdom 16–59 for cocaine,
amphetamines, MDMA and cannabis, United
States of America 12-plus.
Note 2: Australia 2001; New Zealand 2001;
Ireland 1996 and 2000; United Kingdom 2000 and 2003; United States of
America 2000 and 2002.[49]
2.38 While Australia outranks any other country, the Department of Health and Ageing cautioned against unquestioning acceptance of a comparative interpretation of statistics. The department's submission warned:
Australia appears to have some of the highest levels of illicit drug use, and in relation to amphetamines and ecstasy, the highest reported in the world. Such comparisons conceal what are likely to be substantial under estimates of use in other countries, many of whom often do not provide such comprehensive and transparent data. The above statements should therefore be interpreted with caution.[50]
2.39 Globally, there are indications that AOSD production, including MDMA, is decreasing, which suggests declining use; however, use in Australia is showing continued growth.[51] It is unclear whether this discrepancy is due to the fact that Australia lags behind trends in the USA and Europe—in which case we should see a fall in AOSD use in the next NDSHS—or to the fact that Australia is developing its own unique pattern and culture of drug-use.
2.40 Dr Schloenhardt told the Committee:
...it is always hard to know what the next drug will be. We seem to go through cycles. It is like fashion. But it is quite surprising that the issue of ice has taken so long to really come to the attention of law enforcement and government. It has been such a big problem in South-East Asia for so many years. The consumer population there was clearly identifiable. It is a cheap drug and it is for party use. The after-effects are incredibly dangerous. Even in Port Moresby it was a common drug three or four years ago. But the attitude in Australia was, 'We haven't got it here so we don't really have to worry about it.' It has to be a matter of keeping your eyes open to see what is going to be next—and there will be something next as drugs seem to go through cycles, because that is what the demand is made of: 'We want something that's cool and that's fun.[52]
2.41 Concerns about the rising use of AOSD in Australia, and particularly about the increasing use of the stronger forms of amphetamine such as base and ice, have attracted much attention in recent months. These concerns have to a large extent been driven by the recognition of a connection between methamphetamine and mental health problems, such as psychosis.[53] A number of submitters to the inquiry made observations about the health effects of AOSD.[54] A report by the National Drug and Alcohol Research Council found the following:
2.42 Although a complete discussion of this issue occurs at Chapter 4, it is pertinent at this point to indicate that the major health issues attached to habitual methamphetamine use have had vast consequences for health and police services. Increasingly, the work and resources of health and law enforcement professionals are directed to dealing with the violence and behavioural issues that users display. Central to establishing the proper processes and correct balance of effort to deal with users at this level is the issue of what effort and resources LEAs should contribute to the problem at this level.
2.43 Approximately 50 per cent of all global amphetamine production takes place in Asia, while North America accounts for approximately 33 per cent and Europe 15 per cent. The main producers of methamphetamine in the Asia region are China and Myanmar. In Europe, large-scale production and consumption appears to be limited to the Czech Republic and the Baltic states.[56]
2.44 In Australia, the first shipments of high-purity crystalline methamphetamine were detected six years ago. Most large-scale ice detections originated in Asia, mainly China, but also from Japan, the Philippines, South Korea and Taiwan; shipments are often transhipped through other countries in the Asia Pacific region. The Committee was informed that in 2001 the AFP revealed that Asian organised crime gangs had switched from heroin production as a major source of income to the making of methamphetamine, as this was perceived as more lucrative, being easier to produce and to market.[57]
2.45 Global seizures of MDMA have declined by a third since 2002, which suggests falling production and demand in Europe and the USA. In contrast, the total weight of MDMA detected in Australia in 2004-05 was nearly three times the weight of MDMA detected in the preceding year.[58]
2.46 Europe continues to be the main supply source of MDMA for Australian consumers. Relatively high prices in Australia, compared to Europe, contribute to opportunistic smuggling of traffickable quantities of the drug to Australia by air passengers and in postal articles. The AFP submission states:
Global MDMA manufacture and trafficking is generally controlled by European syndicates emanating from the Netherlands. Information received from the AFP Liaison Officer in the Hague has identified that these groups operate in a manner similar to that employed by multinational companies including conducting cost benefit analyses on MDMA trafficking which took into consideration factors such as foreign exchange rates in the transhipment of drugs. This level of sophistication is alleged to exist within the transnational MDMA market while similar opportunistic importation attempts continue to occur. The street price of MDMA in Australia is considerably higher than in other countries, ensuring that Australia will remain an attractive target for MDMA trafficking syndicates.[59]
2.47 As a proportion of the total number of detections, parcel post represented 84 per cent of the total number of detections in 2004-05, followed by eight per cent for air passengers. However, by weight, much larger shipments were smuggled in via sea and air cargo: sea cargo represented 63 per cent of detections by weight in 2004-05, followed by 35 per cent for air cargo.[60]
2.48 In their submission, the National Drug and Alcohol Research Council outlined the method of methamphetamine distribution within Australia:
2.49 In relation to the availability of MDMA, the ACC's Illicit Drug Data Report 2004-05 states:
...a national study of MDMA users shows that the availability of MDMA remains stable. Sixty-one percent of those surveyed considered MDMA to be 'very easy' to obtain and 35 percent considered it to be 'easy'. Over two thirds (68 percent) of the national sample reported that they typically used more than one tablet. The majority of users were also likely to use other drugs with MDMA.[62]
2.50 The distribution of MDMA also occurs through private parties, at nightclubs, and at dance and rave parties.
2.51 While the majority of AOSD in Australia is imported, recent seizures of precursor chemicals and detections of clandestine laboratories (clan labs) show that domestic manufacture of AOSD is increasing in Australia.[63] Detective Inspector Paul Willingham, of the NSW Police, told the Committee:
There is a growing proportion of it [ice] being produced here. When it first hit the streets it was exclusively imported. Our domestic manufacturers are now seeing that they have to compete with the imported product, and there are more and more labs that are going to that final purification process and converting their base or paste to ice.[64]
2.52 Methamphetamine can be produced by a number of different chemical processes, including:
2.53 Detections of bulk precursors suggest a shift in clandestine manufacture of MDMA in Australia towards larger-scale operations using more efficient chemical processes. However, many of the clandestine laboratories are small-scale backyard operations, referred to as 'box labs' because they are small enough to be packed away into a box or suitcase for transportation or storage.[66] There have been instances of box labs operating out of the boots of cars.[67]
2.54 Detections of clandestine laboratories by law enforcement agencies have increased significantly, rising from 58 in 1996-97 to 381 in 2004-05.[68]About three-quarters of these laboratories were producing methamphetamine using the hypophosphorous method.[69]The Illicit Drug Data Report 2004-05 noted that clandestine laboratories are increasingly being located in rural areas to reduce the risk of detection,[70]with strong concentrations in the Northern Territory and Queensland.[71]
2.55 Despite some success in detecting clandestine laboratories by law enforcement agencies, the availability of methamphetamine in most jurisdictions remained stable, with the drug 'easy' or 'very easy' to obtain in most areas. Predictably, when there is plentiful supply, prices are low and 'relatively stable across most jurisdictions.'[72]
2.56 The internet is playing an increasing role in the development of local manufacturing of methamphetamine. The ACC submission noted:
In recent years the Internet has become a major facilitator for sourcing of AOSD chemical precursors, equipment and information. AOSD 'cooks' are able to access techniques and information through websites, chat rooms and dispersed networks. In addition, online auction sites appear to have significantly assisted the capacity of groups and individuals to procure equipment and other materials needed for the production of AOSD.[73]
2.57 Deputy Commissioner Simon Overland, from the Victoria Police, also highlighted the use of the internet to obtain precursor chemicals and equipment for manufacture:
Some of the changes that we are seeing at the moment that present a threat to us are around use of the internet to order precursor chemicals from overseas and have them imported—and there has been some evidence of iodine being purchased from the United States. Iodine is a chemical that often is required in the manufacture of amphetamines.[74]
2.58 The internet and new technologies are being used by some criminals as the preferred method of communication. Deputy Commissioner Overland told the Committee:
I think that is going to be a major issue for us generally, but particularly in relation to organised crime and drugs.[75]
2.59 The Committee is concerned that organised criminal groups are exploiting new technologies and that, at the present time, law enforcement agencies do not have the capacity to address these weaknesses. The Committee recommends that a response to this issue be developed.
Recommendation 2
2.60 The Committee recommends that the Australian Crime Commission develop a nationally coordinated response to new and emerging communications technologies used by organised criminal networks to undertake serious criminal activities.
2.61 The manufacture of methamphetamine often involves the use of dangerous methods and materials that are toxic, flammable and explosive. Detective Inspector John Hartwell, from the Gold Coast Criminal Investigations Branch of the Queensland Police, told the Committee:
A trend that has become evident in the last 18 months on the Gold Coast is using high-rise accommodation units for the overnight production of amphetamines. So far this year we have had three explode in units, causing fires...The concern is that they are all high-rises. There are a lot of people staying in those units and it becomes a serious risk to their health and wellbeing...They do part of the process in one motel and they go to another motel and do the next process there. Unfortunately, because of the volatility of the chemicals they are using, fire and explosions are not uncommon.[76]
2.62 The submission of the New South Wales Crime Commission (NSWCC) highlighted the fact that the chemicals in fumes from clandestine laboratories present a danger to emergency and other personnel entering these sites. When homes are rented for the operation of clandestine laboratories, residual chemicals can affect the health of later occupants. The NSWCC submission observed:
The contamination caused by labs, and the expense required to remediate the sites, is a growing problem...The Australian Institute of Criminology has recently commenced a study into the impact of these issues in Australia, funded by the Attorney-Generals Department.[77]
2.63 In Perth, the Committee heard that police have brought the issue of contamination of premises to the attention of the Real Estate Institute of Western Australia. Sergeant Gill Wilson, Drug Education Officer with the Alcohol and Drug Coordination Section of the Western Australia Police, told the Committee:
Just recently we have introduced a strategy whereby we have brought the situation to the attention of REIWA—the real estate industry organisation here. This strategy is very worthwhile, if you think about what Inspector Scupham has just said and identified, you can understand that real estate agencies through their property management teams can become realistically the third policeman. They have the opportunity of inspecting premises and may come across situations that they can report through Crime Stoppers—in this state, anyway.[78]
2.64 The Committee commends this strategy, and believes there is value in law enforcement agencies across all jurisdictions pursuing similar partnerships with the real estate industry.
2.65 Children living in close proximity to clandestine laboratories operated by parents or family members face increased risk of injury and risks to health. This was recognised in the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (the SDO Act), which amended the Criminal Code. The SDO Act included two new offences which involve endangering children, carrying a maximum custodial sentence of life imprisonment.[79]
2.66 The unpredictability of the purity of AOSD in Australia is a major issue. The ACC observed:
Some tablets sold as 'ecstasy' may include a variety of drugs mixed with MDMA or may contain no MDMA at all. Tablets have been found to include such combinations as: methylamphetamine with additives such as ketamine and caffeine; amphetamine and caffeine; amphetamine and MDMA; MDA and MDMA; MDA, caffeine, and LSD; and LSD and clonazepam. As such, the purity of phenethylamines fluctuates with the time and place of manufacture being the major determinants.[80]
2.67 The Committee heard that frequently pills sold as MDMA contain little or no MDMA. The Alcohol and other Drugs Council of Australia submitted:
Although the types of pills available change frequently, at the time of writing (2006), pills sold as ecstasy are widely available throughout most of Australia. Pills that actually contain MDMA are less available. In fact an estimated 80% of so-called ecstasy tablets seized in Australia don't contain any MDMA at all but instead contain other amphetamine-type substances such [as] methamphetamine mixed with any of a range of other things including MDA, ketamine, PMA, ephedrine, pseudoephedrine, caffeine, glucose or bicarbonate soda.[81]
2.68 In relation to the purity of amphetamine and methamphetamine, the submission of Family and Friends for Drug Law Reform (FFDLR) states:
From purity figures collated by the ACC for seizures by State police and the AFP it is not at present feasible to distinguish the average purity of speed from the more potent forms of “base” and crystal...[82]
2.69 Citing an analysis of the Party Drugs Initiative by Jennifer Stafford et al., the submission further notes that the purity of the drug:
...fluctuates widely in Australia as a result of a number of factors, including the type and quality of chemicals used in the production process and the expertise of the 'cooks' involved, as well as whether the seizure was locally manufactured or imported...[T]here is no clear trend in the purity of methamphetamine at a national level although overall, the median purity generally remains low at less than 35%, except in WA w[h]ere the purity reached a high 52% in the second quarter of 2004...[83]
2.70 The FFDLR conclude:
In short, the best sense of trends in purity of the various forms of methamphetamine is the extent to which usage is moving between the low potency powder, the middle potency “base” and the high potency crystal.[84]
2.71 In relation to the purity of MDMA, the submission of the FFDLR observes:
Between 1999/2000 and 2003-04 the purity of seizures of what was ostensibly ecstasy has remained fairly stable. “The median purity of the State Police seizures analysed indicates that generally purity has remained relatively stable around 30% purity.” The purity of AFP seizures which might be expected to be the result of higher level operations has also remained fairly stable.[85]
2.72 The dangers associated with unpredictable AOSD purity are amplified when drugs are taken in combination with alcohol. The VIVAIDS and Ravesafe submission argues:
Unfortunately, the harms associated with use of these substances can be maximised without appropriate education through adverse reactions and interactions where more than one drug is used, the unpredictable purity and strength of the drugs available and, in particular, the admixture of alcohol to the mix.[86]
2.73 The Committee is concerned over the increasing use of the more potent forms of amphetamine, such as ice and base, and by the practice of poly-drug taking—mixing AOSD with alcohol and other drugs—and by production methods that use a variety of chemicals and compounds to fill out, mimic or replace entirely the drug that is purported to be sold. Mr Greg Fowler, Senior Research Officer with the Queensland Alcohol and Drug Research and Education Centre, School of Population Health, University of Queensland, informed the Committee that the true extent of the problem is not clear:
...the data about what is in these tablets is not collected and presented systematically for strategic intelligence purposes. Some work of that nature has been done in Victoria by forensic services, but the combination of drugs which appear in a tablet and the ratio of those in terms of their relative purity are not sampled on an ongoing basis. At various times in Australia there have been lots of tablets released into the market and sold as ecstasy which did not contain MDMA and were essentially methamphetamine and perhaps some ketamine.[87]
2.74 The Committee considers that the trends in the composition and purity of AOSD imported, manufactured and consumed in Australia, demand further structured research to assist law enforcement agencies to develop priorities for supply reduction. The ability to understand and interpret such trends will also be critical in the design of education programs and treatment methods for AOSD users in Australia.
Recommendation 3
2.75 The Committee recommends that the Australian Crime Commission work with federal, state and territory law enforcement agencies to achieve consistency in the collection and analysis and reporting of data on the chemical composition of seized illicit tablets, as well as drug identification and coding.
2.76 The Committee received and heard evidence of significant organised crime involvement in the importation, domestic manufacture and distribution of AOSD, particularly methamphetamine and MDMA, in Australia. Production of AOSD appears to be presently concentrated in NSW, Victoria[88] and Queensland.
2.77 The Queensland Crime and Misconduct Commission reported in September 2004, and again in 2006, that members of outlaw motorcycle gangs (OMCGs) have significant involvement in organised crime in Queensland. The submission of the Crime and Misconduct Commission states:
Members play a substantial role in the methylamphetamine market and are involved in other illicit drugs markets including cannabis, cocaine, MDMA (ecstasy) and GHB (fantasy). It is evident from these various criminal activities that OMCGs and/or their members form a significant component of Queensland's organised crime environment...
The networks are...considered as fluid groupings of criminals who share a common purpose. Their membership can include members of OMCG chapters, where illegal activities are undertaken for personal profit of the individual members of the club.[89]
2.78 The ACC submission observes that organised crime is also involved in AOSD production in NSW and Victoria. The Queensland, Western Australian and South Australian AOSD markets are also characterised by the involvement of OMCGs in the manufacture and distribution of AOSD, particularly the manufacture of amphetamine, MDMA and crystal methylamphetamine or ice.[90]
2.79 Deputy Commissioner Simon Overland, from the Victoria Police, told the Committee:
...we say outlaw motorcycle gangs have been directly involved in the manufacture of amphetamines, primarily for similar reasons—there is money to be made and they see it as quite a low-risk activity.[91]
2.80 Discussing the nature of organised crime, the Queensland Crime and Misconduct Commission submission observes:
Organised crime networks can deal simultaneously in a variety of illicit commodities and the members of one network may simultaneously be members of a number of other networks. In some cases, the description by law enforcement of a group of criminals as a network is more a case of analytical convenience than an accurate reflection of the intentions of the criminals.[92]
2.81 Detective Chief Superintendent Denis Edmonds, Officer in Charge, Strategy and Support Branch, South Australia Police, also highlighted this aspect of organised crime:
I think it is worth noting that it is prudent to recognise that the manufacture and trafficking of AOSD is only one aspect of the business enterprises of organised crime.[93]
2.82 Mr Kevin Kitson, Director of National Criminal Intelligence for the ACC, offered an analysis of the nature of organised crime similar to that of the Queensland Crime and Misconduct Commission. In evidence to the Committee, Mr Kitson said:
Their networks are...fluid, entrepreneurial and flexible. Some longstanding notions of hierarchical structures in organised crime, I think, simply do not apply here. So we have a series of shifting alliances of convenience that allow people to move their commodities at whatever stage of the production cycle they might be at. What we see is a strong representation of people with outlaw motorcycle gang associations or connections in that process. I would not wish to characterise OMCGs as being the predominant force in amphetamines and other synthetic drugs, but there are significant representations.[94]
2.83 A number of submitters argued that the manufacture and distribution of AOSD by organised criminal groups and opportunistic producers were business ventures motivated by significant financial gains.[95] Detective Inspector James O'Brien, representing the Victoria Police, informed the Committee of the profitability of methamphetamine manufacture. Detective O'Brien said:
Certainly, there are what you would call backyard type operations but you have to bear in mind that even those backyard operations are capable of producing anywhere between half a pound to a pound of methamphetamine, which is going to sell for between $60,000 and $70,000.[96]
2.84 Similarly, the submission of the NSW Crime Commission argued:
Manufacture of speed has grown rapidly because it is relatively easy, with 'recipes' available for download on the Internet and most ingredients readily available for purchase. It is also profitable, with US figures indicating that $600 worth of chemicals can produce $2000 worth of amphetamines.[97]
2.85 The Committee notes that organised crime involvement in the various facets of the AOSD market in Australia is likely to be associated with other offences or criminal enterprises, as well as with the affairs and operations of legitimate businesses. Mr Kitson pointed out that it is profit that ultimately drives the production of amphetamines, not the production of the drug itself, and that it is quite possible that AOSD-related offences will be uncovered as a result of, for example, a tax fraud or money laundering investigation.[98]
2.86 The ACC submission says that, apart from the significant involvement of OMCGs, the ACC is concerned and expects that the AOSD-related activity of serious and organised crime groups will increase. In part, this is due to a continuing trend towards domestic MDMA and methamphetamine production, coupled with the expected gradual shift towards greater transnational orientation of AOSD-producing networks.[99]
2.87 In light of the anticipated escalating involvement of organised criminal groups in the AOSD market, the ACC must remain in a position to ensure adequate development of its intelligence-gathering function in fulfilment of its responsibilities concerning organised crime. Organised criminal groups appear to have unlimited resources, the ACC must continue to be funded in a way which allows it to meet the challenges of organised crime.
Recommendation 4
2.88 The Committee recommends that the Australian Crime Commission continue to be funded commensurate with the anticipated increase in organised criminal activity in relation to amphetamines and other synthetic drugs (AOSD).
Conclusions
2.89 The use of AOSD is escalating in Australia. Evidence suggests that it is becoming the drug of choice for many young people and that AOSD are being used regularly in social situations. For many in this group, AOSD do not carry the social stigma of drugs such as heroin.
2.90 Evidence to the inquiry suggests that the growth in the Australian AOSD market is in part a result of entrepreneurial decisions made by international organised criminal groups that moved from the heroin market to AOSD, as AOSD, being easier to produce and market, was perceived as more lucrative. Domestic organised criminal groups are also increasingly becoming involved in production of AOSD, again because domestic production is more profitable.
2.91 The escalation in the use of AOSD, coupled with the increasing availability of illicit drugs, now poses a significant problem for governments, law enforcement agencies, the health sector and the wider community. The following chapter considers the national policy framework in place to deal with illicit drugs.
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