OPINION: We have heard a lot about the failures of our criminal justice system, but we haven't heard much about a solution.

Here's an idea: decriminalise all drugs.

This isn't as radical as it sounds. Following in Portugal's footsteps, decriminalising drugs would drastically reduce our prison population.

Here are five good reasons why we should decriminalise drugs.

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* Drug Foundation calls for decriminalisation of all drugs

* Aussie lawyers' 'radical proposal' to decriminalise drugs

Drug use is a health issue, not a criminal issue

For people who suffer from addiction, or know someone that does, it is not hard to accept the proposition that addicts are sick people – not bad people.

A 2016 Department of Corrections study found that nearly all (91 per cent) prisoners had a lifetime diagnosis of a mental health or substance use disorder. Marijuana was the most prevalent drug of abuse with 24 per cent of prisoners having a lifetime diagnosis, while stimulants were the most common drug of dependence with 23 per cent having a lifetime diagnosis. Prisoners were seven times more likely to have a lifetime prevalence of any substance use disorder compared to the general population.

Evidence shows that punishing and threatening people does not stop drug use. It is unsurprising that, with no sufficient treatment for the issues that cause offending, 54 per cent are back behind bars just 2 years after release. João Goulão was the physician who led the drug reform programme in Portugal. He said:

If our responses are based in the idea that we talking about addiction, that we are talking about chronic disease, talking about a health issue — to have it out of the penal system is a clear improvement. It was really important for our society because it allowed us to drop the stigma.

This is critical. Reducing the criminal stigma attached to those who have a drug addiction increases the ability of those people to reach out to mental health services.

Decriminalising drugs does not increase drug use

As an empathetic society, we need to separate out addiction from criminal behaviour.

According to the NZ Drug Foundation, 44 per cent of adult New Zealanders will try an illicit drug, and 93 per cent will try alcohol.

Most people don't get addicted, but for those that do, the consequences to the individual and to society are severe. In New Zealand, methamphetamine is illegal, but we still have one of the highest rates of use of the drug in the world.

Regardless of whether drugs are criminalised or not, a subset of the population will develop substance use disorder. This can be seen in the regulated markets of alcohol and tobacco. Like all mental illness, addiction needs treatment. When an individual's substance use attracts the attention of the law, this is a sign that they have lost control. Punishment is unhelpful and creates further barriers to rehabilitation.

In Portugal, where drugs were decriminalised in the 1990s, drug use has fallen over the last 15 years. Portuguese drug use trends are similar to those throughout Europe, but in a country where drugs are not stigmatised, problem users are more likely to seek help.

Decriminalising drug use will decrease the prison population

Iain McGregor In New Zealand, people under 30 years old make up nearly half of all convictions for low-level drug offences

In New Zealand, people under 30 years old make up nearly half of all convictions for low-level drug offences. These offences include possessing or using drugs or drug utensils. In 2016, 799 people were imprisoned for possession and/or use of an illicit drug or drug utensil.

Having a conviction stigmatises a person for the rest of their life. These young people will find it harder to travel, find employment, obtain insurance and borrow money. A conviction creates a permanent handicap to re-entering society. This marginalised section of society is then more likely to reoffend – and then reoffend again. If low-level drug offences are no longer offences, this cycle of offending is stopped before it even begins.

Redirect money to where it is needed

The 2016 New Zealand Drug Harm Index estimates the social cost of drugs as $1.8 billion. This includes personal harm, community harm and the cost of interventions by agencies.

The Ministry of Health spends $78.3 million per year, the Police $103.1 million, and the Courts $170 million on dealing with illicit drugs. The total of $351.4 million would be better spent by the Ministry of Health in treating problem users and public education.

Drug abuse is a health issue. A small minority of offenders need to be in prison to keep communities safe. But the majority are being locked away at a cost of over $100,000 per year to the tax payer for no other reason than to waste money and create more crime long term.

Money needs to be redirected into the health system so addicts can receive the treatment they need to live productive lives. In Portugal, where drugs are decriminalised, addicts are sentenced to treatment instead of prison. A logical solution.

Decriminalising drugs would create a regulated economy

Currently, the drug market is unregulated. The war on drugs has failed and methamphetamine and marijuana are easy to obtain and widely used regardless of their criminal status.

In 2016, tax avoidance on the revenue raised from the sale of illegal drugs was $254 million. This money should be being put to use in the health and education sectors.

Decriminalising drugs means tax can be collected on them and this money can be redirected into the health system where it is desperately needed to help those who suffer from substance use disorder.

In a regulated economy, drugs can be monitored and tested for purity which reduces harm for those who make the personal choice to try drugs. The sale of drugs can also be regulated by the State, turning a dangerous black market into a legitimate financial market that has clear rules.

As an empathetic society, we need to separate out addiction from criminal behaviour. Yes, it's true that addiction can be a driver of crime, but addiction itself is not – and should not be considered – criminal. By turning over resources currently used to prosecute addicts to health services who can treat addiction, as a society we are sending a message that we want these people to get better, and to become contributing members of our communities.

As João Goulão said:

"I think harm reduction is not giving up on people. I think it is respecting their timings and assuming that even if someone is still using drugs, that person deserves the investment of the state in order to have a better and longer life."

Julia Fyers is a researcher at LawAid International.