New anti-cannabis laws will mark the start of the Liberal-National Government's fight to turn around eight years of a soft-on-drugs approach by the previous Labor government which has left lives ruined.
Premier Colin Barnett today announced the Government would this week introduce legislation to repeal the Cannabis Control Act 2003 and make changes to the Misuse of Drugs Act 1981 and the Young Offenders Act 1994, sending a clear message that the current State Government did not endorse illicit drug use.
Mr Barnett said the cannabis-related legislation was the first in a series of steps the Government would take to send a clear anti-drugs message to the community and toughen penalties for people who broke the law through drug-related offences.
According to the 2007 National Drug Strategy Household Survey, cannabis was the most widely used illicit drug in Western Australia with an annual usage rate of 10.8 per cent.
"The Liberal-National Government is committed to tackling both the demand and supply sides of the illicit drug problem through strong law enforcement policies, education and rehabilitation," the Premier said.
"Cannabis is not a harmless or soft drug. Research continues to show that cannabis can lead to a host of health and mental health problems including schizophrenia, and can be a gateway to harder drugs.
"The Government believes a tougher approach against drugs is necessary to send a clear message not to use drugs, but we also recognise the existence of a criminal record has a serious impact on a person's future employment prospects. At present, once a conviction is recorded, it remains on a person's criminal record for at least 10 years.
"Under the Government's proposed laws, a person convicted of minor cannabis possession offences will be able to apply to have a conviction spent after three years, provided they are not convicted of further offences during that period.
"This approach ensures minor drug offenders who demonstrate they are prepared to take responsibility and rehabilitate themselves are given an opportunity to turn their lives around."
The new cannabis-related laws will:
prosecute the possession of more than 10 grams of cannabis. This is a reduction from the previous Labor government's stance where prosecution only occurred when it was more than 30 grams
result in subsequent offences for possession being prosecuted as criminal offences
prosecute people for cultivating cannabis plants. Under the previous Labor government's regime, people could grow two cannabis plants per person, per household without facing criminal charges
make it illegal for cannabis smoking implements to be sold to anyone, including adults. Currently it is only an offence to sell these implements to children
increase fines for the sale of smoking implements. The new laws will allow for fines of up to $5,000 for sale to an adult and up to $10,000 for sale to a minor. Bodies corporate will be fined equivalent to five times these amounts.
The Government will also replace the failed Cannabis Infringement Notice scheme (CIN) with the Cannabis Intervention Requirement Scheme (CIRS).
"The CIRS has a primary focus on education and takes a firm, yet compassionate, approach to people found to be in possession of less than 10 grams of cannabis," Mr Barnett said.
"Under the new scheme, anyone caught will have no option but to attend a Cannabis Intervention education session within 28 days of the offence or face prosecution through the courts.
"Unlike the soft system we have inherited where people can be issued with infringement notices ad nauseam, juveniles will only be eligible for two notices and adults for one.
"After that they will be prosecuted for further offences."
A person will not be eligible for a CIRS if they are caught cultivating or in possession of plants.
The new CIRS sessions will differ significantly from the current CIN scheme because:
This year, under the soft system the Liberal-National Government inherited from Labor, only five per cent of offenders actually participated in an education session.
The Premier said further anti-drug legislation would be introduced in coming months.
"The next steps will be to amend legislation to enable courts to impose a harsher sentence on dealers who sell or supply illicit drugs to children, irrespective of the location of the sale or supply," he said.
"Further amendments to the Misuse of Drugs Act 1981 will provide offences for exposing children to harm or to the danger of serious harm from the manufacture of illegal drugs, such as amphetamines, or the unlawful cultivation of illegal hydroponically-grown plants.
"The Government will also move to ban the sale of drug paraphernalia, including cocaine kits."
The repeal of the Cannabis Control Act will reinstate the primary responsibility for cannabis cautioning under the Misuse of Drugs Act 1981.
With the repeal of the Act, all registered Cannabis Infringement notices will be deemed 'paid' after they have been registered with the Fines Enforcement Registry for 12 months. This will allow police to destroy their cannabis stockpile which is retained for evidentiary purposes.
Premier's office: 9222 9475
