Review recommends strengthening of Western Australia's cannabis laws

29/11/07
A statutory review of new cannabis laws introduced in 2003 has found that the Cannabis Infringement Notice scheme has been a success and enjoys broad community support.
Health Minister Jim McGinty said that possession of small amounts of cannabis did not attract a criminal record under the CIN scheme, but it was still unlawful and penalised by way of infringement notice.
"Research shows cannabis use in Australia has been declining over the past decade, with the level of annual use falling from 22 per cent in 1998 to 13.7per cent in 2004; and preliminary research indicates this will drop further this year to a rate of 11.7 per cent," Mr McGinty said.
The Drug and Alcohol Office has made a raft of recommendations in its review of the Cannabis Control Act 2003, tabled in Parliament today.
Key recommendations:

• continue with the Cannabis Infringement Notice (CIN) scheme and improve it;
• reduce the quantity of cannabis to which the CIN scheme applies from 30 grams to 15 grams;
• remove the offences of cultivation of non-hydroponic cannabis plants from the CIN scheme;
• include juveniles in the CIN scheme and make cannabis education mandatory;
• increase the financial penalties for offenders who opt not to attend an education session; and
• conduct further community education campaigns about health risks of cannabis.

Mr McGinty said under the proposed changes, people caught with more than 15 grams of cannabis would face criminal prosecution. Between 2004 and 2007, only 2.6 per cent of all Cannabis Infringement Notices were for possession of 15 to 30 grams of cannabis.
In the same three-year period, police issued 9,328 infringements - 58 per cent of which were for possessing up to15 grams of cannabis and 36 per cent for possessing a smoking implement. It was proposed to retain these offences under the CIN scheme.
The review has recommended that a person found cultivating any cannabis plants be prosecuted rather than receive an infringement notice. Only 2.7 per cent of all CINs issued 2004-2007 were for the cultivation of one or two plants.
Mandatory education:
The review has recommended that juveniles be included in the CIN scheme for the first time and that it be mandatory for them to attend a cannabis education session.
Mr McGinty said that in 2004, it was estimated there were 42,000 people in WA with a cannabis use disorder, and that 6,970 were aged between 14 and 19.
Between 2005 and May 2007, there were 1,839 juvenile minor drug offences recorded by WA police and the Drug and Alcohol Office has stated that most would have involved cannabis. Of these, 228 (12 per cent) were referred to a Juvenile Justice Team, while 1,611 (88 per cent) were issued with a caution.
"It is clear from these statistics that most teenagers don't face any consequences for possessing cannabis and I'm sure parents would support the introduction of mandatory education to prevent future problems in their lives," the Minister said.
Aboriginal Community Controlled Health Services would be included as providers of cannabis education sessions where possible, particularly in regional and remote areas.
Penalties:
About 75 per cent of Western Australians issued with a CIN have complied with their penalty of either paying a fine or attending a cannabis education session, which compares favourably with compliance rates of 45 to 50 per cent in many other Australian jurisdictions.
Mr McGinty said the Government was determined to build on that success and was likely to support a recommendation to significantly increase the current CIN fine of $100 for possessing up to 15 grams of cannabis - providing an extra incentive for offenders to attend an education session.
"The CIN scheme has also proven to be cost-effective, saving an estimated $2million over three years when compared with the alternative of minor cannabis offenders being dealt with by Magistrates Courts and clogging up the justice system," the Health Minister said.
In welcoming the report, Mr McGinty said Cabinet would give detailed consideration to its recommendations.
Minister's office: 9422 3000