Pubdate: Mon, 08 Sep 2003
Source: West Australian (Australia)
Copyright: 2003 West Australian Newspapers Limited
Contact:  http://www.thewest.com.au
Details: http://www.mapinc.org/media/495

CONFUSED MESSAGE IN DRUG PLAN

THE State Government claims that its Cannabis Control Bill will allow 
individuals, particularly the young, to make a mistake without bearing the 
lifelong burden of a criminal record.

But now it is proposing an amendment which allows people not just a single 
mistake but three before they face the consequences of their actions.

Under the amendment, cannabis users will be able to offend three times in 
three years before being required either to argue their case in court or 
attend an education course.  The police will, however, have discretion on 
whether to issue an infringement notice or lay criminal charges.

This is further evidence of the Government's muddled approach to dealing 
with a steadily increasing drug problem in the State.

The Cannabis Control Bill decriminalises the personal use of cannabis by 
allowing people growing two cannabis plants or possessing less than 30g of 
the drug to face a fine but avoid a criminal record.

The Goverment has argued that the laws governing the use of cannabis should 
not result in a person carrying a criminal record for what may have been a 
single indiscretion or a moment of youthful experiment. But now it plans to 
allow three such indiscretions.

There is general acceptance of the Bill's basic aims, since there is little 
value in blighting an individuals's future over a single mistake.  The Bill 
also recognised the reality of drug use in the community, and that there 
are better ways for slender police and court resources to be employed than 
in the pursuit of people over the personal use of cannabis.

The Government says that despite allowing an offender three changes, the 
latest amendment targets repeat offenders.  It is difficult to see how it 
does anything but accommodate them.

If the Government is serious about trying to reduce the presence of drugs 
in the community, and about early intervention among cannabis users, 
offenders should face the consequences after their first offence, and not 
be able to wait until their third transgression.

The Government argues that it is more important to get people into 
treatment than before the courts.  That is certainly true, but the sooner 
that process begins the better.

Another concern about the Bill is that no limit has been set on the number 
of times an individual can be fined for cannabis possession associated with 
personal use.  For the new law to have any value there needs to be a point 
at which a penalty greater than an education course or a $200 fine applies.

The Government says, quite rightly, that the Bill does not make the use of 
cannabis legal.  But neither does it loom as a deterrent. Regular users of 
cannabis will be relieved to know that they will no longer be faced with a 
criminal record.  It can be argued that the Bill sends the wrong meessage 
to young people, at a time when the widespread use of cannabis and other 
drugs is a significant health and social problem.

The emphasis of the Bill, which will be debated in the Legislative Council 
tomorrow, is on catching those who deal in the drug, which suggests that 
simply using it is acceptable.  The amendment to the Bill does nothing to 
change that emphasis and reinforces the fear that cannabis use will be 
tolerated.

The community will be no better off for that. 
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MAP posted-by: Keith Brilhart