Pubdate: Wed, 02 Nov 2005 Source: Australian, The (Australia) Copyright: 2005 The Australian Contact: http://www.theaustralian.news.com.au/files/aus_letters.htm Website: http://www.theaustralian.com.au/ Details: http://www.mapinc.org/media/35 Authors: Adam Cresswell and Paige Taylor Cited: Australian Medical Association http://www.ama.com.au/ Cited: National Drug Research Institute http://www.ndri.curtin.edu.au/ Bookmark: http://www.mapinc.org/areas/Australia Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) ACT NOW TO HALT 'CANNABIS DISASTER' THE liberalisation of the laws regulating cannabis has gone too far and the states must clamp down now to avert a health disaster, the nation's top doctors' body has warned. And Coalition MPs meeting in Canberra yesterday sounded their alarm over the effects of cannabis use on mental health, after The Weekend Australian reported the rising number of people using illicit drugs was a "time bomb". Australian Medical Association national president Mukesh Haikerwal said decriminalisation of cannabis had been taken to extremes in some states, particularly when users were able to escape penalty by multiple cautions. A comparison of state penalties for cannabis possession, use and supply by The Australian shows considerable variation between the jurisdictions. One of the most liberal is Western Australia, where under laws that came into effect last year police have discretion to fine cannabis users instead of charging them. But offenders can escape the fine by attending a drug education session. "Some states ... may have gone too far away from a strong line," Dr Haikerwal said. "One caution is OK, but after that I think you have to come down quite hard." At least four other states give cautions for offences involving small amounts of cannabis. Queensland allows one caution per individual, but NSW and Victoria both allow two and Tasmania allows three in 10 years. NSW Liberal MP Bronwyn Bishop told a Coalition partyroom meeting yesterday that cannabis was responsible for many "scrambled brains" among teenagers and called for a national advertising campaign to alert people to the health risks. West Australian Premier Geoff Gallop and Health Minister Jim McGinty have defended decriminalisation, saying it had worked well and that while cannabis was dangerous, there was no evidence stiffer penalties reduced use -- a message backed by a leading drugs research group. It is understood John Howard told the meeting one of the main reasons for the nation's mental health problems was the permissive attitudes to cannabis of the older generation. According to one MP present, the Prime Minister said these attitudes "informed the behaviour of young people today, who see their parents smoking cannabis and can't see anything wrong with following their example". In the first 12 months of the new West Australian regime, where jail terms and fines are replaced by penalty notices, cautions and education, police issued fines of up to $200 to 3591 people caught with less than 30g of cannabis, a smoking implement or up to two plants. The laws allow offenders to escape the fine by attending a workshop on the health effects of cannabis. The sanctions were based on recommendations from the state's 2001 drugs summit, which included police, doctors, community agencies and leading researchers. South Australian Attorney-General Michael Atkinson said the state Government had no plan to revise cannabis laws, but there was bipartisan support for a private member's bill that would increase penalties. Federal parliamentary secretary for health Christopher Pyne called for states to tighten up their laws, saying he was "surprised at their lacklustre response". "What the states have done by decriminalising cannabis is improve their crime statistics, but they can't change the fact that the mental health of young people is worse as a result," he said. "I think the laws are lax and send the wrong messages." However, Simon Lenton, deputy director of the Perth-based National Drug Research Institute, based at Curtin University, said the evidence was that as long as cannabis use remained illegal, there was no relationship between penalties and rates of use. "Studies that have been done comparing rates of use in different places don't find rates are affected by law changes," Dr Lenton said. And fear of a criminal record often prevented people from seeking help to beat their habit. [sidebar] MAXIMUM PENALTIES South Australia Supply or possession (over 10kg dry or 100 or more plants): $500,000 fine and/or up to 25 years' prison Supply or possession (over 2kg dry or 20 or more plants): $50,000 fine and/or 10 years' prison Possession (under 2kg dry or less than 20 plants): $2000 fine and/or 2 years' prison Possession (over 100g, or more than one plant): refer to court Under 100g of cannabis but more than 25g, or one cannabis plant: expiation notice for $150 plus $10 levy Less than 25g cannabis: expiation notice of $50 plus $10 levy Police enforcement policy Minors dealt with separately under Young Offenders Act Cautions: not part of SA judicial process for breaches of drugs laws Tasmania Supply: for a traffickable quantity - over 1kg / 20 plants / 20 packets - up to 21 years in jail; for a non-traffickable quantity - up to 4 years in jail Use/cultivation: for sale - up to 21 years in jail; if not for sale - personal use - up to 2 years Police enforcement policy Maximum number of cautions: 3 in 10 years New South Wales Supply and cultivation: $500,000 fine or up to 20 years' prison Use/possession: $2000 fine or up to 2 years' prison Police enforcement policy NSW police guidelines recommends caution to people in possession of 15g or less of cannabis, or who are using cannabis. Max number of cautions: 2 Western Australia Supply: $5000 and/or four years in jail to $100,000 and/or 25 years jail or both Cultivation: a person caught with up to two plants can be fined $200 or opt to complete a cannabis education session For possession/cultivation: 2-10 plants, the maximum $2000 or two years jail or both. Use/possession: a person caught with a smoking implement can be fined $100 or opt to complete of an education session; with 15 to 30g - $150 fine or the education session; 30 to 100g - $2000 or two years' jail or both. Police enforcement policy Police can use discretion to fine or charge those caught with small amounts of cannabis. Juveniles are referred to juvenile justice teams, who decide if the youth must face Children's Court. Victoria For the supply of cannabis, the maximum penalty life in jail, a fine of up to $525,000 and forfeiture of property Cultivation: less than 100 plants or 25kg (if for personal use) maximum $2000 fine or one year in jail, if related to trafficking - maximum penalty of 15 years in jail. More than 100 plants or 25 kg - maximum penalty is 25 years in jail or $250,000. Also, houses used for growing commercial quantities are automatically forfeited if owned by the offender Use/possession: less than 50g - a $500 fine, plus a criminal conviction Police enforcement policy Since 1998 police have had the option of issuing cautions for cannabis offences by anyone aged over 17 that involves the possession of less than 50g. Queensland Supply and cultivation: more than 500g or 100 plants Penalty: 15 years, or 20 years if aggravated supply (if an adult supplies to a minor, intellectually impaired person etc) Use/possession: 15 years, or 20 years if amount involved is more than 500g or 100 plants Police enforcement policy Police must offer someone the option of the state's illicit drug diversion program if suspects are in possession of up to 50g of cannabis. Does not apply to all offences Max number of cautions: 1 Australian Capital Territory Supply: Trafficking less than 300g. Penalty: $30,000 fine and $3 years. Trafficking commercial quantities: Penalty: up to $250,000 fine and between 10 years and life imprisonment (for more than 125kg) Use/possession and cultivation: Up to 25g or not more than two cannabis plants. Penalty: $100 fine. Possession: more than 25g and less than 300g Penalty: $500 and two years' jail Police enforcement policy None: distinguish between adults and minors Northern Territory Supply: of traffickable quantity (5 - 19 plants, or over 50g resin) to a child by an adult Penalty: 14 years in jail Supply: of traffickable quantity (more than 20 plants or 500g resin) to an adult Penalty: $10,000 fine or 5 years in jail Supply: of a commercial quantity to a child by an adult Penalty: 25 years in jail Supply: of commercial quantity to an adult Penalty: 14 years in jail Cultivation: Less than 5 plants - $5000 or 2 years in jail; a traffickable quantity - 7 years in jail; a commercial quantity - 25 years in jail Use/possession: two or fewer plants or less than 50g - $5000; between 3 and 19 plants - $10,000 or jail for 5 years; more than 19 plants or more than 500g - 14 years' jail Police enforcement policy For possession, the police have the discretion to apply a $200 fine for quantities of up to 50g of cannabis resin / 2 plants / 10g of hash or cannabis seed rather than a criminal charge. - --- MAP posted-by: Richard Lake