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. 
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MAP posted-by: Richard Lake