Australia: Court Uncertain On Cannabis Law

Newshawk: Ken Russell

Source: The West Australian

Contact: dtmletr@matp.newsltd.com.au

Pubdate: Friday, August 14, 1998

COURT UNCERTAIN ON CANNABIS LAW

THE Court Government has taken a faltering half-step towards cannabis law reform by introducing a limited trial of a cautioning system for first offenders.

Any move towards a more rational law is to be welcomed, even if it is as timid and uncertain as this one. There is evidence of widespread use of cannabis in WA - particularly among young people - and criminal sanctions clearly have not worked as a deterrent.

People who are caught with small amounts of cannabis for personal use run the risk of criminal prosecution for a first offence. They could end up with a criminal record, which would damage their career prospects.

Statistics on cannabis use show that it is widely accepted in society and that the law that would make criminals of first-time users of small amounts is out of tune with changing community standards. The Government's decision to hold the trial - despite its previous adamant opposition to any hint of leniency in its policy on drug abuse - suggests that it has picked up the mood of the electorate on this issue.

But it is also apparent that it has succumbed, at least partly, to the urgings of Police Commissioner Rob Falconer who advocates a cautioning system. Mr Falconer favours cautioning cannabis users the first two times they are caught and taking them to court the third time.

Mr Falconer's interest is self-evident. The system he Wants would release officers from the time-consuming court process to focus on more serious crime.

Figures on cannabis use show that police have no hope of catching and prosecuting offenders at anywhere near the rate at which the drug is used illegally, even if they had the numbers to do so. And if they did, the courts would be overwhelmed by cannabis-use cases.

Most people would agree that police have more pressing work to do when anxiety about violent crime has became a major issue in WA.

The Government has been prepared to go only a small part of the way with Mr Falconer. It will hold a one-year trial from October 1 in the Mirrabooka and Bunbury. police districts. And cautions will apply only to first offences.

The trial should have covered the whole State. It is wrong in principle to enforce the law differently on the basis of the region in which an offence takes place. La enforcement should be equal to all citizens, regardless of where they are.

The Government has now agreed to a system under which one first-time cannabis offender could get a criminal record but another a few metres away would be let off with a caution. This discrimination will not foster respect for the law among young people.

First-time cannabis offenders in the trial areas will have to undergo an education program within two weeks of being caught, or face criminal proceedings. This is a useful innovation, provided the program is a factual explanation of the effects of cannabis use.

Such offenders should be fully informed about the effect cannabis use bas on their health. But this will be available only for offenders in the trial areas.

By opting for this strictly limited trial, the Government has avoided making a politically controversial decision for the whole of WA. It should give a precise definition of the criteria to be used to judge the success or otherwise of the trial.

Checked-by: Mike Gogulski