The cultivation of one or two cannabis plants for personal use is considered a minor offence in the ACT.
ACT Policing has issued more than 530 fines for simple cannabis offence notices since July 2009, which might have resulted in criminal charges in five other Australian states that have not decriminalised the possession of small amounts of cannabis.
The possession of less than 25 grams of cannabis or the cultivation of one or two cannabis plants (excluding all hydroponically or artificially cultivated plants) for personal use is considered a minor offence in the ACT and carries a $100 fine payable within 60 days.
While possession is decriminalised rather than legalised, ACT Policing remain able to charge an offender should they deem it appropriate and any failure to pay a fine may result in criminal proceedings before an ACT court.
Since July 2009, an average of 106 infringement notices have been issued each year with the majority of offences related to the possession of cannabis, plant cultivation, or the possession of a drug of dependence.
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Possession of less than 25 grams of cannabis accounted for 482 of the notices issued, while the possession of one or two cannabis plants accounted for 18 notices.
The possession of other “drugs of dependence” accounted for a further 18 notices with the remaining offences related to other prohibited substances.
An ACT Policing spokeswoman said the simple cannabis offence notice system streamlined police procedures and reduced court time for what would be otherwise a minor criminal matter.
“Additional benefits beyond the avoidance of a court experience and possible criminal conviction for the offender are perceived to be a reduction in the contact between the average user and the criminal element involved in dealing drugs,” she said.
The spokeswoman said the infringement notice system also reduced the time and resources police spent on minor offences and enabled them to target the cannabis “black market”.
Those issued with an infringement notice by police can choose to attend a drug assessment and treatment program rather than paying the $100 fine.
Canberra Alliance for Harm Minimisation and Advocacy manager Sione Crawford said the simple offence notices were generally a positive thing for individuals, especially those who have no criminal record.
“With a criminal record, it can be harder to get a job, which can impact on finances, health outcomes, and may make people more prone to engage in other criminal activities,” he said.
“Once you’re involved in the criminal justice system it can be hard to disentangle yourself from it.”
Mr Crawford said it was important for people to realise ACT Policing retain the right to press charges and that cannabis possession was decriminalised, rather than legalised.
He also said the Canberra Alliance for Harm Minimisation and Advocacy would welcome the decriminalisation of other drugs, with ecstasy and MDMA the obvious next steps.
According to the Australian Crime Commission’s Illicit Drug Data Report 2012-13, more than 200 kilograms of cannabis were confiscated in Canberra over the past year, which accounted for 90 per cent of the weight of all illicit drugs seized in the ACT in 2012-13.
The report also found Canberra’s arrest rate for drug possession was less than a third of the national average during 2012-13 with 14 people arrested per 10,000.
South Australia and the Northern Territory are the only jurisdictions to have decriminalised the possession of a “small amount” or cannabis with possession in other states capable of resulting in criminal charges.
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than 480 people fined for cannabis possession in ACT since 2009
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