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XVII

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MardiGrass
XVII

Cannabis Law Reform Rally


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Last Update: May 14, 2009 0:08 AM

Just Say Know!Legal Information


2009 Plain Language / Revised Version

Pot & The Law

 


Mardi Grass 2009


There are separate offences for possession, use, cultivation or supply of pot.

Penalties

Supply is usually considered more serious than cultivation, and cultivation is usually considered more serious than possession.

The penalty for a drug offence depends mostly on the type of offence (that is, supply, cultivation or possession), and then the quantity of drugs involved and your prior record.

A first offender pleading guilty to possession of a small amount of pot might have no conviction recorded against them, or get a fine. Someone convicted of supply, especially if it is not their first supply offence, would likely go to jail.

What do you say to the police?

You do not have to say anything to the police, whether they arrest you or not, apart from your name, age and address.

The best advice is to say something like, ‘I do not wish to say anything until I get legal advice”. Beware of small talk and being trapped into a conversation. Just tell them your name, age and address.

If you admit anything (or say something that sounds like you’re admitting something), the police can use that in evidence against you.

The law of possession

To prove possession, the police must prove that you knew that you had the drug in your custody or under your legal control. Depending on the circumstances, it might be difficult for the police to prove that you must have known about the presence of the drug.

In cases involving more than one person having potential access to the drugs – for example, shared houses – the police must rule out, beyond reasonable doubt, that another person might be the one in possession of the pot.

Police questions will be aimed at getting you to admit to things they otherwise might not be able to prove.

Winnie and Riot Squad passing

Neither snow nor rain nor heat nor gloom of night stays these drug testing winnebagoes from the swift completion of their appointed rounds...

Cautions

If you have less than 15 grams of pot AND you have no prior convictions AND you admit that the pot is yours, you might get a caution (instead of having to go to court).

Random Roadside Testing

The police have the power to randomly drug test drivers, for cannabis, amphetamine and ecstasy, by saliva swab.

If the initial test indicates positive, you have to give a second swab which is tested in a specially equipped drug bus. If that second swab shows positive, the sample is sent to a laboratory for analysis. You do not get arrested, but you are not permitted to drive for 24 hours. If the laboratory confirms the presence of the drug, you will be sent a notice to attend court.

The maximum penalty for driving with the “presence” of one of these drugs in your system is a $1,100 fine and 3 months minimum licence disqualification.

Supply

Supply includes selling, giving away, agreeing to supply. Technically, sharing pot is also supply.

If the police can prove that you were in possession of 300 grams of pot or more (the amount deemed to be intended for supply), you must prove that your possession was not for supply (for example, personal use).

Cultivation

Cultivation means some activity to assist growing or harvesting. Cultivation of cannabis can include planting or watering or fertilising.

There is also an offence of possessing cannabis plants, with the same maximum penalty as cultivation.

Hydroponic plants

There is now a separate offence of cultivation of hydroponic plants. The maximum penalties are substantially higher than for cultivating an equivalent number of outdoor plants. But the police must prove that the indoor cultivation was “for a commercial purpose” (which is not necessary in outdoor cultivation cases).

Searches

Police are legally entitled to enter and search private property if they have a search warrant, or if they are invited on by one of the occupiers.

The police have the power to search you personally, without a warrant, if the police believe on reasonable grounds that you might be in possession of pot.

Sniffer dogs

The police can use sniffer dogs in some places (on trains and buses, and on or near railway stations and bus terminals, in licensed premises, at dance parties and music festivals) without a warrant. In other places, for example on the street, they need a warrant to use a dog for drug detection.

TAKE CARE


"DECRIMINALISED"

STATE DRUG LAWS

Some States and the Territories have implemented automatic set penalties for less serious cannabis offences. This is sometimes misleadingly referred to as “decriminalisation”. The details vary between jurisdictions, but the general idea is that police can issue you with a form of infringement notice to pay a set fine within the specified time.

If you pay the fine, there is no further action and no conviction recorded against you??. If you do not pay the fine, you will be taken to court and be liable to punishment in the usual way.

Some of the details of these set penalty schemes are shown below.

Offences involving larger quantities of cannabis than those specified, or offences involving other prohibited drugs, are dealt with by the courts.

South Australia

The police can issue an infringement notice (called a “simple cannabis notice”???) for the following offences:

Possession - leaf
less than 25 grams $50.
more than 25 but less than 100 grams $150

Possession - hashish
less than 5 grams $50.
more than 5 but less than 100 grams $150

Cultivation
one plant $150

Smoking (except in public) $50

Possession of equipment $50


The fine must paid within 28 days


s. 45A Controlled Substances Act 1984 (SA) and reg 6 Controlled Substances (Expiation of Simple Cannabis Offences) Regulation 2002 (SA)


ACT

The police can issue an infringement notice (called a “simple cannabis notice”???) for the following offences:


Possession - leaf
less than 25 grams $100

Cultivation – not hydro
one plant $100

The fine must paid within 60 days

Section 171A Drugs of Dependence Act 1989 (ACT)


Northern Territory

The police can issue an infringement notice (called a “simple cannabis notice”???) for the following offences:

Possession - leaf
50 grams $200

Possession - hashish
10 grams resin $200
1 grams oil $20

Cultivation
two plants $200

The fine must paid within 28 days

Pt IIB Misuse of Drugs Act 1981


Western Australia

The police can issue an infringement notice, called a “Cannabis Infringement Notice (CIN), for the following offences:


Possession - leaf
15 grams $100
30 grams $150

Cultivation
two plants – not hydro $200

Smoking (except in public) $50

Possession of equipment $100


Or you can elect to complete a Cannabis Education Session (CES).

The fine must be paid, or the CES undertaken, within 28 days, but this period may be extended.

Cannabis Control Act 2003 (WA) and Cannabis Control Regulation 2004 (WA)

 

 
MARDIGRASS - MARDIGRASS 2009 - ORIGINS - PAST YEARS - PROGRAM '09
NSW Cannabis Laws - Nimbin Accommodation, Places to stay.. - Ganja Faeries
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www.hempjobs.net - Poetry for the Head - www.nimbintelevision.com
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