SUBSCRIBE TODAY!!!

Western Australia Health Minister Bob Kucera announced Sunday that the government would implement a system of "prohibition with civil penalties" for people caught smoking or possessing small amounts of marijuana. Under the Labor government proposal, cannabis would remain illegal, but people possessing less than 30 grams or two plants would be charged with a civil infringement, cited and fined. But police would retain the discretion to file criminal charges if they thought the law was being "flouted."

The measure drew praise from Australian Drug Law Reform Foundation state president Jason Meotti, who told the Western Australian that the move reflected growing acceptance of cannabis use in the state. But he did not address the discretion provision and he argued that removing the stigma could help those dependent on cannabis to seek help. "By taking it out of the criminal realm, people with cannabis use problems may actually seek help, particularly those who hold significant positions who may have been reluctant to come forward in the past," he said.

If Meotti was sanguine, the Labor proposal has already drawn fire from the Green Party, whose five members of parliament (MLCs) are crucial to getting it passed. MLC Chrissie Sharp said Monday that she would work to amend the discretion language, charging it would lead to corruption and uneven enforcement of the law. "If you have a policy of decriminalization, it should be clear and policed automatically, not left up to somebody's discretion," Dr. Sharp told the West Australian.

Even law enforcement officials who support the plan -- albeit with some misgivings about appearing to condone marijuana use -- have raised concerns about the discretion issue. "There is a risk with this sort of legalization, making it [cannabis use] seem like acceptable conduct," Western Australia Police Union president Michael Dean said. "I understand why they are changing the laws because it will free up police resources to focus on suppliers," he told the West Australian. "But I am concerned that the discretionary powers they plan to create could create confusion if the police service does not have clear guidelines."

The Labor proposal, which Kucera said would now be drafted and in place before the end of the year, is based on two years of meetings, studies and discussions throughout the state. It follows the recommendations of the recent report of the Working Party on Drug Law Reform (http://www.wa.gov.au/drugwestaus/), which in turn was based on the state's Community Drug Summit. The government cannabis provisions include:

• People in possession of less than 30 grams or two placed may, at police discretion, be charged with a civil infringement and fined or charged with criminal possession. The stash gets confiscated in either case.
• Thresholds for triggering distribution charges have been lowered. Under current law, possession of more than 100 grams or 25 plants is considered presumptive of dealing; under the Labor proposal, the threshold would be lowered to 100 grams or 10 plants.
• Civil fines will range up to $200 and must be paid within 28 days. (Reformers have complained that under a similar ticketing scheme in South Australia, more people, especially the poor and the young, are ending up jailed for nonpayment of fines than were ever jailed for marijuana possession.)
• Hydroponic grow operations, no matter how small, are not included.
• Hashish and hash oil are not included.

With the opposition Liberal Party having declared against the civil penalty scheme, Labor will need the votes of Green Party members to obtain a majority in parliament. Now, as the issue of discretion to file criminal charges takes center stage, the struggle to determine whether the new cannabis law will be a half-step forward or a quarter-step forward begins.

	Please make a generous donation to support Drug War Chronicle in 2007!

PERMISSION to reprint or redistribute any or all of the contents of Drug War Chronicle (formerly The Week Online with DRCNet is hereby granted. We ask that any use of these materials include proper credit and, where appropriate, a link to one or more of our web sites. If your publication customarily pays for publication, DRCNet requests checks payable to the organization. If your publication does not pay for materials, you are free to use the materials gratis. In all cases, we request notification for our records, including physical copies where material has appeared in print. Contact: StoptheDrugWar.org: the Drug Reform Coordination Network, P.O. Box 18402, Washington, DC 20036, (202) 293-8340 (voice), (202) 293-8344 (fax), e-mail [email protected]. Thank you.

Articles of a purely educational nature in Drug War Chronicle appear courtesy of the DRCNet Foundation, unless otherwise noted.

Out from the Shadows HEA Drug Provision Drug War Chronicle Perry Fund DRCNet en Español Speakeasy Blogs About Us Home Why Legalization? NJ Racial Profiling Archive Subscribe Donate DRCNet em Português Latest News Drug Library Search special friends links: SSDP - Flex Your Rights - IAL - Drug War Facts StoptheDrugWar.org: the Drug Reform Coordination Network (DRCNet) 1623 Connecticut Ave., NW, 3rd Floor, Washington DC 20009 Phone (202) 293-8340 Fax (202) 293-8344 [email protected]