Leading a Liberal-National Party coalition government, West Australia Premier Colin Barnett is introducing legislation this week to roll back reforms to the state's marijuana laws. Passed by an earlier Labor government in 2003, the changes decriminalized the possession of up to 30 grams of pot and allowed for the growing of up to two plants without fear of arrest and prosecution.
In a media statement Sunday and another one Monday, the "tough on crime" premier gave clear notice he was cracking down on pot and other drug offenders, and was willing to extend police powers to do so. He said he would introduce legislation to repeal the state's Cannabis Control Act of 2003 and to amend the 1981 Misuse of Drugs and Youthful Offender Act.
"The Liberal-National Government is committed to tackling both the demand and supply sides of the illicit drug problem through strong law enforcement policies, education and rehabilitation," Barnett said. "Cannabis is not a harmless or soft drug. Research continues to show that cannabis can lead to a host of health and mental health problems including schizophrenia, and can be a gateway to harder drugs," he maintained, treating highly controversial and discredited claims as if they were fact.
According to Premier Barnett, his legislation will:
⢠Prosecute those in possession of more than 10g of cannabis
⢠See subsequent offences for possession being prosecuted as criminal offences.
⢠Prosecute people for cultivating even one or two cannabis plants.
⢠Extend the ban the sale of pot-smoking implements to minors to include everyone.
⢠Increase the fine for selling smoking implements to $5,000 for sale to adults and $10,000 for sale to minors. Corporate entities could be fined up to five times those amounts.
Barnett also wants to "reform" the Cannabis Infringement Notice Scheme (CIN), or ticketing and fines for decriminalized amounts by replacing it with a Cannabis Intervention Requirement Scheme (CIRS) that would require anyone ticketed to attend "drug education" classes. It would also mandate that anyone who failed to pay his fine would be prosecuted, something that has not been the case under the current law.
Barnett's scheme would also allow for the criminal prosecution for marijuana possession of juveniles after two decrim tickets and adults after one. The current law has no such measures.
There's more to come, Barnett promised. "The next steps will be to amend legislation to enable courts to impose a harsher sentence on dealers who sell or supply illicit drugs to children, irrespective of the location of the sale or supply," he said. "Further amendments to the Misuse of Drugs Act 1981 will provide offences for exposing children to harm or to the danger of serious harm from the manufacture of illegal drugs, such as amphetamines, or the unlawful cultivation of illegal hydroponically-grown plants. The Government will also move to ban the sale of drug paraphernalia, including cocaine kits."
But, he said Monday, he's going to start by soon introducing legislation to allow police to stop and search anyone without probable cause. The police commissioner would designate certain "stop and search" zones with advance public notice, especially in entertainment areas.
"Police will have the right to go up to anyone they wish to and introduce a stop and search power," Barnett said. "It will not be an invasive search; it will be comparable to the sort of search and screening that takes place for any citizen getting on an aeroplane."
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