Australian states and territories[edit]
Here are details of the penalty systems in place throughout Australia: in the
Australian Capital Territory (ACT), a civil-penalty system for possession of small amounts of cannabis was introduced in 1993. Possession of up to 25 g or two
non-hydroponic plants attracts a fine of 100
Australian dollars, due within 60 days. Offenders can choose to attend the Alcohol and Drug Program (
ACT Alcohol, Tobacco and Other Drugs Strategy). In South Australia possession of small quantities of cannabis is decriminalised, attracting a fine similar to that for a parking ticket. However, penalties for growing cannabis have become harsher since the advent of widespread large-scale cultivation. There is much confusion on the subject, with many believing that possession of a small amount of cannabis is legal.
[49]
In Western Australia, as of August 2011: A person found in possession of 10 g or less of cannabis will receive a Cannabis Intervention Requirement notice to attend a mandatory one on one counselling session. Quantities larger than this attract a penalty of A$2000 or two years in jail, or both. A person found in possession of more than 100g of cannabis would be deemed to have that quantity for supply and could face a penalty of A$20,000 or two years in jail. It is also illegal for cannabis smoking implements to be displayed in shops or sold, with fines up to A$10,000 for sales to adults and jail for up to two years or a fine of up to A$24,000 for selling to minors.
[50] Opposing political sides have accused the government of changing the laws to appear tough on drugs in response to an increased public fear of clandestine drug labs following a number of them exploding in suburban areas, such as the Lilac Pass Incident.
In
New South Wales,
Queensland, Victoria and
Tasmania, possession and use of cannabis is a criminal offence; however, it is unlikely that anyone caught with a small amount will be convicted.
[51] Diversion programs in these states aim to divert offenders into education, assessment and treatment programs. In New South Wales, if one is caught with up to 15 g of cannabis, at police discretion up to two cautions can be issued.
[51] In Tasmania up to three cautions can be issued for possession of up to 50 g of cannabis, with a hierarchy of intervention and referrals for treatment with each caution.
[51]
Similarly, in Victoria, up to 50 g of cannabis will attract a caution and the opportunity to attend an education program (
Victoria Cannabis Cautioning Program); only two cautions will be issued. In Queensland, possession of cannabis or any schedule 1 or 2 drug specified in the Drugs Misuse Regulation 1987 carries a maximum prison sentence of 15 years; however, jail terms for minor possession is very rare. Possession of smoking paraphernalia is also a criminal offence in Queensland. However, under the Police Powers and Responsibilities Act 2000 a person who admits to carrying under 50 g (and is not committing any other offence) must be offered a drug diversion program.
Adults in the
Northern Territory found in possession of up to 50 g of marijuana, one gram of hash oil, 10 g of hash or cannabis seed, or two non-hydroponic plants can be fined A$200 with 28 days to expiate rather than face a criminal charge.
With the rapid expansion in hydroponic
cannabis cultivation, the Australian Drug Misuse and Trafficking Act (1985) was amended in 2006; the amount of cannabis grown indoors under hydroponic conditions that qualifies as a "commercial quantity" or as a "large quantity" was reduced.
[51]
In South Australia, the Northern Territory and in the Australian Capital Territory, possession of less than 100 grams can result in fines from $100 to $200. In South Australia, fines can also be issued for the possession of a used bong or for possession of other used cannabis-smoking implements.
[52]