Cannabis Cautioning Scheme in NSW: Summary
1999 NSW Drug Summit recommendation
The Cannabis Cautioning Scheme (CCS) provides for formal cautioning of adult offenders detected for minor cannabis offences and arose from recommendation 6.7 of the NSW Drug Summit. The objective of such a Scheme was “to use police intervention to assist offenders to consider the legal and health ramifications of their cannabis use and seek treatment and support” (NSW Government, 1999b: p. 70). NSW Scheme
The Cannabis Cautioning Scheme commenced on 3 April 2000 and is operated by NSW Police. Under this scheme, adults detected by police using or in possession of not more than 15g of dried cannabis and/or equipment for using the cannabis may receive a formal police caution rather than face criminal charges and court proceedings. The Scheme applies to adults only and allows police to exercise their discretion in appropriate cases and issue a caution. Police are still able to decide instead to formally charge offenders. A person can only be cautioned twice and cannot be cautioned at all if they have prior convictions for drug offences or offences of violence or sexual assault. The Scheme also does not apply to those caught supplying cannabis – drug dealers continue to be arrested and prosecuted under the Drug Misuse and Trafficking Act 1985. The Caution
The formal Police caution warns of the health and legal consequences of cannabis use and provides each cautioned person with information about treatment and support services. In particular, the caution notice advises offenders that they can call the Alcohol and Drug Information Service (ADIS) for confidential help and information regarding their cannabis use. Persons who receive a second, final, caution are required to contact ADIS for a mandatory education session about their cannabis use.
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