Aussies caught with a small amount of illegal drugs on them could soon be let off with just a warning if radical ‘three chances’ proposal is passed
- The NSW government is moving to decriminalise small quantities of illicit drugs
- Proposed change in criminal policy would involve a three strike warning system
- No conviction will be recorded if the quantity is considered ‘personal use’
The New South Wales government is moving to decriminalise the possession of small quantities of illicit drugs.
The major policy change would include a warning system that gives offenders three chances before they are charged with a crime.
If someone is caught with a quantity of drugs small enough to be deemed for ‘personal use’ they will avoid a criminal charge.
They will receive a warning for a first offence, but if they are caught a second or third time within 12 months they will be fined.
The New South Wales government is moving to decriminalise small quantities of illicit drugs (Pictured: NSW police with a sniffer dog speak to a man at the Fomo NYE festival in Sydney)
The major change would include a warning system that gives offenders three chances to walk free before they are charged with a crime (Pictured: music lovers attend the Splendour in the Grass music festival in Byron Bay)
A criminal conviction will be recorded if there is a fourth offence.
The warnings will reset once 12 months lapses.
Greens MP David Shoebridge has described the news as ‘an extraordinary development’.
‘This is a victory for common sense, a win for young people who don’t want to be monstered just for being young and ultimately a win for police who can divert these resources to fighting serious crime,’ Mr Shoebridge said.
‘These are modest changes, far from full decriminalisation, but if they do become law they will reduce unnecessary and aggressive policing of minor drug offences.
‘This will not end the government’s unwinnable war on drugs but it will lead to an important re balancing of powers between police and civil rights.’
Festival goers have previously faced strong police patrols and sniffer dogs at the entry to music festivals (pictured: a large crowd gathers at Fomo NYE festival in Sydney)
Greens MP and Drug Law Reform Spokesperson Cate Faehrmann said it is clear the war on drugs has failed.
‘Young people have been harassed for too long in NSW for simply doing something that almost half of us have done in our lifetimes, and that is use an illegal drug,’ she said.
‘Along with these changes, it’s important that resources spent on policing are now diverted to drug rehabilitation and harm reduction services,’said Ms Faehrmann.
The New South Wales government is expected to make a final decision on the ‘three chances’ policy in the coming weeks, reports 7 News.
Some ministers were hesitant to show support for the bill in cabinet on Monday amid concerns it would appear the government was going soft on crime.
A similar law already exists in the state for anyone caught with up to 15 grams of marijuana.
The Cannabis Cautioning Scheme has been in place since 2000, providing a formal warning system for adult offenders detected for minor cannabis offences.
A person will receive two warnings without being fined or having any form of conviction recorded against them.
Since 2019 New South Wales police have had the power to issue $400 on-the-spot fines for the possession of a ‘small quantity’ of drugs.