See
Australian
Appeals Fine For Publishing Information On How To Grow Cannabis Plants; "Dangerous
Literature"
and
Two Year National
Marijuana Study
Finds Decriminalization Has Not Caused Any Increase In Its Use In Australia
and
Australian Bureau of Criminal
Intelligence Supports Moves to Liberalize Cannabis Laws
July 7, 1998
The Age
Australia
letters@theage.fairfax.com.au
http://www.theage.com.au/THE LAW, STATE BY
STATE
South Australia
South Australia decriminalised low-level marijuana use in 1987, putting in place the
most relaxed drug laws in the country. The cultivation and possession of small amounts of
cannabis, up to 100 grams, attracts on-the-spot fines ranging from $50 to $150 - an
offence similar to a parking ticket. There is no conviction and the matter does not go to
court. The same on-the-spot-fine system applies to small-scale cultivation, with up to 10
backyard plants attracting the maximum $150 fine. For amounts greater than 100 grams or
more than 10 plants, normal prosecutions apply.
New South Wales
It remains illegal to cultivate, possess and/or sell cannabis. There is no provision
for police to caution or warn first-time offenders, and there is no system of on-the-spot
fines for cannabis-related crimes. Offenders must face court, where fines and prison terms
are common, although magistrates can release offenders without conviction.
Queensland
The laws in this state are in line with those in New South Wales.
Tasmania
Cabinet approval is imminent on proposals to reduce to a formal written caution the
first time possession of up to 50 grams of marijuana for personal use. Under the changes,
infringement notices would be issued, but charges would not be laid and people would not
have drug offences recorded against their names. The shift is modelled on Victorian police
policy and will be trailed for 12 months.
ACT (Ed. note: Australian Capital Territory around Canberra)
The personal use of cannabis was decriminalised here in 1992. Now anyone found with
less than 25 grams of cannabis or fewer than five cannabis plants generally faces a spot
fine of up to $100 with no conviction recorded. However the law also gives police the
discretion to lay a criminal charge.
Western Australia
The conservative Government has refused to bow to calls for minor cannabis use to be
decriminalised. Under the WA criminal code, a person caught in possession of any quantity
of an illegal drug is required to appear before a magistrate. Most minor offenders walk
away with a small fine. Police can use their discretion on whether to charge first-time
cannabis offenders, but this remains a grey area.
Northern Territory
While the Northern Territory has Australia’s most draconian laws in regard to
stealing and property offences, its marijuana laws are considered to be among the most
liberal. The Chief Minister, Mr Shane Stone, introduced on-the-spot fines for possession
of small amounts of cannabis - less than 50 grams - which were for personal use.
Supported