Police to be given power to issue avoidable fines for low level drug possession
The move comes despite Premier Chris Minns previously declaring he would not decriminalise drugs before the next election.
NSW
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People caught with small amounts of hard drugs including ice will be able to avoid court for their first two offences from as early as next year under major changes to NSW drug laws to be introduced to parliament by Attorney-General Michael Daley this week.
The changes will give NSW Police the discretion to issue up to two $400 fines to a person caught with small amounts of illicit substances, instead of pursuing charges. Any offenders given a fine would be directed to intervention programs as a way to have the fine expunged.
That will allow people caught with small quantities of drugs to escape court appearances for their first two offences, at the discretion of police.
The major changes are an about-face from the Minns government which to-date has insisted any changes to drug policy would only occur after a drug summit, to be held before the next election.
The “two-strikes” policy expands on a fine scheme giving police the discretion to issue fines for people caught with small quantities of illicit drugs. It will enact changes announced but never legislated by former Premier Dominic Perrottet last year.
Under the law change, someone caught with less than one gram of ice would be eligible for a $400 Criminal Infringement Notice, with that fine being waived if the user goes through an intervention program.
For cocaine, the amount is also one gram. It would cover possession of up to 0.25g of MDMA, and 30 grams of cannabis.
Mr Perrottet announced the changes in a long-awaited response to a special commission of inquiry into the drug ice, but delayed any action until after receiving advice from the Police Commissioner Karen Webb and chief health officer Kerry Chant.
The government said both Ms Webb and Dr Chant supported the changes.
“This is an evidence-based approach in line with community expectations,” Health Minister Ryan Park said.
“It responds directly to expert evidence, and recommendations from the Special Commission of Inquiry into the drug ice.”
Police Minister Yasmin Catley said officers will have discretion to issue an on the spot fine or issue a court attendance notice.
“It is not mandatory for the Police to issue an on-the-spot fine – this is another tool in their kit and police retain their discretion to deal with the matter as appropriate, including proceeding to court,” she said.
“Providing the police with more options to manage drug offences allows a proportionate response to the offending behaviour and health issues that officers are seeing in the community.”
In August, Premier Chris Minns vowed that he would not decriminalise illicit drugs before seeking a mandate from voters.
When the Perrottet government proposed its two-strikes policy last year, the then-Opposition gave “in-principle” support for the pre-court diversion scheme.
“Any approach to drug reform should be focused on both reducing use of illegal substances and reducing harm to users and communities,” Mr Daley said at the time.
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