INSTANT FINES ACROSS TASMAN HAVE RESULT NO ONE FORESAW

11.01.2000 Decriminalising personal use of marijuana in South Australia has
not increased consumption.

However, it has had the unexpected result of greatly increasing the
detection-rate for minor cannabis offences.

The number of cannabis-related instant fines rose from 6231 in 1987-88, when
the system was introduced, to a peak of 17,425 in 1993-94. It has since
plateaued at 16,000 to 17,000.

This increase was an unpredicted consequence of the less time-consuming
nature of the new system. The police found that, freed from the paperwork
and effort of pursuing charges through the courts, they had more time to
detect offenders.

In addition, police now issue an instant fine for all minor cannabis
offences, whereas, in the past, many offenders would have been let off with
a caution.

South Australia established the Cannabis Expiation Notice scheme in 1987.
Similar instant-fine schemes were later set up in the Northern Territory and
Australian Capital Territory.

Western Australia and Victoria have followed a different course, both
recently introducing a system of cautions and drug education for first-time,
minor offenders.

Under the 1987 South Australia act, possession of less than 25g of cannabis
earns an instant fine of $A50; 25g but less than 100g, $A150. Possession of
up to 20g of cannabis resin costs $A50 to $A150; and smoking or consuming
cannabis, $A50. Possessing cannabis-related equipment costs $A10;
cultivating plants, $A150.

Until last year, cultivation of up to 10 plants was included in the
instant-fine system. That was reduced to three plants after police
complained that commercial growers were exploiting the system.

Offenders who refuse to pay their fines, or do community service instead,
have a drug conviction entered against them. Fines average around the level
of the instant fine, but additional court costs make nonpayment an expensive
exercise.