COURT UNCERTAIN ON CANNABIS LAW

THE Court Government has taken a faltering half-step towards cannabis law
reform by introducing a limited trial of a cautioning system for first
offenders.

Any move towards a more rational law is to be welcomed, even if it is as
timid and uncertain as this one. There is evidence of widespread use of
cannabis in WA - particularly among young people - and criminal sanctions
clearly have not worked as a deterrent.

People who are caught with small amounts of cannabis for personal use run
the risk of criminal prosecution for a first offence. They could end up
with a criminal record, which would damage their career prospects.

Statistics on cannabis use show that it is widely accepted in society and
that the law that would make criminals of first-time users of small amounts
is out of tune with changing community standards. The Government's decision
to hold the trial - despite its previous adamant opposition to any hint of
leniency in its policy on drug abuse - suggests that it has picked up the
mood of the electorate on this issue.

But it is also apparent that it has succumbed, at least partly, to the
urgings of Police Commissioner Rob Falconer who advocates a cautioning
system. Mr Falconer favours cautioning cannabis users the first two times
they are caught and taking them to court the third time.

Mr Falconer's interest is self-evident. The system he Wants would release
officers from the time-consuming court process to focus on more serious crime.

Figures on cannabis use show that police have no hope of catching and
prosecuting offenders at anywhere near the rate at which the drug is used
illegally, even if they had the numbers to do so. And if they did, the
courts would be overwhelmed by cannabis-use cases.

Most people would agree that police have more pressing work to do when
anxiety about violent crime has became a major issue in WA.

The Government has been prepared to go only a small part of the way with Mr
Falconer. It will hold a one-year trial from October 1 in the Mirrabooka
and Bunbury. police districts. And cautions will apply only to first offences.

The trial should have covered the whole State. It is wrong in principle to
enforce the law differently on the basis of the region in which an offence
takes place. Law enforcement should be equal to all citizens, regardless of
where they are.

The Government has now agreed to a system under which one first-time
cannabis offender could get a criminal record but another a few metres away
would be let off with a caution. This discrimination will not foster
respect for the law among young people.

First-time cannabis offenders in the trial areas will have to undergo an
education program within two weeks of being caught, or face criminal
proceedings. This is a useful innovation, provided the program is a factual
explanation of the effects of cannabis use.

Such offenders should be fully informed about the effect cannabis use bas
on their health. But this will be available only for offenders in the trial
areas.

By opting for this strictly limited trial, the Government has avoided
making a politically controversial decision for the whole of WA. It should
give a precise definition of the criteria to be used to judge the success
or otherwise of the trial.

Checked-by: Mike Gogulski