Marijuana users to escape jail as reforms face test

By MARK RILEY

The Carr Government, under pressure for its hardline stance on
heroin, began testing the electorate's reaction to drug law reform
yesterday with surprise proposals to remove jail penalties for
minor marijuana offences.

The reforms mean the possession for personal use of up to five
marijuana plants, 30 grams of cannabis leaf, two grams of cannabis
oil or five grams of cannabis resin would attract either fines or
no penalty at all.

The marijuana proposals elicited immediate criticism from the
Opposition, notably the National Party, but appeared assured of a
passage through the Upper House with the support of a majority of
crossbench members.

The plan was announced as the Government continued to reassess its
position on heroin, under increasing pressure to support fully the
ACT heroin trial and the establishment of safe injection rooms.

Although presented as a way of reducing the number of minor
offenders in the State's prisons, the marijuana reforms will also
provide the Government with a contemporary guide to community
attitudes on drugs.

Government officials said last night that they would closely
monitor the reaction as a guide to the larger political questions
posed by heroin.

Under the proposals, people found guilty of possessing or using
small amounts of marijuana would no longer face the possibility of
a jail sentence.

About 130 offenders, mostly young people, are imprisoned in NSW
each year for minor cannabis offences.

The AttorneyGeneral, Mr Shaw, said the reforms would mean first
offenders could expect a small fine at worst and probably no
penalty at all from the courts.

"I don't believe that the community demands imprisonment for kids
who may from time to time use cannabis," he said.

He said the move should not be seen as a definite first step to the
decriminalisation of marijuana or a softening of the Government's
position on heroin.

"We take one step at a time," he said. "There is no necessary
further step to be taken. Let's see how this goes."

The reforms would see harsh penalties of up to 20 years in jail and
$500,000 fines remain for the cultivation, possession and supply of
large quantities of marijuana.

The Acting Opposition Leader, Mr Armstrong, accused the Government
of "officially supporting" people who use illegal drugs.

"We recognise the illegal drug situation as a crisis and we will
tackle it, including putting drug offenders behind bars when
necessary," he said.

The education officer for the National Drug and Alcohol Research
Centre, Mr Paul Dillon, supported the reforms as a way of
discouraging rather than encouraging marijuana use.

He said removing the threat of jail for minor marijuana offences
would mean the debate over the drug's use would become one based on
health grounds rather than a legal argument.

"And the health argument will be more persuasive in encouraging
youths not to use marijuana than the threat of jail," he said.

The Upper House Democrats MP Ms Elisabeth Kirkby welcomed the
reforms, saying the quickest way to turn minor offenders into
hardened criminals was to put them in jail.

She would continue to push for "real" decriminalisation of
marijuana, which she said was widely used at all levels of society.

"Some members of the NSW Parliament have smoked it, there may be
some who still do so regularly," she said.