CONFUSED MESSAGE IN DRUG PLAN

THE State Government claims that its Cannabis Control Bill will allow
individuals, particularly the young, to make a mistake without bearing the
lifelong burden of a criminal record.

But now it is proposing an amendment which allows people not just a single
mistake but three before they face the consequences of their actions.

Under the amendment, cannabis users will be able to offend three times in
three years before being required either to argue their case in court or
attend an education course. The police will, however, have discretion on
whether to issue an infringement notice or lay criminal charges.

This is further evidence of the Government's muddled approach to dealing
with a steadily increasing drug problem in the State.

The Cannabis Control Bill decriminalises the personal use of cannabis by
allowing people growing two cannabis plants or possessing less than 30g of
the drug to face a fine but avoid a criminal record.

The Goverment has argued that the laws governing the use of cannabis should
not result in a person carrying a criminal record for what may have been a
single indiscretion or a moment of youthful experiment. But now it plans to
allow three such indiscretions.

There is general acceptance of the Bill's basic aims, since there is little
value in blighting an individuals's future over a single mistake. The Bill
also recognised the reality of drug use in the community, and that there
are better ways for slender police and court resources to be employed than
in the pursuit of people over the personal use of cannabis.

The Government says that despite allowing an offender three changes, the
latest amendment targets repeat offenders. It is difficult to see how it
does anything but accommodate them.

If the Government is serious about trying to reduce the presence of drugs
in the community, and about early intervention among cannabis users,
offenders should face the consequences after their first offence, and not
be able to wait until their third transgression.

The Government argues that it is more important to get people into
treatment than before the courts. That is certainly true, but the sooner
that process begins the better.

Another concern about the Bill is that no limit has been set on the number
of times an individual can be fined for cannabis possession associated with
personal use. For the new law to have any value there needs to be a point
at which a penalty greater than an education course or a $200 fine applies.

The Government says, quite rightly, that the Bill does not make the use of
cannabis legal. But neither does it loom as a deterrent. Regular users of
cannabis will be relieved to know that they will no longer be faced with a
criminal record. It can be argued that the Bill sends the wrong meessage
to young people, at a time when the widespread use of cannabis and other
drugs is a significant health and social problem.

The emphasis of the Bill, which will be debated in the Legislative Council
tomorrow, is on catching those who deal in the drug, which suggests that
simply using it is acceptable. The amendment to the Bill does nothing to
change that emphasis and reinforces the fear that cannabis use will be
tolerated.

The community will be no better off for that.