Brenton
Summary of Penalties for Cannabis Possession/use In Australia
September 14th 2007 11:59
http://www.democrats.org.au/news/?press_id=1969&display=1Sourced from here.
State/Territory Laws and penalties
New South Wales - Possession or use of up to 200 grams of cannabis leaf is a criminal offence, with a maximum penalty of $2000 and/or two years imprisonment. Cautioning system exists for possession of less than 15 grams.
Queensland - Possession of up to 500 grams of cannabis or up to 100 plants (or up to 500 grams equivalent in weight) maximum penalty is 15 years imprisonment and/or $300,000 fine (by indictment). If dealt with summarily, maximum penalty is two years imprisonment and/or $6000 fine.
South Australia - Adults in possession of up to 25 grams of cannabis plant material or up to five grams of cannabis resin can receive fines of $50 or $150 for between 25 and 100 grams or for cultivation of no more than one plant.
Tasmania - Three stage Drug Diversion Initiative. First time adult offenders for possession or use of any drug including up to 50 grams of cannabis issued with cautionary notice by police. Second offenders referred to counselling/treatment intervention, third-time offenders referred to either further counselling, detoxification or rehabilitation.
Victoria - Under Victorian legislation, the use of cannabis is a summary offence with a maximum penalty of $500. Possession and cultivation are indictable offences. Possession of less than 50 grams (any part of the plant) for personal use att5racts a maximum penalty of $500 and possession of 50 grams or more for personal use a maximum penalty of $3000 and/or one year imprisonment. Cultivation of less than 250 grams (if not for trafficking) carries a maximum penalty of $2000 and/or one year imprisonment. 250 grams or more, or 10 plants, is counted as a trafficable quantity, and possession of those amounts is taken as evidence of trafficking. Victoria also has statutory procedures for dealing with first and second time possession/use cannabis offenders.
ACT - Similar infringement notice scheme to that of South Australia. Adults or juveniles possessing or using up to 25 grams of cannabis, or cultivating up to five plants are issued a $100 fine (one penalty unit) at police discretion.
Northern Territory - Adults in possession of up to 50 grams of cannabis plant material or up to 10 grams of cannabis resin, or cultivating up to two plants are issued with an on the spot fine of $200 (via a Drug Infringement Notice (DIN). Non-payment of fine can result in imprisonment.
Western Australia - The use of cannabis, the possession of up to 100 grams (or 20 grams of resin), and the cultivation of up to 25 plants are criminal offences. Also have a statewide cautioning program (since March 2000) for first/second time adult offenders in possession or use of up to 50 grams of cannabis, which includes education/counselling intervention as a condition.
State/Territory Laws and penalties
New South Wales - Possession or use of up to 200 grams of cannabis leaf is a criminal offence, with a maximum penalty of $2000 and/or two years imprisonment. Cautioning system exists for possession of less than 15 grams.
Queensland - Possession of up to 500 grams of cannabis or up to 100 plants (or up to 500 grams equivalent in weight) maximum penalty is 15 years imprisonment and/or $300,000 fine (by indictment). If dealt with summarily, maximum penalty is two years imprisonment and/or $6000 fine.
South Australia - Adults in possession of up to 25 grams of cannabis plant material or up to five grams of cannabis resin can receive fines of $50 or $150 for between 25 and 100 grams or for cultivation of no more than one plant.
Tasmania - Three stage Drug Diversion Initiative. First time adult offenders for possession or use of any drug including up to 50 grams of cannabis issued with cautionary notice by police. Second offenders referred to counselling/treatment intervention, third-time offenders referred to either further counselling, detoxification or rehabilitation.
Victoria - Under Victorian legislation, the use of cannabis is a summary offence with a maximum penalty of $500. Possession and cultivation are indictable offences. Possession of less than 50 grams (any part of the plant) for personal use att5racts a maximum penalty of $500 and possession of 50 grams or more for personal use a maximum penalty of $3000 and/or one year imprisonment. Cultivation of less than 250 grams (if not for trafficking) carries a maximum penalty of $2000 and/or one year imprisonment. 250 grams or more, or 10 plants, is counted as a trafficable quantity, and possession of those amounts is taken as evidence of trafficking. Victoria also has statutory procedures for dealing with first and second time possession/use cannabis offenders.
ACT - Similar infringement notice scheme to that of South Australia. Adults or juveniles possessing or using up to 25 grams of cannabis, or cultivating up to five plants are issued a $100 fine (one penalty unit) at police discretion.
Northern Territory - Adults in possession of up to 50 grams of cannabis plant material or up to 10 grams of cannabis resin, or cultivating up to two plants are issued with an on the spot fine of $200 (via a Drug Infringement Notice (DIN). Non-payment of fine can result in imprisonment.
Western Australia - The use of cannabis, the possession of up to 100 grams (or 20 grams of resin), and the cultivation of up to 25 plants are criminal offences. Also have a statewide cautioning program (since March 2000) for first/second time adult offenders in possession or use of up to 50 grams of cannabis, which includes education/counselling intervention as a condition.
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