Dope busts in the West: minor cannabis offences in the Western Australian criminal justice system

Abstract

Proponents of cannabis law reform argue that many people who are convicted for minor cannabis offences have no prior criminal conviction and are otherwise law-abiding citizens. This study of criminal justice system data in a strict prohibition jurisdiction (Western Australia) found that over 10% of all charges and 85% of all drug charges were for cannabis. Approximately 90% of these were for minor offences. Over 40% of those charged with cannabis possession/use as their most serious offence had never been arrested for any prior offence. Almost half of those first arrested for cannabis possession/use had not been arrested up to 10 years later. Younger first-time arrested cannabis users were more likely to be re-arrested than older offenders. Almost all adult cannabis offenders who went to court were convicted and fined. Nearly 95% of those imprisoned for possession/use of cannabis were gaoled for fine default. The findings accord with earlier research showing that the vast majority of these offenders are, in all respects apart from their cannabis use, a non-criminal section of the community.

Cannabis dependence and mental health perception amongst people diverted by police after arrest for cannabis-related offending behaviour in Australia

“…Most are arrested for possession of small amounts of cannabis and rarely have a past criminal record (Lenton, 1999). Within this group there is little evidence that any criminal sanction -arrest or convictionreduces cannabis use (Lenton et al, 2000;Fergusson et al, 2003) or contributes to longer-term desirable social outcomes (Lenton et al, 2000).…”

Drug and crime cycle: Evaluating traditional methods versus diversion strategies for drug-related offences

“…Research suggests that a large number of people who are convicted for minor drug offences have no prior criminal record and are basically lawabiding citizens. Rather, they have a drug problem that contributes to their involvement in criminal acts (Ali et al, 1998;Lenton, Ferrante, & Loh, 1996): that is, they become engaged in criminal activity to finance their drug habit or as a consequence of intoxication (Kevin, 1997;Makkai, 1999;Rigg & Indermauer, 1996). However, there is also evidence that crime (including delinquency) predicts substance abuse cross-sectionally (Moss & Kirisic, 1995) and longitudinally (Stice, Myers, & Brown, 1998a, 1998b, and that delinquency often precedes the onset of substance use (Baumrind, 1991;Kandel & Davies, 1992).…”

Pot, politics and the press—reflections on cannabis law reform in Western Australia

“…However, its major health risks are likely to be among long-term, regular users [12]. Research indicates that most people who receive a criminal conviction for a minor cannabis offence are otherwise law-abiding [13]. A cannabis conviction can have significant adverse impacts on employment, further involvement with the criminal justice system, relationships and accommodation; however, conviction fails to deter future cannabis use by many of those apprehended [14,15].…”

“…Similarly, the introduction of the Cannabis Cautioning and Mandatory Education System in WA, where research had showed more than eight in 10 people facing court on cannabis possession received a criminal conviction [13], could be construed in part as an attempt to take the wind out of calls to introduce cannabis law reform. In March 2000 the Liberal Government introduced the Cannabis Cautioning and Mandatory Education System across the state, after a 12-month trial in two police districts.…”