NSW Police given power to issue instant fines for minor drug possession

by GRACE JOHNSON

The NSW Government has introduced changes to overhaul drug laws, giving NSW Police the ability to issue on-the-spot fines with health intervention for small quantity drug possession. 

People caught with a small quantity of illicit drugs can be fined up to two Criminal Infringement Notices (CINs) on the spot, which are $400 fines, for personal drug use and small quantity drug possession offences. 

But that fine can be waived if the offender completes a tailored drug and alcohol intervention, meaning they will avoid criminal sanctions. 

Revenue NSW will otherwise enforce the fine if the intervention is not completed. 

This will not apply to any serious drug offences like drug supply or trafficking. People who have already incurred two CINs will also be exempt, as will previously convicted drug dealers. 

A similar program exists for minor cannabis possession offences, but will be extended to drugs like cocaine, MDMA and ice. 

The scheme is set to begin in 2024 and will bring NSW in line with other states and territories, who already operate drug diversion programs for low-level illicit drug offences. 

Minister for Health Ryan Park said, “drug use and dependence are very much health issues and ones that are far better addressed through health support outside the courts and criminal justice systems.”

This early intervention approach seeks to reduce long-term drug use, which might lead to more criminal offending. It will also reduce contact with the criminal justice system and eases burdens on police and courts. 

NSW Attorney General Michael Daley emphasised the connection between involvement with the criminal justice system and rates of reoffence, saying “formal contact with the criminal justice system only increases the likelihood of reoffending, and this has knock-on effects on people’s employment, their housing and their relationships.”

“We want to see people receive the health supports they need rather than see them caught up in the criminal justice system.”

According to research conducted by NSW Bureau of Crime Statistics and Research (BOCSAR) with the National Drug and Alcohol Research Centre (NDRAC) in 2020, treating drug offenders is far more effective than sending them to prison. People who participated in Drug Court, a program designed to address underlying drug dependency that resulted in criminal offending, had a 17 per cent lower reoffending rate than those not placed in the program. 

Possessing and using illicit drugs will remain an offence, but the NSW Police will have “another tool in their kit,” retaining their discretion to charge a person and proceed to court.

The change was recommended by the Special Commission of Inquiry into the Drug ‘Ice’ over three years ago, which the former Coalition government took action on last year. At the time, Commissioner Dan Howard called for the decriminalisation of drugs for personal use. The report, which included 109 recommendations, was over 1200 pages long. He later criticised the government for a lack of action following his recommendations, adding that the last NSW Health Drug and Alcohol Plan had expired a decade prior. 

The Commissioner of Police and Chief Health Officer supports the decision and has advised the government that operations will be ready to implement the scheme from next year.