The NSW government has announced new drug laws that are aimed at keeping tens of thousands of people caught in the possession of small quantities of drugs out of court. From early 2024, NSW Police will be given the power to issue up to two on-the-spot $400 fines to adults for personal drug use and possession of a small quantity of illicit drugs, instead of them having to enter the criminal justice system.
People issued a fine would be encouraged to complete a drug and alcohol intervention program – if the program was completed, they would have their fine waived.
A similar law is already in place for marijuana, and will now stretch to apply to other drugs, including cocaine, MDMA, and ice.
NSW attorney general Michael Daley said the new laws are about helping people receive the health support they need, rather than them getting caught up in the criminal justice system. “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.”
Last year, about 32,000 drug use or possession incidents occurred in NSW, with more than 19,000 of these cases ending up in court. The dual-strike scheme will take some serious weight off our police and crowded courts, diverting thousands of people from the court system each year. This also allows more resourcing for law enforcement to tackle serious matters, like tracking down where the drugs came from in the first place.
NSW minister for police and counter-terrorism Yasmin Catley said that, under the new law, it won't be mandatory for the police to issue an on-the-spot fine. "This is another tool in their kit and police retain their discretion to deal with the matter as appropriate, including proceeding to court.”
Keep in mind that the new drug diversion program won’t apply to serious crimes, like drug supply or large quantity drug possessions such as more than 0.25mg of MDMA, 1g of cocaine and ice, and 30g of marijuana.