Because cannabis is harmful, it is against the law for people in Western Australia to cultivate, possess, use, sell or supply cannabis, or to possess pipes and other smoking implements containing detectable traces of cannabis. It is also illegal for shops to sell or display cannabis smoking paraphernalia.
Under the law, people apprehended for simple cannabis offences by police, may be issued a Cannabis Intervention Requirement.
WHAT IS A CANNABIS INTERVENTION REQUIREMENT (CIR)?
Under the CIR scheme, police may issue a CIR notice to eligible people found in possession or use of small amounts of cannabis, and/or possession of a smoking implement containing traces of cannabis.
However, a person found in possession of a small amount of cannabis may still be charged with the more serious offence of possession of cannabis with intent to sell or supply, if police have relevant evidence.
The CIR scheme does not apply to offences involving the possession or cultivation of cannabis plants, or possession of any quantities of cannabis resin (hash), hash oil, or other cannabis derivatives. These offences will be prosecuted through the courts.
A person who has been given a CIR will be required to book and complete a Cannabis Intervention Session (CIS) within 28 days or elect to have the matter heard in court.
WHO IS ELIGIBLE FOR A CIR?
Police have the discretion whether or not to issue a CIR to an eligible person. A person is eligible for a CIR if they are aged 14 years or over, and is found using, or in possession, of not more than 10 grams of cannabis, and/or found in possession of a smoking implement containing detectable traces of cannabis.
An adult can only receive one CIR while a young person (aged 14-17 years) can be given a CIR on two separate occasions.
An adult who previously received a CIR, and commits a second or subsequent minor cannabis related offence, will be prosecuted through the courts. A young person who commits a third or subsequent minor cannabis related offence however, will be referred to a Juvenile Justice Team where appropriate under the Young Offender’s Act 1994, rather than being charged.
WHO IS NOT ELIGIBLE FOR A CIR?
If a person had previously been convicted of a minor cannabis related offence and was an adult at the time of conviction, he or she would be ineligible to receive a CIR
Previous convictions for serious drug offences and offences of a violent and/or sexual nature may also preclude a person from being given a CIR.
WHAT CAN I DO IF I RECEIVE A CIR?
The options are:
If you are unable to complete a CIS within the 28 day period, you may apply in writing to police for an extension of time, however these are only issued in extenuating circumstances.
If you book and complete a CIS you will not be required to appear in court. No further action will be taken against you for the alleged offence and you will not receive a criminal conviction.
IGNORING A CIR
If the 28 day period has expired and you have not completed a CIS or elected to have the matter heard and determined in court you will be prosecuted through the courts or, if you are a young person, the matter may be referred to a Juvenile Justice Team.
SELLING CANNABIS SMOKING PARAPHERNALIA
It is against the law to sell “cannabis smoking paraphernalia” (eg. bongs) or to display them for sale in a shop or retail outlet. Selling cannabis smoking paraphernalia to a child under the age of 18 years attracts a higher penalty than selling to an adult.
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