Drug Information I Cannabis I Cannabis Laws I New WA Cannabis Laws

New WA Cannabis Laws

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.

For more information and help – click here


 
Cannabis messes with your mind

Using even a small amount of Cannabis can cause serious side effects that can affect your physical and mental health, and wellbeing. We’re here to set the record straight. Read up on the facts, or chat live and confidentially with a qualified drug counsellor and ask some questions of your own.

If you require immediate help, call the Alcohol and Drug Information Service on (08) 9442 5000 or 1800 198 024 toll-free for country callers.

What is a bong?
Can cannabis affect the brain?
If you are a first timer and you tried it, how long does it stay in your system afterwards?
How long before cannabis leaves your system and is no longer detectable in a blood or urine test?
What type of drug is Cannabis?
What are the other names for cannabis?
Where does cannabis come from?
What is Hashish?
What is Hashish oil?
How is Cannabis used?
If you are pregnant, can you still smoke cannabis? Even occasionally?
Is driving after using cannabis dangerous?
Can you overdose from cannabis?
I have heard that using cannabis reduces your motivation and drive. Is this true?
How long does cannabis stay in your system?
How long after consuming cannabis can it be detected in saliva?
Will THC be detected if it is inhaled by passive smoking?
Can you get addicted to cannabis?
My friends say that cannabis is safer to use than other drugs, and there are things you can do to use cannabis safely. What can you do?
Is it true that the strength of cannabis varies between different parts of the plant?
Some of my friends use cannabis and alcohol at the same time. Is this dangerous?
Why does it take so long for cannabis to leave your body?
Can cannabis interfere with your sex drive and hormones?
Which form of cannabis is usually the strongest?
Are the effects of cannabis felt more quickly when it is smoked compared to when it is eaten?
Is smoking cannabis better for you than smoking tobacco?
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