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Drug Diversion Programs

If a person is detained by police for using or being in possession of a small quantity of illicit drugs, they may be offered a caution instead of being charged with an offence and having to go to court.

There are some important pre-conditions that must be met in order to receive a caution:

  • You must admit the offence,
  • The drugs must be for personal use only,
  • Police have enough evidence that you are using or are in possession of a drug of dependence,
  • The amount of drugs must be the small quantity as set out in the Drugs, Poisons and Controlled Substances Act. It cannot be a traffickable quantity,
  • You can only accumulate two cautions. A subsequent offence will result in you being charged by the police.

Finally, you can only be given a caution if you undertake to a clinical assessment and commence drug treatment within 5 working days. If you comply, no conviction is recorded. If you do not comply with the conditions of the caution you may be charged with the offence and brought to court.

Cannabis Cautions

The Cannabis Caution Program is part of the Drug Diversion Program described above. You may receive a cannabis caution notice for use or possess cannabis offences and you meet the same criteria as above. Educational information about cannabis will be given to you with the caution as well as a referral for a cannabis education session.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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