Pubdate: Sun, 05 Mar 2000
Source: Sunday Telegraph (Australia)
Copyright: News Limited 2000
Contact:  2 Holt Street Surry Hills, NSW, 2010
Fax: (02) 9288-2300
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Website: http://www.news.com.au/
Author: Matthew Rogers

CONCERN OVER NEW CANNABIS LAWS

NEW drug laws will allow children to carry twice as much cannabis as
adults without fear of conviction.The laws, which come into effect
next month, allow minors - those aged less than 18 years - to escape
with a police caution if they are caught with up to 30 grams of
cannabis - the equivalent of 30 marijuana joints - for personal use.

But adults will only be able to carry 15 grams under the caution
system.

Adults caught by police carrying more than 15 grams, and children
carrying more than 30 grams, will be charged with possession and face
the courts.

The caution system is being introduced in the wake of last year's drug
summit, which raised concerns about young people ending up with
criminal records.

A spokesman for Special Minister of State John Della Bosca confirmed
yesterday youths would be allowed to carry twice the amount of
cannabis as adults without facing prosecution.

The spokesman said the rationale was that tougher standards were
needed for people aged over 18. "It was very deliberately decided that
the adult allowance should be set lower," the spokesman said.

"By the time you reach 18 you should know better."

But police fear the anomaly will encourage drug pushers to infiltrate
school yards to enlist young people as dealers.

"There is an anomaly in the legislation and it's one we believe should
be addressed as soon as possible," NSW Police Association president
Mark Burgess told The Sunday Telegraph.

"It seems ludicrous and the Government should use whichever mechanisms
are at its disposal to avoid placing police in this awkward situation."

Parliament is not scheduled to sit again before the laws come into
effect on April 3.

But police want the State Government to correct the anomaly, recalling
Parliament early if necessary.

The recently updated Young Offenders Act states that drug possession
is not an offence for under-18s provided it involves no more than a
"small quantity".

Under the Drug Misuse and Trafficking Act, 30 grams of cannabis leaf
is defined as a small quantity.

But police sources have given The Sunday Telegraph documents from a
police training package which sets the adult limit at just 15 grams.

The training package has been sent from the Police Academy to police
education officers during the past fortnight.

It states that in order for an adult to meet the criteria for cannabis
cautioning, the "drug involved must be no more than 15 grams of cannabis".

Minors will also be able to avoid facing court if they are caught with
up to five cannabis plants.

The same will apply if they are found with one gram of heroin, cocaine
or amphetamine or 0.0008grams of LSD.

A system of police cautioning and youth justice conferencing will be
introduced under the laws.

Until now, the courts were the only option for dealing with youth drug
offences.

Mr Burgess said there should be a uniform acceptable cannabis
allowance for minors and adults.

"The Government must do something so police aren't placed in this
difficult position," he said.

"It really needs to be done urgently and whether that means recalling
Parliament I don't know.

"It needs to be consistent (with adult levels) and you need something
the public will accept."

A senior police officer said many police were reluctant to enforce the
new youth drug laws relating to cannabis.

"They are absolutely horrified at the way this has come about," the
officer said.

"It's just amazing - 30 grams is a fair whack of marijuana."

The senior officer said many police believed the new laws were sending
a bad message to youths.

"It's providing a real opportunity for drug pushers to get kids to
carry their stuff, knowing that if they get caught they will only get
a caution if they say it's for personal use," he said.

"I can guarantee from the conversations I've had with colleagues from
other regions that the feedback is absolutely the same - they are appalled." 
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