
In an attempt to better manage and respond to drug offenses, the NSW government is set to introduce a ‘two-strike’ policy for individuals caught with low, non-commercial levels of illicit substances such as MDMA, cocaine, ice, and marijuana. Health Minister Ryan Park underscored that this approval pertains exclusively to “low, non-commercial levels of drug use”. These include amounts like 0.25mg for MDMA, 1g for cocaine and ice, and 30g for marijuana.
The forthcoming rules, slated for introduction in parliament this week, will give the police the authority to dispense a maximum of two on-the-spot $400 fines, also known as criminal infringement notices (CIN). These fines can be issued to individuals caught with minor amounts of prohibited drugs.
Recipients of these fines will be encouraged to participate in a custom drug and alcohol intervention scheme. Should they fulfill this endeavor, their fines would be absolved. Specifically excluded from this provision, would be habitual offenders, previously convicted drug peddlers, or individuals implicated in drug-related offenses such as supply, dealing, trafficking, production, or manufacturing.
Mr. Park forecasts that approximately 6000 persons would dodge criminal prosecution under this initiative. Court systems then would be freed up to handle graver offenses. He emphasized the importance of early engagement with drug and alcohol professionals, outlining it as a key aspect of his role as Health Minister.
Police Minister Yasmin Catley clarified that the issuance of fines is not compulsory for police officers, instead serving as an available course of control to offer “proportionate response” to drug crimes.
She stated, “This is another tool in their kit and police retain their discretion to deal with the matter as appropriate, including proceeding to court.” Catley further expressed that this measure aligns NSW with other Australian territories running drug diversion strategies for illicit substances.
Attorney-General Michael Daley emphasized the role of the proposed policy reform in supporting people, families, and communities affected by illicit drugs. He indicated that formal interactions with the criminal justice system only escalate the probability of reoffending with ramifications on individuals’ employment, housing, and relationships.
Daley avowed, ‘We want to see people receive the health supports they need rather than see them caught up in the criminal justice system.’