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Just found this article on the penaltys for drug possesion by state.I didn't realise that each state had different laws and different ways of handling drugs.Thought it might interest some.
Maximum penalties
South Australia
Supply or possession (over 10kg dry or 100 or more plants): $500,000 fine and/or up to 25 years' prison
Supply or possession (over 2kg dry or 20 or more plants): $50,000 fine and/or 10 years' prison
Possession (under 2kg dry or less than 20 plants): $2000 fine and/or 2 years' prison
Possession (over 100g, or more than one plant): refer to court
Under 100g of cannabis but more than 25g, or one cannabis plant: expiation notice for $150 plus $10 levy
Less than 25g cannabis: expiation notice of $50 plus $10 levy
Police enforcement policy
Minors dealt with separately under Young Offenders Act
Cautions: not part of SA judicial process for breaches of drugs laws
Tasmania
Supply: for a traffickable quantity – over 1kg / 20 plants / 20 packets – up to 21 years in jail; for a non-traffickable quantity – up to 4 years in jail
Use/cultivation: for sale – up to 21 years in jail; if not for sale – personal use – up to 2 years
Police enforcement policy
Maximum number of cautions: 3 in 10 years
New South Wales
Supply and cultivation: $500,000 fine or up to 20 years' prison
Use/possession: $2000 fine or up to 2 years' prison
Police enforcement policy
NSW police guidelines recommends caution to people in possession of 15g or less of cannabis, or who are using cannabis.
Max number of cautions: 2
Western Australia
Supply: $5000 and/or four years in jail to $100,000 and/or 25 years jail or both
Cultivation: a person caught with up to two plants can be fined $200 or opt to complete a cannabis education session
For possession/cultivation: 2–10 plants, the maximum $2000 or two years jail or both.
Use/possession: a person caught with a smoking implement can be fined $100 or opt to complete of an education session; with 15 to 30g – $150 fine or the education session; 30 to 100g – $2000 or two years' jail or both.
Police enforcement policy
Police can use discretion to fine or charge those caught with small amounts of cannabis. Juveniles are referred to juvenile justice teams, who decide if the youth must face Children's Court.
Victoria
For the supply of cannabis, the maximum penalty life in jail, a fine of up to $525,000 and forfeiture of property
Cultivation: less than 100 plants or 25kg (if for personal use) maximum $2000 fine or one year in jail, if related to trafficking – maximum penalty of 15 years in jail. More than 100 plants or 25 kg – maximum penalty is 25 years in jail or $250,000. Also, houses used for growing commercial quantities are automatically forfeited if owned by the offender
Use/possession: less than 50g – a $500 fine, plus a criminal conviction
Police enforcement policy
Since 1998 police have had the option of issuing cautions for cannabis offences by anyone aged over 17 that involves the possession of less than 50g.
Queensland
Supply and cultivation: more than 500g or 100 plants
Penalty: 15 years, or 20 years if aggravated supply (if an adult supplies to a minor, intellectually impaired person etc)
Use/possession: 15 years, or 20 years if amount involved is more than 500g or 100 plants
Police enforcement policy
Police must offer someone the option of the state's illicit drug diversion program if suspects are in possession of up to 50g of cannabis. Does not apply to all offences
Max number of cautions: 1
Australian Capital Territory
Supply: Trafficking less than 300g.
Penalty: $30,000 fine and $3 years.
Trafficking commercial quantities:
Penalty: up to $250,000 fine and between 10 years and life imprisonment (for more than 125kg)
Use/possession and cultivation: Up to 25g or not more than two cannabis plants.
Penalty: $100 fine.
Possession: more than 25g and less than 300g
Penalty: $500 and two years' jail
Police enforcement policy
None: distinguish between adults and minors
Northern Territory
Supply: of traffickable quantity (5 – 19 plants, or over 50g resin) to a child by an adult
Penalty: 14 years in jail
Supply: of traffickable quantity (more than 20 plants or 500g resin) to an adult
Penalty: $10,000 fine or 5 years in jail
Supply: of a commercial quantity to a child by an adult
Penalty: 25 years in jail
Supply: of commercial quantity to an adult Penalty: 14 years in jail
Cultivation: Less than 5 plants – $5000 or 2 years in jail; a traffickable quantity – 7 years in jail; a commercial quantity – 25 years in jail
Use/possession: two or fewer plants or less than 50g – $5000; between 3 and 19 plants – $10,000 or jail for 5 years; more than 19 plants or more than 500g – 14 years' jail
Police enforcement policy
For possession, the police have the discretion to apply a $200 fine for quantities of up to 50g of cannabis resin / 2 plants / 10g of hash or cannabis seed rather than a criminal charge
Maximum penalties
South Australia
Supply or possession (over 10kg dry or 100 or more plants): $500,000 fine and/or up to 25 years' prison
Supply or possession (over 2kg dry or 20 or more plants): $50,000 fine and/or 10 years' prison
Possession (under 2kg dry or less than 20 plants): $2000 fine and/or 2 years' prison
Possession (over 100g, or more than one plant): refer to court
Under 100g of cannabis but more than 25g, or one cannabis plant: expiation notice for $150 plus $10 levy
Less than 25g cannabis: expiation notice of $50 plus $10 levy
Police enforcement policy
Minors dealt with separately under Young Offenders Act
Cautions: not part of SA judicial process for breaches of drugs laws
Tasmania
Supply: for a traffickable quantity – over 1kg / 20 plants / 20 packets – up to 21 years in jail; for a non-traffickable quantity – up to 4 years in jail
Use/cultivation: for sale – up to 21 years in jail; if not for sale – personal use – up to 2 years
Police enforcement policy
Maximum number of cautions: 3 in 10 years
New South Wales
Supply and cultivation: $500,000 fine or up to 20 years' prison
Use/possession: $2000 fine or up to 2 years' prison
Police enforcement policy
NSW police guidelines recommends caution to people in possession of 15g or less of cannabis, or who are using cannabis.
Max number of cautions: 2
Western Australia
Supply: $5000 and/or four years in jail to $100,000 and/or 25 years jail or both
Cultivation: a person caught with up to two plants can be fined $200 or opt to complete a cannabis education session
For possession/cultivation: 2–10 plants, the maximum $2000 or two years jail or both.
Use/possession: a person caught with a smoking implement can be fined $100 or opt to complete of an education session; with 15 to 30g – $150 fine or the education session; 30 to 100g – $2000 or two years' jail or both.
Police enforcement policy
Police can use discretion to fine or charge those caught with small amounts of cannabis. Juveniles are referred to juvenile justice teams, who decide if the youth must face Children's Court.
Victoria
For the supply of cannabis, the maximum penalty life in jail, a fine of up to $525,000 and forfeiture of property
Cultivation: less than 100 plants or 25kg (if for personal use) maximum $2000 fine or one year in jail, if related to trafficking – maximum penalty of 15 years in jail. More than 100 plants or 25 kg – maximum penalty is 25 years in jail or $250,000. Also, houses used for growing commercial quantities are automatically forfeited if owned by the offender
Use/possession: less than 50g – a $500 fine, plus a criminal conviction
Police enforcement policy
Since 1998 police have had the option of issuing cautions for cannabis offences by anyone aged over 17 that involves the possession of less than 50g.
Queensland
Supply and cultivation: more than 500g or 100 plants
Penalty: 15 years, or 20 years if aggravated supply (if an adult supplies to a minor, intellectually impaired person etc)
Use/possession: 15 years, or 20 years if amount involved is more than 500g or 100 plants
Police enforcement policy
Police must offer someone the option of the state's illicit drug diversion program if suspects are in possession of up to 50g of cannabis. Does not apply to all offences
Max number of cautions: 1
Australian Capital Territory
Supply: Trafficking less than 300g.
Penalty: $30,000 fine and $3 years.
Trafficking commercial quantities:
Penalty: up to $250,000 fine and between 10 years and life imprisonment (for more than 125kg)
Use/possession and cultivation: Up to 25g or not more than two cannabis plants.
Penalty: $100 fine.
Possession: more than 25g and less than 300g
Penalty: $500 and two years' jail
Police enforcement policy
None: distinguish between adults and minors
Northern Territory
Supply: of traffickable quantity (5 – 19 plants, or over 50g resin) to a child by an adult
Penalty: 14 years in jail
Supply: of traffickable quantity (more than 20 plants or 500g resin) to an adult
Penalty: $10,000 fine or 5 years in jail
Supply: of a commercial quantity to a child by an adult
Penalty: 25 years in jail
Supply: of commercial quantity to an adult Penalty: 14 years in jail
Cultivation: Less than 5 plants – $5000 or 2 years in jail; a traffickable quantity – 7 years in jail; a commercial quantity – 25 years in jail
Use/possession: two or fewer plants or less than 50g – $5000; between 3 and 19 plants – $10,000 or jail for 5 years; more than 19 plants or more than 500g – 14 years' jail
Police enforcement policy
For possession, the police have the discretion to apply a $200 fine for quantities of up to 50g of cannabis resin / 2 plants / 10g of hash or cannabis seed rather than a criminal charge
olice: