Drugs and the law
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Penalties for drug use in the ACT
The severity of penalties is ultimately at the discretion of the court, however following is a guide to the penalties that may be handed down. Life sentences can be given for the most serious offences.
Cannabis
With respect to cannabis in the ACT, it is illegal to:
- use it yourself
- administer it to someone else
- possess any quantity of it
- cultivate or be involved in cultivating any quantity of it
- have any quantity of it for sale or supply
Penalties start at $100.00 fines for simple cannabis offences, and range up to $20,000 fines and 20-year jail terms for more serious cannabis offences.
Ecstasy
$5,000 and/or two years imprisonment up to $100,000 and/or 25 years imprisonment.
Heroin
$5,000 and/or two years imprisonment up to $100,000 and/or 25 years imprisonment.
Amphetamines/derivatives
$5,000 and/or two years imprisonment up to $100,000 and/or 25 years imprisonment.
Cocaine/derivatives
$5,000 and/or two years imprisonment up to $100,000 and/or 25 years imprisonment.
ACT Drug Law Reform
On 17 August 2004 the Legislative Assembly of the Australian Capital Territory enacted the Criminal Code (Serious Drug Offences) Amendment Act 2004 which was the next stage in a process that began in September 2001 to progressively reform the criminal law of the ACT. The amendments came into force in March 2005.
Drug offences amendments
Precursors
One of the more significant improvements the Act makes to the drug laws in the ACT is the inclusion of offences relating to "precursors". Essentially, "precursors" are the raw chemical components of a controlled drug. Many precursors are present in products that are readily available off the shelf in pharmacies, supermarkets and hardware stores and are commonly extracted in backyard laboratories to manufacture controlled drugs, particularly amphetamines.
The problem with the use of "precursors" and controlled drug manufacture has become particularly acute over recent years and accordingly the Act includes a range of offences to deal with those who manufacture, sell or possess "controlled precursors" to manufacture controlled drugs.
Child protection
New offences have also been introduced for the protection of children which include offences of procuring a child to traffic in drugs and supplying drugs to a child for the child to sell.
Cannabis offence notice
The Act also includes some additional changes to the Drugs of Dependence Act 1989 (DoDA). The Drugs of Dependence Act 1989 has been amended to reduce the number of cannabis plants which can be dealt with by way of a Simple Cannabis Offence Notice (SCON) from five to two and the exclusion of all hydroponically or artificially cultivated cannabis plants from the SCON scheme.
The decision was made to exclude hydroponically grown cannabis plants from the SCON scheme as the trend towards hydroponic methods of cannabis cultivation indicates that the quantities of cannabis now able to be produced, and potentially the potency of that cannabis, are no longer in line with the original intentions of the scheme.
The Simple Cannabis Offence Notice Scheme allows for a person to possess up to 25gms of dried cannabis, or two cannabis plants (excluding all hydroponically or artificially cultivated cannabis plants) for personal use only. If the fine is paid within 60 days, no criminal record will be recorded. It must be remembered, that possession of any amount of cannabis in the ACT is NOT legal.
Police have discretion whether to issue a SCON or charge an offender with a criminal offence.