Australia Cannabis Laws: Western Australia


Cannabis Intervention Requirements (Less than 10 grams)

Western Australia is much more strict than any other state. There are numerous assisting strategies in place for the protection of younger users and/or first-time users from prosecution. The most crucial of these things is the ‘Cannabis Intervention Requirements’ or CIR. Given information is a summary that is taken from the website of the Western Australian Mental Health Commission.

For a CIR or Cannabis Intervention Requirement that is to become into effect, you must be:

  • Of the age of 14 years or more than that.
  • Found while possessing or making use of fewer than 10 grams of weed. Or found with a smoking apparatus e.g. bowl, pipe, or similar with traces of weed.

If once provided a CIR:

  • You must register for and have to attend a Cannabis Information Session or CIS within a period of 28 days. Or have to apply in writing for the extension to Western Australian police along with evidence of extenuating circumstances.
  • You can do your registration for Cannabis Information Session over the phone by calling 1800 722 362.

The Cannabis Information Session:

  • The drug counselor conducts the one-on-one interview.
  • You must be sober, have to give a copy of your CIR, and also have to provide a photo ID.
  • Must actively involve in the session.
  • You will get a certificate of completion after completion. They will also send one certificate of completion to the police of Western Australia.

Other Necessary Information:

  • Adolescents who are of age 14-17 might receive a CIR up to 3 times. Meanwhile, adults who are of age more than 18 can receive only one CIR. Then the courts will handle the prosecution and you could also get a criminal conviction.
  • Cannabis Information Session does not get applied to growing or possession of resin, oil, or marijuana plants, or any other cannabis products, other than straight cannabis weed.
  • It is non-mandatory to giving out CIRs. However, you can generally count on being given one instead of getting arrested, if you are honest and respectful to the police.

However, the CIR might be annoying and troublesome. But, it is a crucial evil for avoiding criminal convictions and prosecution. You must follow the information mentioned above if you have got that. You should also make sure that you are doing it on time and properly.

Possession of Cannabis for Personal Use ( 10 to 100g, Less than 20 plants)

You will almost assuredly be facing criminal charges in Western Australia for possessing cannabis more than 10 grams. The same thing goes for the cultivation of a fewer number of plants. If you possess less than 20 plants of cannabis then the assumption is that it is for personal use. It also carries a similar maximum penalty that is up to 2 years of imprisonment or a $2000 fine in 2019. Magistrates Court handles the simple possession.

You can see s 34(1)(e) Misuse of Drugs Act 1981 and 6(2) Misuse of Drugs Act 1981 for a closer look at the legislation.

Possession with the Intention of Selling or Supply (20+ plants, 100+ grams)

Once you have crossed the mark of 100 grams, it absolutely signifies that your intention is to sell. You can do an argument in court on this point, but it is really extremely difficult to prove it. The judge can try summarily those offenses that come in this range for a maximum penalty of 4 years imprisonment or a $5000 fine. An eager prosecutor or a more serious charge might result in an accusation.

It might carry a hefty maximum penalty of 25 years of imprisonment or a $1,00,000 fine. You can see s 6(1) Misuse of Drugs Act 1981 for this. Judge and Jury in the District Court try the offenses supplied. It can be escalated in the Supreme Court of Western Australia.

Things To Remember

In Western Australia, possession of cannabis might be a major legal issue. And if you find yourself in any complexion there are a huge number of points which you must know about this.

Possession Needs Awareness: If found possessing weed and you can’t establish the fact that you were not aware that it was there. Or you can’t prove that you didn’t know what it was, then you technically are possessing it. It would be a highly complex situation for you to prove. However, you can pass off the weed as salt or as a baby powder just like any other illegal substance.

Possession can mean control: It doesn’t require that you are physically holding the cannabis for being in possession of it. There will be a certain charge on you if the prosecutor is eligible in establishing that you were controlling the drugs in some way.

Possession doesn’t require to be exclusive: If found in joint possession between two or more people then it is recognized legally. It might leave you entirely open to prosecution. It is inclusive of knowing that is there in property or vehicle you own or live in.