The Federation of Community Legal Centres supports the motion tabled by Legalise Cannabis Victoria to legislate the Victoria Police practice of making cautions the default option for personal possession of cannabis. This is an issue where we believe the response should be set by legislation, not left to individual discretion - ensuring consistency and reducing unnecessary arrests.
In 2024, Victoria Police updated the Victorian Police Operational Manual to include a recommendation that cautions be given to people possessing cannabis for personal use, instead of arrest. Community legal centres warmly welcomed this pragmatic move, yet two years on, it has been revealed that few law enforcement officers know about or act upon the recommendation. As a result, and in contrast with the operational recommendation, arrests remain high, with 48 per cent of people caught in possession of small amounts of cannabis
receiving arrest.
Possession of cannabis for personal use is a low-level crime that does not require arrest - as recognised by Victoria Police. Being arrested has profound consequences on individuals, families and society and perpetuates cycles of crime, poverty and disadvantage. In 2021, the Legislative Council Legal and Social Issues Committee found that "the harms that arise from the criminalisation of cannabis affect a larger number of people and have a greater negative impact than the mental health and other health harms associated with cannabis use". The Committee highlighted the ramifications of having a criminal record and the stigma associated with it, as well as the disproportionate impact that arrest for cannabis possession had on young people, Aboriginal people, and those experiencing disadvantage. Having a criminal record creates a barrier to employment, connection to community and peers, education, housing and rehabilitation services. Arresting people for low level offences not only fails to address the drivers of substance use, but exacerbates them, drawing people into the criminal legal system which often creates circumstances for far greater offending.
Community legal centres provide free legal advice, representation and casework to people charged with possession and use of cannabis who are experiencing hardship and disadvantage. Their experience aligns with the position put by Victoria Police and the Legislative Council Legal and Social Issues Committee that cautioning people found in possession of small amounts of cannabis creates better outcomes than arrest.
In 2024, we commended Victoria Police for updating its recommendation to use cautions, but the data has shown that updating a manual simply isn't enough to ensure changes are enacted. We need the recommendation to become law.
Last year, 2.5 million Australians reported consuming cannabis. Arresting people for personal possession of cannabis evidently fails to deter users, and is a waste of police, court and human resources. The small legislative change proposed would reduce the burden that low level possession places on these systems, while ensuring everyone caught in possession is treated fairly under the law.
Louisa Gibbs, CEO at the Federation said:
"Community legal centres are acutely aware of the real-life repercussions of getting caught in possession of small amounts of cannabis. What we see is that the people who face criminal charges for possession of cannabis are overwhelmingly people already experiencing marginalisation - including family violence, discrimination and homelessness. Making cautions the default option is proportional and promotes better outcomes for individuals, our legal system and our community".
Adam Willson, Managing Lawyer, Criminal Law and Drug Outreach, Fitzroy Legal Service said:
"The difference between a caution and a charge can change lives. For the communities we serve, it is added pressure on top of experiences of family violence, homelessness, and financial disadvantage. Being arrested, going to court, and, in some cases, being remanded ultimately keeps people away from their families, communities, and support services. If charges can be avoided, they should be. This small change to the law can help make policing clearer and prevent people from needlessly entering the criminal legal system."
