Cannabis should be decriminalised, NSW Bar says

In its findings, the inquiry said it was “absurd, draconian and antiquated” that those caught in possession of a small quantity of cannabis face a maximum penalty of two years imprisonment.

“This degree of criminalisation, which has persisted for many decades, is irrational and an affront to the community’s sense of justice and can be remedied by the Parliament in a way consistent with the policy position of the government,” the inquiry said.

NSW Bar Association president Dominic Toomey SC said criminalisation has not been an effective deterrent, and drug use should be addressed “outside of the criminal justice system”.

“Criminalisation does not help; it harms,” Toomey said.

“The criminalisation of the use and possession of small quantities of cannabis, and other drugs, fails to address the fact that drug use and addiction are, fundamentally, health issues.

“It also fails to reflect modern community attitudes.”

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Toomey said the majority of the community no longer considers it appropriate that someone possessing a small quantity of cannabis should have to face severe criminal sanctions.

The NSW government was urged to look at assisting vulnerable people “break their cycle of disadvantage”, including First Nations people who are over-represented in the justice system but do not receive the same opportunity to benefit from drug diversion initiatives.

As it currently stands, Toomey said taxpayers’ money is being wasted and could instead be better spent “targeting other criminal activity and funding more drug and alcohol rehabilitation programs”.

“The special commission provided the most comprehensive range of recommendations, all of which are supported by the NSW Bar Association,” Toomey said.