The Victorian Legislative Council has supported a motion from Legalise Cannabis Victoria MP Rachel Payne to formalise the state’s Victorian cannabis cautioning scheme in law. This development follows arguments from Legalise Cannabis Victoria that a recent Victoria Police policy adjustment had not substantially reduced arrests for low-level cannabis possession, prompting calls for legislative clarity.
Victoria Police Policy Shift and Implementation Challenges
In September 2024, Victoria Police updated its internal policy regarding low-level cannabis possession. The revised guidelines recommended cautioning over arrest, expanded eligibility criteria for cautions, and removed previous limits on the number of cautions an individual could receive for personal-use cannabis possession. This internal administrative change aimed to streamline enforcement and potentially reduce the burden on the justice system, as reported by Cannabiz AU.
However, Legalise Cannabis Victoria MP Rachel Payne stated that the policy shift had not translated into meaningful operational changes. She highlighted a significant awareness gap regarding the updated approach among various stakeholders, including serving police officers, legal professionals, human rights advocates, and the wider community. Payne noted that even inquiries directed to the police minister in the middle of last year did not indicate the extent of the policy changes, suggesting a lack of broad communication or internal dissemination.
“Victoria Police changed their policy in September 2024. However, no-one seems to know about it,” Payne told Cannabiz AU. “This includes current serving police, former police, legal experts and human rights legal experts who look at cautioning schemes all the time.”
This perceived lack of awareness is supported by Crime Statistics Agency data cited by Legalise Cannabis Victoria. The figures indicate that 48% of individuals detected with small amounts of cannabis were still subjected to arrest, while only 37% received cautions. MP Payne argued that these statistics underscore the practical disconnect between policy intent and actual enforcement, suggesting the proportions should be reversed to reflect a harm minimisation approach.
Legislative Formalisation of Victorian Cannabis Cautioning
The motion to formalise the cautioning scheme in law passed the Victorian Legislative Council without opposition, securing support from both the government and the opposition. MP Payne viewed this bipartisan backing as a positive indicator, stating it “indicates that Victoria Police are leading the way in saying we need a harm minimisation approach.”
The rationale for legislating the scheme, according to Payne, centers on providing unequivocal clarity. A statutory framework would ensure consistent application by police officers, offer clear guidance for magistrates in judicial proceedings, and establish transparent expectations for the public. This formalisation is also anticipated to enhance the efficiency of law enforcement by potentially reducing the number of arrests and subsequent administrative processes for minor cannabis offences, thereby freeing up police resources for more serious matters.
Payne emphasised the objective of this legislative push: “Just make cautions the law, and then everyone will be on the same page.” This approach aims to embed the harm minimisation principle more deeply into the state’s legal framework for minor cannabis possession.
Outlook for Policy Reform
Following the Legislative Council’s endorsement, the Victorian government is now expected to undertake further investigation into the proposal for legislative formalisation. Legalise Cannabis Victoria has expressed optimism that this reform could be advanced before the state election scheduled for November 28.
The cross-party support for the motion is considered by Legalise Cannabis Victoria as providing additional weight for the government to act. MP Payne confirmed that she and fellow MP David Ettershank intend to continue their efforts to ensure the investigation process is conducted both swiftly and thoroughly, with the aim of implementing the reform as soon as practical within the current political cycle.
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