Cannabis Control Regulations 2004

Western Australia

Cannabis Control Act 2003

Part 1 — Preliminary

1.Citation

These regulations may be cited as the Cannabis Control Regulations 2004 1.

2.Commencement

These regulations come into operation on the day on which the Cannabis Control Act 2003 comes into operation.

Part 2 — Cannabis infringement notices

3.Modified penalties

The modified penalty set out in Schedule 1 column 2 opposite the offence referred to in Schedule 1 column 1 is the prescribed modified penalty for that offence for the purposes of section 10 of the Act.

4.Form of CIN

Schedule 2 Form 1 is prescribed for the purposes of section 8(1) of the Act.

5.Form of notice of withdrawal of CIN

Schedule 2 Form 2 is prescribed for the purposes of section 12(1) of the Act.

6.Form of certificate of completion of CES

Schedule 2 Form 3 is prescribed for the purposes of section 18(2) of the Act.

Part 3 — Cannabis smoking paraphernalia

7.Warning notice

(1)The warning notice in Schedule 3 is prescribed for the purposes of section 22 of the Act.

(2)The warning notice must be written in Helvetica font with —

(a)the words “Health Warning” in 60 point font size; and

(b)the other text in 36 point font size.

8.Cannabis education materials

The cannabis education materials set out in Schedule 4 are prescribed for the purposes of section 23 of the Act.

Schedule 1 — Modified penalties

[r. 3]

Offence	Modified Penalty
Offence under section 5(1)(d)(i) of the Misuse of Drugs Act 1981 involving cannabis	$100
Offence under section 6(2) of the Misuse of Drugs Act 1981 involving not more than 15 grams of cannabis	$100
Offence under section 6(2) of the Misuse of Drugs Act 1981 involving more than 15 grams of cannabis but not more than 30 grams of cannabis	$150
Offence under section 7(2) of the Misuse of Drugs Act 1981 involving not more than 2 cannabis plants under cultivation	$200

Schedule 2 — Forms

[r. 4, 5 and 6]

Form 1

CANNABIS INFRINGEMENT NOTICE

Cannabis Control Act 2003

Issue date

Notice No.

Alleged OffenderMultiple CINs Issued: Y / N

Surname

Given name/s

Residential address

Postcode

Date of Birth

M.D.L. No.

Alleged Offence

Place of occurrence

Postcode

Misuse of Drugs Act 1981 section

Description of offence

Modified penalty

$
r CES ONLY

Details of officer issuing this notice

Issuing officer

Reg

Station

Signature

What you must do

IF THE “CES ONLY” BOX IS NOT TICKED the following options apply:

1.You may elect to have this matter heard and determined by a court. To do this, complete the details in “Electing action by a court” on the reverse of this notice and return this notice to [name and address] within 28 days after the service of this notice.

2.You may, within 28 days after the service of this notice, pay the modified penalty (see “Paying the modified penalty” on the reverse of this notice) OR complete a cannabis education session (see “Completing a CES” on the reverse of this notice).

Should you not pursue any of the above options within 28 days, additional administrative charges may be incurred and action may be taken to suspend your driver’s or vehicle licence until you have paid in full the modified penalty and any additional charges OR you have elected to have this matter dealt with before a court.

IF THE “CES ONLY” BOX IS TICKED this means Police Service records show that, within 3 years before the date of the offence alleged in this notice, you were given a CIN for each of 2 or more offences alleged to have been committed on separate days. In this case, the following options apply:

2.You may, within 28 days after the service of this notice, complete a cannabis education session (see “Completing a CES” on the reverse of this notice) however you cannot dispose of this matter by paying the modified penalty.

Reverse of Form 1

Electing action by a court

I elect to have the offence alleged in this notice dealt with by a court. I understand that I may receive a summons for the alleged offence.

Signature

Date

Address for service

Postcode

Paying the modified penalty

You may pay the modified penalty —

1.BY POSTING a cheque or money order made payable to [name and address];

2.IN PERSON at any Australia Post Office/Agency during office hours.

NOTE: Part payment cannot be accepted.

Completing a CES

You may arrange to complete a cannabis education session by contacting the Department of Health “Health Info” booking line between 7.00 a.m. and 7.00 p.m. Monday to Friday on the number below:

“HEALTH INFO” BOOKING LINE — 1300 793 633

If you wish to arrange a cannabis education session, you are strongly advised to do so within 14 days of the issue of this notice in order to ensure that you can undertake the CES within 28 days as required by the Act.

The CES will be booked with an authorised provider and you will be provided with —

·the time, date and venue of the CES; and

·the name and contact telephone number of that authorised provider.

You must ensure that you have a pen and paper to write down these details as no further reminders will be issued.

Any inquiries after the initial booking should be made directly to the authorised provider on the contact telephone number provided.

In extenuating circumstances the authorised provider may reschedule a CES to another date, but this date must be within 28 days of the issue of this notice.

You must take a copy of this notice to the CES.

You must complete the entire CES.

If you arrive at the CES under the influence of alcohol or other drugs you will not be permitted to undertake the session.

Form 2

WITHDRAWAL OF CANNABIS INFRINGEMENT NOTICE

Cannabis Control Act 2003

Issue date

Notice No.

Alleged Offender

Surname

Given name/s

Residential address

Postcode

A CANNABIS INFRINGEMENT NOTICE SERVED ON YOU HAS BEEN WITHDRAWN. ANY PAYMENT THAT HAS BEEN MADE WILL BE REFUNDED AND —

·NO FURTHER ACTION WILL BE TAKEN*

·A SUMMONS WILL BE ISSUED*

[* delete whichever is not applicable]

Details of withdrawn notice

Issue date

Notice No.

Details of officer issuing this withdrawal notice

Issuing officer

Reg

Station

Signature

Form 3

CERTIFICATE OF COMPLETION OF CANNABIS EDUCATION SESSION

Cannabis Control Act 2003

Date of completion

Person who completed

Surname

Given name/s

Residential address

Postcode

CIN(s) in respect of which the CES was completed

CIN No.

Person who conducted the CES

Signature

Date

Schedule 3 — Warning notice (cannabis smoking paraphernalia)

[r. 7]

Health Warning

Cannabis may cause serious health and psychological problems.

It is particularly dangerous to drive or operate machinery whilst under the influence of cannabis.

Schedule 4 — Cannabis education materials (cannabis smoking paraphernalia)

[r. 8]

CANNABIS

Cannabis, hashish and hashish oil come from the Cannabis sativa plant. This plant contains the chemical THC, which affects mood.

Appearance

Cannabis — dried greenish‑brown leaves or flowers of the plant.

Hashish — brown to black resin.

Hashish oil — reddish brown oil.

How is it used?

Cannabis is most commonly smoked as a joint or through a bong, but is occasionally cooked and eaten in foods.

EFFECTS

The immediate effects of low doses of cannabis may include:

tLoss of concentration

tImpaired balance

tSlower reflexes

tIncreased appetite

tIncreased heart rate

tFeeling of wellbeing

tLoss of inhibitions

The immediate effects of high doses of cannabis may include:

tConfusion and anxiety

tRestlessness

tDetachment from reality

tHallucinations

tParanoia

tPanic attacks

The effects of frequent cannabis users can include:

tDependence, which means:

-the drug is central to a person’s life

-the user has trouble cutting down his or her use

-the user experiences symptoms of withdrawal when he/she tries to cut down.

tPsychological problems — anxiety, depression, paranoia and psychosis in those people with a predisposition to mental health problems.

tLearning difficulties — decreased concentration, memory and learning abilities.

tRespiratory problems — increased risk of cancer and respiratory disorders such as asthma, bronchitis and emphysema.

TAKING CARE

It is safer not to use cannabis at all. However, if someone does, remember:

tSome people have panic attacks when they get “stoned”. If this happens, call for help immediately and reassure them it will pass. Because of this, users should not be left alone as they can often find themselves in dangerous situations.

tCannabis, like alcohol, slows reflexes, affecting reaction time and ability to carry out normal functions such as driving, swimming and operating machinery.

It is illegal to possess, use, supply or manufacture Cannabis. Serious penalties can apply.

WANT MORE INFORMATION

twww.drugaware.com.au

tAlcohol and Drug Information Service

Confidential 24 hour information, counselling and referral.

Telephone (08) 9442 5000

Toll free 1800 198 024 (country callers)

tFor additional copies of this resource call (08) 9222 2045.

Notes

1This is a compilation of the Cannabis Control Regulations 2004. The following table contains information about those regulations 1A.

Compilation table

Citation	Gazettal	Commencement
Cannabis Control Regulations 2004	9 Mar 2004 p. 717-30	22 Mar 2004 (see r. 2 and Gazette 9 Mar 2004 p. 733)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and year	Assent	Commencement
Cannabis Control Reform Act 2010 Pt. 2 2	45 of 2010	28 Oct 2010	To be proclaimed (see s. 2(b))

2On the date as at which this compilation was prepared, the Cannabis Control Reform Act 2010 Pt. 2 had not come into operation. It reads as follows:

Part 2 — Cannabis Control legislation repealed

3.Repeals

The following are repealed —

(a).............................

(b)the Cannabis Control Regulations 2004.