Cannabis Control Regulations 2004 (WA)

Case
No judgment structure available for this case.

Western Australia

Cannabis Control Act 2003

Cannabis Control Regulations 2004

These regulations were repealed by the Cannabis Control Reform Act 2010 s. 3(b) (No. 45 of 2010) as at 1 Aug 2011 (see s. 2(b) and Gazette 29 Jul 2011 p. 3127).

Western Australia

Cannabis Control Regulations 2004 ContentsPart 1Preliminary1. Citation 12CommencementPart 2Cannabis infringement notices3. Modified penalties 24. Form of CIN 25. Form of notice of withdrawal of CIN 26. Form of certificate of completion of CES 2Part 3Cannabis smoking paraphernalia7. Warning notice 38. Cannabis education materials 3Schedule 1Modified penaltiesSchedule 2FormsSchedule 3Warning notice (cannabis smoking paraphernalia)Schedule 4Cannabis education materials (cannabis smoking paraphernalia)NotesCompilation table 12

Western Australia

Cannabis Control Act 2003

Cannabis Control Act 2003

Cannabis Control Regulations 2004

Part 1Preliminary1.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 2Cannabis infringement notices3.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 3Cannabis smoking paraphernalia7.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 1Modified 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 2Forms

[r. 4, 5 and 6]

Form 1

CANNABIS INFRINGEMENT NOTICE

Cannabis Control Act 2003

Issue date

/

/

Notice No.

/

Alleged Offender                                                                          Multiple 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:

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, 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];

OR

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.

/

CIN No.

/

CIN No.

/

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:

t        Loss of concentration

t        Impaired balance

t        Slower reflexes

t        Increased appetite

t       Increased heart rate

t       Feeling of wellbeing

t       Loss of inhibitions

The immediate effects of high doses of cannabis may include:

t        Confusion and anxiety

t        Restlessness

t        Detachment from reality

t       Hallucinations

t       Paranoia

t       Panic attacks

The effects of frequent cannabis users can include:

t        Dependence, 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.

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

t        Learning difficulties — decreased concentration, memory and learning abilities.

t        Respiratory 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:

t        Some 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.

t        Cannabis, 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

t               Alcohol and Drug Information Service

Confidential 24 hour information, counselling and referral.

Telephone (08) 9442 5000

Toll free 1800 198 024 (country callers)

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

Notes

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

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)

These regulations were repealed by the Cannabis Control Reform Act 2010 s. 3(b) (No. 45 of 2010) as at 1 Aug 2011 (see s. 2(b) and Gazette 29 Jul 2011 p 3127)

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0