Changes introduced this week mean NSW Police can now issue up to two on the spot Criminal Infringement Notices (CIN) up to $400 each to adults caught with a small quantity of drugs. 

The modifications mean those issued a CIN will be encouraged to complete a tailored drug and alcohol intervention and, if completed, their fine will be treated as paid. 

It’s all part of the NSW Government’s plan to treat minor drug usage as a health issue, rather than a criminal act. 

By expanding and strengthening its drug diversion programs in NSW, the group hopes to save more lives and continue the fight against addiction. 

The changes do not apply to any serious drug offences like drug supply. 

“Drug use and dependence are very much health issues and ones that are far better addressed through health support outside the courts and criminal justice systems,” says Minister for Health Ryan Park. 

“This is an evidence-based approach in line with community expectations. It responds directly to expert evidence, and recommendations from the Special Commission of Inquiry into the drug ice.” 

NSW Police will use their discretion in all cases to charge a person and proceed to court. 

It is still an offence to possess and use illicit drugs. 

It is anticipated that this scheme will divert thousands of people away from our court system each year. 

Minister for Police and Counter-terrorism Yasmin Catley said the changes would bring NSW into line with all other Australian states and territories, which operated drug diversion programs for low level illicit drug offences. 

“The safety of the community is our top priority and this scheme provides better outcomes for low-level drug offending without compromising safety,” she said. 

“It is not mandatory for the Police to issue an on-the-spot fine – this is another tool in their kit and police retain their discretion to deal with the matter as appropriate, including proceeding to court.  

“Providing the police with more options to manage drug offences allows a proportionate response to the offending behaviour and health issues that officers are seeing in the community.” 

If an offender does not complete a health intervention, the penalty will be enforced by Revenue NSW. 

The majority of low-level drug offenders who attend court receive a fine yet currently do not receive any incentive to take up health advice. 

This reform seeks to ease the burden on police and courts, allowing resources to be reprioritised to focus on the suppliers and manufacturers of illegal drugs in NSW. 

This early intervention approach is aimed at preventing long-term drug use, which may lead to further criminal offending. 

It will also reduce contact with the criminal justice system for these first- and second-time drug possession offenders.  

It is anticipated that the scheme will commence in early 2024. 

The new drug diversion program will not apply to the following: 

• Drug supply, dealing or trafficking 
• Drug production or manufacture 
• Previously convicted drug dealers 
• People who have large quantities of drugs 
• People who have already received two Criminal Infringement Notices for drug possession offences. 

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