Cannabis Intervention Requirement WA
Western Australia takes cannabis use and possession seriously. The Cannabis Intervention Requirement (CIR) is a method used by the law in WA to penalize and, to some extent, help people who use cannabis as a drug.
If someone is found possessing or is seen using cannabis in a small amount or a smoking device containing trace amounts of cannabis is discovered on a person, then a CIR notice is issued. An individual who has been handed a CIR will need to book into and complete what is called a Cannabis Intervention Session (CIS). This must take place within a 28-day period of the issuing of the notice. The person can alternatively choose to have the case heard by the court.
When Cannabis Use is not a Minor Issue
CIR is only used for minor cannabis use and if someone is caught cultivating or possessing cannabis resin or cannabis oil then this matter is handled by a court prosecution. Additionally, a person who only possesses small amounts of cannabis may be subject to a court prosecution and not be handed a CIR if their intention is to supply or sell the product.
Procedure After Receiving a CIR
You must immediately book and take part in a CIS. It must take place within a 28-day period following the issuance of the CIR extensions are only permitted in special circumstances and only by filling in and filing the relevant form. You can have your cannabis issue heard by the court if an application is made in writing.
The advantage of completing a CIS is that you will not be labelled with a criminal conviction.
When is a CIR issued?
There is no hard and fast rule concerning a CIR as Police make this decision, but a CIR is issued to a person more than aged 14 years who is found in possession of or using 10 grams or less of cannabis.
If a smoking device is found with cannabis detected on it a CIR may also be issued. A person between the ages of 14 and 17 can be issued with a CIR twice but on different occasions while an adult can only be issued with one.
Once an adult has received one CIR other instances of cannabis use or possession are handled by the court. As far as a young person is concerned any instances which exceed two will be handled under the 1994 Young Offender’s Act. People who commit serious drug offences involving sex or violence will not be issued a CIR.
You can’t ignore a CIR
If you try to ignore the 28-day requirement attached to a CIR of completing a CIS then, prosecution will take place through the court system. The Juvenile Justice Team may be asked to intervene in the case of a youth.