Queensland Parliament

Budget Estimates Hearings

Legal Affairs and Community Safety Committee

Thursday 26 July 2018

 

Costs of Policing and Prosecution of Cannabis Cases

 

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MCAG & MCUA LETTER: QUESTIONS - COSTS OF POLICING & PROSECUTING CANNABIS CASES 

 

Dear Mr Ryan, Ms D'Ath and Members of the Legal Affairs Committee,

 

Re:  Budget Estimates Hearings - Thursday 26 July 2018

        Questions on Notice: Costs of Policing and Prosecution of Cannabis

 

We are seeking your assistance with this important issue and request that Mr Ryan and Ms D’Ath provide figures in relation to the costs of policing cannabis and prosecution of cannabis cases in Queensland.  

 

The Medical Cannabis Advisory Group (MCAG) and the Medical Cannabis Users Association of Australia (MCUA) that have been advocating tirelessly for the introduction of sensible and compassionate cannabis law reform measures in Queensland that provide for timely, affordable and efficient access to cannabis products from licenced suppliers; and that also provide provisions for patients and carers so that they are not arrested for growing or possessing their own cannabis. 

 

We bring to your attention that the main objective of the Drugs Misuse Act 1986 when it was passed by the Queensland Parliament in 1985 was to target drug traffickers in heroin, not the actual users of cannabis or other drugs. Another objective was to divert users of drugs with drug dependancy issues to treatment, not to punish or imprison them. The objectives or scope of the Drugs Misuse Act were not to target or capture medical use.  Although the Drugs Misuse Act does provide for necessity and justification or excuse defences, it is unjust and unreasonable that carers and consumers who produce or possess cannabis for medical use, especially those with serious or life threatening conditions are being arrested or are at risk of arrest.

 

The Australian Criminal Intelligence Commission's Illicit Drug Data Report for 2015/16 (pages 68-70) that was released on 30 June 2017, reported that Queensland continued to lead the nation in cannabis arrests. In 2014/15 there were 23,850 cannabis arrests in Queensland. In 2015/2016 cannabis arrests in Queensland increased by 6.1% to 25,307.  Queensland also accounted for the greatest proportion of national cannabis arrests in 2015–16 (31.8 per cent), followed by New South Wales (22.4 per cent). Combined, these two states accounted for 54.1 per cent of national cannabis arrests in this period. Consumer arrests accounted for the greatest proportion of arrests, comprising 90.7 per cent of national cannabis arrests in 2015–16. 

 

This report highlights the injustice of cannabis policing as 22,776 consumers of cannabis were arrested in Queensland in 2015/16 in contrast to less than 3,000 arrests for trafficking and commercial supply. We believe that the figures and costs requested below will also show that current policy is not cost effective or in the public interest. 

 

For Mr Ryan, Minister for Police and Corrective Services to provide figures and costs of Policing Cannabis in Queensland as follows:

• Number of cannabis arrests and costs of policing cannabis and prosecution of cannabis cases in 2016/17 and 2017/18 for the following offences:

  • Trafficking charges

  • Produce, possess, supply & other cannabis related charges – commercial supply of cannabis

  • Produce, possess, supply & other cannabis related charges – consumers of cannabis

  • Other cannabis related offences

• Number of patients, parents and carers arrested & charged in 2016/17 and 2017/18.

• Juveniles arrested & prosecuted in 2016/17 and 2017/18.

• Botanical and chemical analysis of cannabis plants, cannabis material, THC, CBD & other cannabinoids in 2016/17 and 2017/18.

• Roadside testing for cannabis

• Revenue raised by police from cash & valuable items confiscated in cannabis cases in 2016/17 and 2017/18.

• Revenue raised by police from sale of cannabis related items seized in cannabis cases i.e. lights, fans, generators, vaporisers etc in 2016/17 and 2017/18.

• Any other cannabis related costs

• Costs to date in the matter of QPS v Debra Lynch.

• Budget estimates for policing of cannabis and police prosecutions.

 

For Mr Ryan, as Minister for Corrective Services to provide figures and costs for Prisons - Cannabis Offences

 

Corrective services costs for cannabis and breakdown of people imprisoned for cannabis offences in 2016/2017 and 2017/18:-

• Adults on remand

• Adults serving time

• Juveniles on remand

• Juveniles serving time

 

Urine & blood tests to detect cannabis use in prisons and the number of positive test results in 2016/17 and 2017/18:

• Male adults in Queensland prisons

• Female adults in Queensland prisons

• Juveniles in Queensland detention centres​

Budget estimates for the following-

• Adults in prison for cannabis charges

• Juveniles in detention for cannabis charges 

• Urine and blood testing for cannabis use – adult prisons

• Urine and blood testing for cannabis use - juvenile centres

 

For Ms D’Ath, Attorney General and Minister for Justice to provide figures and costs for the Prosecution of Cannabis Cases

• Prosecutions & appeals in 2016/17 - trafficking charges.

• Prosecutions & appeals in 2016/17 - produce, possess, supply charges & other charges related to commercial.

• Prosecutions & appeals in 2016/17 - produce, possess, supply charges & other charges related to consumer use of cannabis for medical and personal use.

• Budget estimates for prosecuting cannabis cases.

 

For Ms D’Ath, to also provide figures and costs of Legal Aid for Cannabis Cases

• Legal Aid granted in 2017/18 to people charged wth cannabis offences - Legal Aid Solicitors. 

• Legal Aid granted in 2017/18 to private solicitors/law firms and community legal centres.

• Costs & percentage of Legal Aid Budget spent on cannabis cases in  2017/18.

• Budget estimates for Legal Aid for cannabis cases.

 

Grace Sands LLB                                Debra Lynch 

President MCAG                                President MCUA