A formal caution policy for cannabis possession has been issued to police, according to Director of Public Prosecutions Larry Mussenden.

In a statement, Mr Mussenden said he has today issued to the Commissioner of Police the guidance for formal cautions for simple possession of cannabis which details a “three strikes” policy in cases where a person is found with less than 3g of cannabis.

“As I stated recently, in 2016 Parliament passed the Police and Criminal Evidence Amendment Act 2016 which made provision for the Director of Public Prosecutions to give a guidance for a formal police caution for appropriate offences,” he said.

“Thereafter, I announced that I would consider a guidance for a police caution policy in respect of simple possession of cannabis. I stated that I would welcome input from the community. Also, at that time I reached out to various agencies for their views on a police caution policy for simple possession of cannabis.

“I am pleased formally to release the guidance for a caution policy today as the Police and Criminal Evidence Amendment Act 2016 was brought into operation yesterday by the Attorney-General by way of a notice in the Official Gazette.

“I am grateful to everyone who made a submission and I am grateful to the committee in the Department of Public Prosecutions who assisted with the guidance.”

The key points of the policy, as explained by Mr Mussenden, are:

1. The weight of the cannabis must be under 3g;

2. An offender must admit to possession of the cannabis;

3. An offender must not have other drugs on them at the time of the seizure/search;

4. Offenders under 18 years of age will be referred to Child and Family Services;

5. On a first and second arrest for possession of cannabis, a first caution and second caution respectively may be granted;

6. On a third arrest for possession, a caution may be granted on the following conditions:

a. A person will be bailed from the police station to return to the police station 3 months later — such time to be used to complete some tasks;

i. An assessment must be made by BARC;

ii. An offender must undergo a minimum of 12 hours of drug counselling;

iii. An offender should pass a drug test.

b. If the conditions are met, then a third caution will be issued — otherwise the offender will be sent to court for prosecution.

7. On a fourth arrest within two years of a third caution, the offender will not be eligible for a fourth caution;

8. Upon two years passing from the date of the third caution, an offender is re-eligible for a first caution.

“It is a pleasure to release formally this guidance for a caution policy for cannabis,” Mr Mussenden said. “It is designed to steer offenders away from the courts with all the consequences arising from convictions, builds in a three strikes policy, and involves counselling and drug testing.

“The policy is designed to allow our people to pursue their life and career objectives and to be productive, healthy and successful members of the community.”