Tuesday, 25 August 2026

 Rachel PAYNE (South-Eastern Metropolitan) (22:07): (2720) My adjournment matter is for the Attorney-General, and the action I seek is for the Attorney to make cannabis cautioning the law. Possession of cannabis for personal use is a low-level offence that should not automatically result in arrest. This is the principle that Victoria Police itself recognised when the Victoria Police manual was updated in September 2024. Victoria Police clearly think caution, and not arrest, is the appropriate course of action for minor possession of cannabis for personal use. Let us be frank: they have far more important things to do than arrest people for a joint. Arrest is serious, and arrest can have long-lasting consequences, affecting a person’s employment, education, housing and future opportunities. It can also have broader impacts on families and communities, increasing the risk of ongoing disadvantage and of involvement with the justice system, where a health or diversion response would be much more appropriate.

We have had 25 organisations across the legal, drug and alcohol and health sectors write to the Attorney, calling for cannabis cautioning to be made the law. The Victorian Alcohol and Drug Association, the Federation of Community Legal Centres, the Victorian Aboriginal Legal Service, UnitingCare and others are urging the government to legislate cannabis cautioning. These organisations work every day with people affected by drug policy, the criminal justice system and health inequities. They understand the real-world consequences of criminalising people for minor cannabis possession. A clear, consistent law means fairer outcomes for Victorians. It would reduce unnecessary arrests for personal possession of cannabis and give Victoria Police the certainty that they need to respond consistently on the front line.

It is time our laws focused on harm reduction, not unnecessary criminalisation. Every unnecessary cannabis possession charge places extra pressure on police, legal aid, the courts and the justice system. Instead of wasting time and resources on low-level offences, the Carroll government needs to be focusing on serious crime. By legislating cautioning we can free up valuable police resources to focus on serious crime and community safety while preventing people from carrying the lifelong consequences of a criminal record for conduct that is better addressed through a health and harm reduction approach. Therefore the action I seek is for the Attorney-General to legislate the cannabis cautioning scheme so that no Victorian is unnecessarily criminalised for possessing cannabis for personal use.