DOGS AND DRUGS

The recent escalation in the war on drug users - with sniffer dogs on the streets, road blocks and police raids on Nimbin cafes - comes as something of a surprise. Most of us have viewed the eventual relaxation of the legal regulation of the use of cannabis, and possibly some other drugs, as inevitable.

Policing in recent years has apparently meant little risk of detection for marijuana users. Police no longer apply for search warrants to seize one or two cannabis plants. And a year ago, police were given limited powers to issue official cautions for possession of small quantities of cannabis, reducing the impact of detection for some users.

NSW Bureau of Crime Statistics figures show the reality is a little different. The number of people charged with cannabis possession across the State has in fact been increasing steadily each year until 1999. There was a slight decline last year (from 11480 cannabis possession offences in 1999, down to 10859 in 2000). There were also 1887 cannabis cautions issued in the year to March 2001. The introduction of sniffer dog policing will surely see more people punished for marijuana possession, and more cautions issued. That is the hub of the problem.

Sniffer dog led random searches must inevitably detect the widespread use of cannabis in our community. The police have yet to make a clear statement of their objectives in this latest escalation. Some officers say they are "targeting" heroin, and "targeting" cannabis dealers, not harassing ordinary users. But conducting routine mass searches is the opposite of targeting. The result is that many more users will be detected and punished, with dubious prospects of catching any serious dealers.

Drug policing has always had that result. Again, Bureau of Crime Statistics figures are revealing. Last year, police detected 10859 people in possession of cannabis. And how many cannabis suppliers? 846. That is a ratio of 13 to 1. And almost all cannabis suppliers caught are only small fish. For this region, the ratio is higher: 1130 cannabis possession offences compared to 77 cannabis dealing offences, a ratio of almost 15 to 1. My guess is that sniffer dog policing will significantly increase the ratio, both locally and statewide.

Drug policing based on random mass searches could only be justified if the possession of small quantities of cannabis is made legal. That would at least make police claims of "targeting" less hollow. Or even if the cannabis cautioning scheme was extended to allow police to caution people with prior possession offences, or those found with a few plants. Or if the Government moved more quickly to act on its Expert Working Party Report recommending the legal use of cannabis by people with genuine medical needs, or their carers. The Report was tabled in August 2000, unanimously supporting change.

The Report has attracted much support and no criticisms that I have seen. Bob Carr says he is in favour. But there is still no action to actually implement its recommendations. We have justifiably considered it as our ordinary right to not have to prove our innocence to the police while we are going about our daily business of going to the shops or visiting friends. That has now changed. Some locals are very hostile to cannabis use, and they are vigorous and effective campaigners. Recent claims that this view is held by the "silent majority" cannot be really tested (although a petition of 250 Byron Bay residents in favour of sniffer dogs seems unconvincing compared to the Good Friday rally of 1000 plus against the dogs.)

The more important issue is about tolerance. Most of us are not homosexual, or Aboriginal, or disabled. But we all (or most of us) support the right of minorities to enjoy equal rights and to live free of harassment. Whether we smoke cannabis, or drink beer, or smoke tobacco, or take ecstasy, or use no drugs at all, should be matter for individual adult choice, with appropriate health and education measures in place to address problematic use. All of us should support moving away from punishing people for using drugs.

Steve Bolt Solicitor Northern Rivers Community Legal Centre