Facing a drug charge in Western Australia doesn’t always mean a criminal conviction. Depending on the circumstances, you might be eligible for drug diversion programs, alternative legal pathways that focuses on treatment and education rather than punishment.
To determine your eligibility and if such a program is suited to you, it is recommended you consult a drug offence lawyer. They will help you understand you charges and pursue an appropriate course of action.
In this article, we explain what diversion programs are and how you can determine if you are eligible. If you would like to discuss a drug charge with a lawyer, you can contact our Perth office on (08) 9500 8915 or at [email protected].
What Are Drug Charges?
Drug charges are a broad category of criminal offences involving the unlawful handling of substances prohibited under Western Australian law. These offences don’t just relate to personal drug use. They can also cover how a substance was obtained, stored, shared or manufactured.
In WA, drug charges can arise from many types of conduct, including:
- Having illegal drugs in your possession
- Preparing or packaging drugs for distribution
- Being found with large quantities suggesting commercial activity
- Possessing drug-related equipment like scales or pipes
The severity of an offence is assessed based on the type of substance involved , the quantity and whether there is evidence of sale, supply or trafficking. More serious charges can carry heavy penalties including lengthy prison terms.
However, a lower level conviction may only lead to fines or mandated participation in a drug diversion program.
What Are Drug Diversion Programs?
Drug diversion programs are initiatives designed to redirect individuals charged with certain drug offences away from the traditional criminal justice process and into appropriate treatment or education programs. They are particularly relevant for lower level marijuana (or ‘weed’) charges.
These programs aim to address the underlying issues related to drug use, such as addiction, mental health and social disadvantage. By connecting individuals with treatment and education instead of punishment, diversion seeks to reduce the likelihood of reoffending and promote long-term behavioural change.
They also help ease the burden on the court system by resolving suitable cases outside the traditional sentencing process.
Types of Diversion Programs Available in WA
In Western Australia, there are several diversion programs available, including:
- Cannabis Intervention Requirement (CIR): For individuals aged 14 and over found in possession of up to 10 grams of cannabis or a smoking implement containing traces of cannabis. Participants must attend a Cannabis Intervention Session within 28 days to avoid prosecution.
- Other Drug Intervention Requirement (ODIR): For adults found in possession of small amounts of illicit drugs other than cannabis. Participants are required to attend three intervention sessions.
- Alcohol and Other Drug (AOD) Diversion Program: A voluntary court-based program available in most Magistrates Courts across WA. It’s designed for individuals with alcohol and/or other drug use problems who are willing to engage in treatment.
If you are subject to a drug charge, a criminal defence lawyer will be able to assist you in understanding these and other diversion programs.
Who is Eligible?
Eligibility criteria vary depending on the specific program:
- CIR: The accused must be 14 years or older and found in possession of up to 10 grams of cannabis or a related smoking implement. The offence must be minor and they must not have any prior convictions for similar offences.
- ODIR: This program is available to adults found with small quantities of illicit drugs (excluding cannabis). They must not have a significant criminal history or be involved in serious offences.
- AOD Diversion Program: Suitable for individuals appearing in court who have alcohol and/or other drug use problems. The accused must be willing to engage in treatment and the offence should not be of a serious nature (e.g., drug trafficking or violent crimes).
To gain a firm understanding of your eligibility for the whole range of diversion programs, it is essential to consult with a drug offence lawyer.
What Happens If You Don’t Complete the Program?
Failure to complete the required sessions within the stipulated timeframe could see the matter referred back to the court for prosecution.
However, if there are extenuating circumstances preventing the accused from completing the program (e.g. medical issues), they may apply for an extension. Supporting documentation will be required to substantiate that claim.
Enquire Today and Discuss Drug Charges with a Criminal Defence Lawyer
At Chambers Legal, we understand the complexities surrounding drug offences and the importance of exploring all available options. Our experienced criminal defence lawyers will assess your eligibiltiy for diversion programs, guide you through the application process and represent you during court proceedings.
If you have been charged with a drug offence and would like to speak with a lawyer, you can contact Chambers Legal on (08) 9500 8915 or at [email protected]. If you would prefer, we also offer free 15-minute phone consultations.