Nimbin HEMP Embassy

Discretionary Powers for Police

 

Giving police some discretion will help them. It will make community policing workable again for many people.Alienation of our youth is equal to the alienation of our police force from their communities. Discretionary powers will begin to heal the differences between the police and the community. At least 50% of drug-related arrests could be dealt with outside the court system. Local police have expressed to us, and we agree, that we would all be better served by separating personal cannabis use from the legal system. This also distances cannabis from harder and more dangerous drugs.

When questioned about discretion, there is only one answer from police: they are all terrified of the "Integrity Police", set up after the Wood Royal Commission. As it stands now, police are obliged to prosecute personal cannabis use or risk charges of negligence or corruption. We have seen this cause genuine stress in police, especially in situations where police can see they should be taking someone to a hospital or a social worker rather than the lockup.

In Nimbin, where a large percentage of the community use illegal drugs, community policing has been extremely difficult work and we need it, particularly because we attract lost souls who find acceptance in our tolerant village. There are many people in Nimbin who come straight from jail or are sent by welfare from their communities who can’t accept them. We are the last bus stop! Giving police some discretion will go a long way to helping their work in the community.

Half of police time is taken up with paperwork, court appearances, etc, relating to minor drug offenses, with the "criminal" usually being back on the street before the police are.

A little bit of care will go a long way to healing the mistrust and fear of police that has developed under ProhibitionAs you can imagine, many home invasions, ripoffs, beatings and "real crime" related to the cannabis black market go unreported to police. Although no one has ever died from cannabis use, there are plenty who have died due to the laws! Regulation of cannabis availability would remove the publics fears to talk more openly about all issues related to cannabis use.

Individual communities need to decide, with police consultation, what is acceptable in their own communities. As with alcohol and tobacco, drug-free zones need to be defined.

Giving Police some discretion in their dealings allows them to give an advisory brochure or rehab referral instead of a criminal charge to homeless people or obvious health cases. If there must be one, a nominal fine would be far more appropriate than unrealistically high fines which end up in court anyway, as is the recent South Australian experience. Far better to treat personal use as a health issue rather than an alienating fine.

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