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Infringement Versus Conviction: The Social Impact of a Minor Cannabis Offence in South Australia and Western Australia

NCJ Number
185719
Journal
Drug and Alcohol Review Volume: 19 Issue: 3 Dated: September 2000 Pages: 257-264
Author(s)
Simon Lenton; Rachel Humeniuk; Penny Heale; Paul Christie
Date Published
September 2000
Length
8 pages
Annotation
This study compared two groups of drug offenders in South Australia and Western Australia to compare the social impacts of criminal convictions and civil penalties as alternative sanctions for marijuana offenses.
Abstract
The research gathered information through interviews with 136 offenders 10 years following the imposition of the sanctions. The questionnaires used both structured quantitative components and semi-structured qualitative components. The offenses involved marijuana possession and use. The 68 South Australian participants received an infringement notice called a Cannabis Expiation Notice (CEN) and avoided a criminal conviction by paying a fine; the 68 Western Australian participants received convictions for a minor marijuana offense. Results revealed that the majority of both groups regarded themselves as largely law-abiding, had respect for the law in general, and had positive attitudes toward marijuana. However, more of the convicted group than the CEN group reported negative employment consequences (32 percent versus 2 percent), further problems with the law (32 percent versus 0 percent), negative relationship consequences (20 percent versus 5 percent), and housing consequences (16 percent versus 0 percent) as a result of their apprehension. Neither conviction nor infringement notices deterred subsequent marijuana use for the vast majority, but the negative social impacts of conviction were far greater than those resulting from an infringement notice. Findings indicated that the criminal penalties were more likely than civil penalties to contribute to problems in relationships, work, and housing. Findings also suggested that a strict prohibition of marijuana is no better at deterring its use among those apprehended by the law than in a civil penalties model. Tables and 14 references