A. Sutton et E. Mcmillan, Criminal justice perspectives on South Australia's Cannabis Expiation Notice procedures, DRUG AL REV, 19(3), 2000, pp. 281-286
South Australia's Cannabis Expiation Notice (CEN) scheme, introduced in 198
7, enabled adults possessing, cultivating or using small amounts of cannabi
s in private to avoid formal prosecution and the possible conviction by pay
ing an expiation fee. The system attracted considerable criticism when firs
t introduced. Some in the criminal justice sector thought the approach woul
d prove unworkable. The paper summarizes a 1997 study of criminal justice a
ttitudes toward the CEN system. Data were collected from 50 people via one-
to-one interviews and focus-group discussions. Most respondents were from S
outh Australia Police, but members of the judiciary and representatives of
other government departments were also interviewed. Overall, this research
indicated that the criminal justice sector was satisfied with expiation and
saw no need to revert to prosecution of minor cannabis offenders. Drug Tas
k Force and other detectives were concerned, however, about the provision f
or up to 10 plants in cultivation being expiable. They produced evidence th
at individuals and groups were exploiting this provision in order to grow c
annabis commercially. Shortly after the research was completed, South Austr
alia's government closed the apparent loophole, by reducing the expiable nu
mber of plants to three. The authors argue that other approaches could also
have been adopted by policymakers, to undermine organized crime's grip ove
r cannabis production and distribution.