police cannabis caution in nsw

What is a cannabis caution?

The cannabis caution scheme operates in NSW. As a result, you can receive a caution from police instead of being charged with drug possession.

Police can issue a person up to two cautions. The first caution will come with a notice which aims to provide education about the effects of cannabis use. The second notice requires a person to undergo a mandatory education program on cannabis use. 

However, the caution only relates to possession of cannabis, not supply. Therefore, a caution cannot be given even if the cannabis supplied was a small amount. Instead, police will issue a Court Attendance Notice for drug supply.

Am I able to receive a cannabis caution?

You can receive a cannabis caution if:

  1. The amount of cannabis in your possession is 15 grams or less; and
  2. You have not previously received more than one caution; and
  3. You have no prior convictions for drug related offences; and
  4. You do not have a criminal history relating to violent or sexual assault offences. 

However, the caution is discretionary. This means that police can decide whether or not to issue you with a caution, even if you fit into the categories outlined above. 

Do I need to attend court?

You do not need to attend court if you receive a caution,.  

However, if you are charged with possession of cannabis, you will be issued a Court Attendance Notice and will need to appear before a magistrate. 

Do cautions show up on criminal checks?

No, a cannabis caution will not show up in a routine criminal record check. However, this does not mean that it is not recorded. It will still appear on your criminal history held by police.

We can help 

Our lawyers are experts in defending drug charges, and in advocating for leniency during sentence proceedings. We’re committed to providing you with quality advice, and we will assist you to obtain the best possible outcome for your case. 

Contact us today on 0421 700 497 for a free initial consultation.