14/05/2026

Lawyers in Victoria have welcomed a motion by Rachel Payne MP calling on the Victorian Government to enshrine Victoria Police’s Cannabis Cautioning Scheme in legislation.

“Taxpayer funds are wasted prosecuting people for low-level cannabis use, and police resources are wasted charging them,” said Greg Barns SC, spokesperson for the Australian Lawyers Alliance (ALA).

“We also know that Aboriginal and Torres Strait Islander peoples, young people and people experiencing homelessness are disproportionately affected by criminalisation and policing responses to cannabis use.

“Legislating a requirement for police to caution, rather than charge, people will help ensure a fairer and more consistent response across the community.

“Moving this policy out of a police manual and into legislation will also improve transparency and accountability in how the scheme is applied.”

Research in Australia shows growing community support for treating cannabis use as a health and social issue rather than a criminal matter. Every year, millions of dollars are spent prosecuting low-level drug offences, contributing to court backlogs and leaving many people — particularly young people — with criminal records that can affect employment, housing and education opportunities for life.

“It is clear that an approach focused primarily on law enforcement and punishment has not reduced cannabis use,” said Greg Barns SC.

“A fairer and more evidence-based approach would reduce unnecessary criminalisation while allowing police and courts to focus on more serious offending.”