Aboriginal and Torres Strait Islander people face a significantly higher risk of arrest for cannabis possession in Victoria, while receiving cautions at a much lower rate than other alleged offenders, according to figures from the state's Crime Statistics Agency (CSA).
Legalise Cannabis Victoria MP David Ettershank put questions to corrections minister Anthony Carbines seeking a breakdown of cannabis possession arrests in 2020-2021, including how many of those arrested identified as Aboriginal or Torres Strait Islander (ATSI), and how many were offered a caution under the state's cannabis cautioning scheme.
In a written response, Carbines revealed that of 11,493 alleged offenders recorded in 2020, 35% (4,066) received a caution. Among the 826 who identified as ATSI, however, only 20% (168) were cautioned.
The pattern continued into subsequent years. In 2021, 32% of all alleged offenders were cautioned compared with just 21% of those who identified as ATSI. In 2022, the overall caution rate was 36%, while the rate for ATSI individuals was 25%.
Carbines added: "The Victorian Government knows that Aboriginal Victorians are overrepresented in the justice system. That is why our 2023-24 state budget provided A$5 million for the continuation of the Aboriginal Youth Cautioning program.
"Developed through engagement with Aboriginal communities, this program is an important initiative that aims to reduce the overrepresentation of Aboriginal young people in the youth justice system."
Legalise Cannabis Victoria's Regulation of Personal (Adult Use) of Cannabis Bill 2023, which would permit adults to grow up to six plants per household and possess up to 50 grams, is scheduled for debate on November 29.
Victorian Aboriginal Legal Service CEO Nerita Waight said: "Aboriginal and Torres Strait Islander people have historically been overpoliced in Victoria for minor offences like drug possession.
"The Police Commissioner apologised for this sort of racist policing at the Yoorrook Justice Commission earlier this year, yet we are still waiting for words to translate into action.
"When people have an issue with drug use… it should be dealt with as a health issue – not a criminal matter. Victoria has already learnt this lesson under the most tragic of circumstances.
"Victoria should engage in drug reforms that reduce discriminatory policing practices and increase health and community support for those that need it."
Ettershank added: "This is stigma and marginalisation in broad daylight. Arrests for cannabis possession have a profound effect on a person's ability to access housing, employment, education, finance and sadly, this becomes much worse if you're already marginalised because you identify as being Aboriginal or Torres Strait Islander.
"The government says it's committed to removing the systemic discrimination and hyper-incarceration of first nations people but it's clearly not working. Personal possession of a small amount of cannabis is a victimless crime – let's change this law."
