NCJ Number
185718
Journal
Drug and Alcohol Review Volume: 19 Issue: 3 Dated: September 2000 Pages: 251-256
Date Published
September 2000
Length
6 pages
Annotation
This paper examines data on minor marijuana offenses in South Australia during 1987-99, with emphasis on the period 1991-96 and on the issuance of Cannabis Expiation Notices (CEN) since the system’s inception in 1987.
Abstract
The CEN system allows detected adult offenders to avoid prosecution by paying an expiation fee within 30 or 60 days of receiving a CEN. Failure to pay expiation fees could lead to prosecution and the possibility of a conviction being recorded. This program has been described as prohibition with civil penalties rather than full decriminalization. Results of the analysis revealed that the number of minor marijuana offenses for which CENs have been issued has increased from 6,231 expiable offenses in the 1987-88 financial year to a peak of more than 18,000 offenses in 1996-97. This net-widening appears unrelated to the prevalence of marijuana use. In addition, the rate of expiation of issued CENs has remained below 50 percent. Most CENs that are not expiated lead to prosecution and conviction. Overall, about 46 percent of total CENs issued between 1991-92 and 1995-96 resulted in a conviction; convictions occurred for 90 percent of the CENs forwarded for prosecution. Findings suggested that this net-widening and the low rate of expiation may have resulted in more convictions than would have occurred without the system and that the low expiation rate maybe related to offenders’ difficulties in paying expiation fees. Recent changes in payment options have slightly increased the proportion of expiations; further education on the consequences of failure to expiate may improve the situation. Tables and 7 references