Drug Diversion in Western Australia: How Minor Drug Matters Can Stay Out of Court

Being caught with a small amount of drugs in Western Australia does not automatically mean a court appearance and a criminal record. For many first-time and low-level matters, the law offers diversion: a pathway that deals with drug use through education and treatment rather than prosecution.
Diversion is not guaranteed, and it is not available for every offence. Knowing how the different schemes work, and when they apply, can make a lasting difference to someone's employment, travel and future.

What Diversion Means

Diversion moves a person away from the traditional court process. Instead of being charged and sentenced, the person completes counselling or treatment. In WA, diversion happens at two levels: police diversion, which can stop a matter before it reaches court, and court diversion, which runs alongside a case that is already before a magistrate.

The Cannabis Intervention Requirement

The Cannabis Intervention Requirement, usually called a CIR, applies to people aged 14 or over who are found using or possessing up to 10 grams of cannabis, or with a smoking implement that has detectable traces of cannabis. It does not cover cultivating cannabis plants, or cannabis resin, hash oil and other derivatives, which are prosecuted through the courts.

A person given a CIR has 28 days to complete a Cannabis Intervention Session with a trained alcohol and drug counsellor, or to elect to have the matter heard in court. If the session is completed, no further action is taken and there is no criminal conviction. If the 28 days pass without either step, the matter is prosecuted.

Adults can receive only one CIR. Young people aged 14 to 17 can receive one on two separate occasions. After that, further minor cannabis offences go through the courts.

The Other Drug Intervention Requirement

The Other Drug Intervention Requirement, or ODIR, is the equivalent scheme for adults charged with simple drug offences involving drugs other than cannabis. It also covers cannabis resins, oils and synthetic cannabinoids, which fall outside the CIR.

An ODIR requires the person to complete three one-hour sessions with a trained alcohol and drug counsellor within 42 days. Like the CIR, it is available only once. A person who has already had a CIR can still be issued an ODIR, and the reverse also applies. If the sessions are not completed, the offence is prosecuted through the courts.

Police Diversion Is a Discretion, Not a Right

Police decide whether to offer a CIR or ODIR. Someone who meets the basic criteria may still be charged if, for example, police believe the drugs were intended for sale or supply, the person has already used their diversion opportunity or other offences are involved. Admissions made at the scene about where the drugs came from, or who they were for, can quickly take a matter outside diversion altogether.

Court Diversion Programs

Where a matter does reach court, diversion is still possible. Since 2021, the Magistrates Court has run the Alcohol and Other Drug Diversion Program, which replaced earlier programs including the Pre-sentence Opportunity Program and the Supervised Treatment Intervention Regime.

To be eligible, a person generally needs to plead guilty, acknowledge alcohol or drug use and be eligible for bail. The program is not available for drug trafficking, sexual offences or high-level violence, or where a mandatory prison term applies. It is aimed at matters that would otherwise attract a fine, a community-based order or an intensive supervision order.

If accepted, the case is adjourned for around 10 to 12 weeks while the person attends at least three counselling sessions. At the review hearing, a diversion officer reports on progress, and the magistrate must take the person's participation into account when deciding the penalty.

For people whose offending is driven by a significant drug problem, the Perth Drug Court offers a more intensive option. It operates out of the Magistrates Court in Perth and aims to break the cycle of substance use and offending through supervised treatment, with the goal of reducing imprisonment.

When Diversion Is Not Available

Diversion is designed for low-level matters. Larger quantities, evidence suggesting supply such as scales, cash or messages, and drugs found in quantities above the statutory thresholds can all lead to much more serious charges. In those cases, the focus shifts to testing the evidence, including whether the search that found the drugs was lawful.

Getting Advice Early

The right outcome often depends on decisions made in the first few days: whether to complete a diversion session or elect court, what to say to police and whether a court program is worth pursuing. Western Australian criminal defence firm Podmore Legal advises on drug charges from first contact with police through to court, and more information is available at https://podmorelegal.com/serious-criminal-offences/drug-offence-lawyers-perth/.

If you have been issued a CIR or ODIR, read the notice carefully, diarise the deadline and act on it. A missed deadline can turn a matter that would have ended quietly into a criminal charge.