Three strikes and you're out - the new drug policy proposed in NSW

Before we dive in, it's important to remember that, at the moment, this proposed policy has just been flagged within the NSW Cabinet, and we only know about it because discussions were leaked.

There’s still a long way to go before something like this could become law.

Now, here’s what it would entail.

If you're caught with a "personal quantity" of drugs, you would be given a penalty infringement notice on the first, second and third occasion. For the fourth offence, criminal penalties kick in.

Where has all this come from?

The origins of this policy discussion in the NSW Cabinet is the 2018 Special Commission of Inquiry report into the social harms caused by crystal methamphetamine. The Commission passed on 109 recommendations to the Government, including a warning system for drug possession where an individual is caught with a "personal" quantity of a prohibited substance.

An argument for: pressure off the courts

As cited by the NSW Greens, the three-strike initiative would take a lot of pressure of local and district courts, who have a huge backlog of low level drug possession cases dominating their courts. The number of people appearing before court on drug possession charges has increased by 73% between 2010 and 2019.

An argument against: a step towards decriminalisation

For those against decriminalisation of recreational drugs, this is a step towards a mandated acceptance of drug use.

NSW Police Commissioner Mick Fuller stated that "using the word legislation with drugs gives drug a good name", and that the proposal should only relate to juvenile offenders.

"We will not be decriminalising drugs in NSW. I don't support it, my government will not be going down that path. And I can't be clearer than that."

NSW Premier Gladys Berejiklian, speaking on Thursday.