ABSTRACT

This chapter focuses on the implementation debate and outcome of the Cannabis Infringement Notice (CIN) scheme as they specifically relate to cannabis cultivation. Making the cultivation of plants eligible for an infringement notice was a key strategy in attempting to shift the supply side of the cannabis market by moving cannabis supply away from more harmful large-scale, criminal suppliers to less risky small scale and self suppliers. The Cannabis Infringement Notice Scheme and other civil penalty schemes are examples of attempts to apply theory of marginal deterrence to regulation of cannabis in the community. The application of marginal deterrence principles to applying civil rather than criminal penalties to minor cannabis cultivation and use offences is consistent with a harm reduction approach. The question of whether both hydroponic and non-hydroponic cultivation of cannabis should be eligible for an infringement notice was an important one for the working party designing the CIN scheme.