News · Criminal law explainer
The cannabis cautioning scheme in NSW.
Not every person found with a small amount of cannabis is charged. New South Wales police have a scheme that lets them give a caution instead. This note explains how the cannabis cautioning scheme works, who is eligible, the limit on cautions, and why a caution is a much better outcome than a charge.
By Aaron Kernaghan · Published 3 September 2026
The cannabis cautioning scheme lets NSW police give a formal caution, instead of laying a charge, to an adult found with a small amount of dried cannabis for personal use, up to 30 grams. A person can receive a maximum of two cautions. A caution is not a conviction and does not give you a criminal record. Police have a discretion, so a caution is not guaranteed.
What is the cannabis cautioning scheme?
The cannabis cautioning scheme gives police a discretion to formally caution an adult found using, or in possession of, a small amount of dried cannabis for personal use, rather than charging them. The caution is a formal warning, recorded by police, and it comes with information about cannabis and a contact line for help.
The scheme is aimed at low-level personal cannabis use. It diverts a person away from court, avoiding the consequences of a charge for a minor matter.
Who is eligible?
The scheme applies to adults found with not more than a small quantity of dried cannabis, up to 30 grams, and any equipment for using cannabis, for personal use. The person must admit the offence, and it must not be connected with other offences that take it out of the scheme, such as supply.
Eligibility also depends on the person's history. A person with certain prior convictions, or who has already received the maximum number of cautions, may not be eligible.
How many cautions can you get?
A person can receive a maximum of two cannabis cautions. A first caution comes with information and a contact line. A second caution may involve a requirement to contact the cannabis caution line for a more intensive session. After two cautions, a further cannabis offence will generally result in a charge.
So the scheme is a limited second chance, not an open-ended one. It is designed to divert genuine low-level use, not to excuse repeated offending.
Why a caution is better than a charge
A caution is not a conviction and does not create a criminal record. It keeps a minor cannabis matter out of court entirely, avoiding a charge, a possible conviction, and the consequences for work and travel that can follow. For a small amount of cannabis, a caution is a very good outcome.
This is why it matters whether police exercise the discretion. Being cautioned rather than charged can spare a person a great deal of trouble over a small quantity.
What if you are charged instead?
Police have a discretion, so a caution is not guaranteed even where a person appears eligible. If you are charged with possessing a prohibited drug rather than cautioned, there may still be options, including a section 10 to avoid a conviction, or the drug diversion options.
For other drugs, a different scheme, the early drug diversion initiative, may apply. Advice on which applies to your situation is worthwhile.
Frequently asked.
What is the cannabis cautioning scheme in NSW?
A scheme that lets police give a formal caution, instead of charging, an adult found with a small amount of dried cannabis, up to 30 grams, for personal use. A caution is not a conviction.
How many cannabis cautions can I get?
A maximum of two. A first caution comes with information and a contact line; a second may require contacting the cannabis caution line. After two, a further offence generally results in a charge.
Does a cannabis caution give me a criminal record?
No. A caution is not a conviction and does not create a criminal record. It keeps a minor cannabis matter out of court entirely.
Am I guaranteed a caution?
No. Police have a discretion, so a caution is not guaranteed even where you appear eligible. Eligibility also depends on the quantity, your admission, and your history.
What if I am charged instead of cautioned?
There may still be options, including a section 10 to avoid a conviction, or drug diversion. For drugs other than cannabis, the early drug diversion initiative may apply. Get advice on your situation.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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