People caught with a small amount of illicit drugs including cocaine, heroin and methamphetamine will likely avoid a court date under new laws passed in Queensland.
A drug diversion program for cannabis that has existed in the Sunshine State for decades has been expanded to include the full spectrum of illegal drugs and some pharmaceuticals.
The laws passed on Thursday mean first-time offenders will be given a warning, and those caught a second or third time will be offered a diversionary program instead of a court notice.
Police Minister Mark Ryan said the shift in tactics from a police to a health response would bring the state into line with other Australian jurisdictions.
"According to police, diversion programs result in the majority of those individuals never having contact with police again," he told parliament on Wednesday.
Police could spend up to nine hours processing a minor drug offence through to court, and the person might not receive a health intervention, Mr Ryan said.
"This new expansion of the police drug diversion program will free up police time to focus on serious drug offending such as drug supply, trafficking and manufacturing while keeping people with a health issue out of the judicial system," he said.
Those caught with drugs under certain thresholds are eligible for diversionary action if a police officer reasonably believes the amount is for personal use.
Greens MP Michael Berkman warned the laws potentially enabled a child to be treated more harshly than an adult.
"While police will have to offer adults a warning or diversion, police will still be able to charge children in the first instance," he said.
"Fundamentally, police should not be able to charge a child for possession in circumstances when they couldn't charge an adult."
The Queensland government said "sufficient instruction" will be included in police training materials to reinforce provisions that ensure children are not treated more harshly.
A section of the Youth Justice Act "requires police to consider alternatives to proceeding against children", it said in response to a parliamentary committee report.
Mr Berkman also outlined concern with ineligible criteria, including previously serving time for serious drug offences or committing crimes such as burglary relating to possession.
"They will already face separate charges for those other offences, why should they also be punished for their drug use?" he told parliament on Thursday.
Liberal National police spokesman Dale Last said Queensland could be tough on crime while also offering diversion and harm minimisation strategies.
"The only people who benefit from drugs are criminals and quite often criminal networks who trade in human misery," he told parliament on Wednesday.
"I cannot, and will not, agree to reduce options to protect Queenslanders and Queensland communities from the ravages of drugs.
"For those reasons I cannot agree to the provisions within this bill relating to the expansion of the police drug diversion program, and I call on all members to do likewise."
The expansion of the drug diversion scheme is not the same as legalisation, and unlawful possession remains an offence.
