Caught With a Small Amount But Not Diverted: NSW’s Early Drug Diversion Initiative

If you searched for “drug possession lawyer Sydney”, “drug diversion lawyer Parramatta”, “cocaine possession lawyer Blacktown” or “cannabis possession lawyer Wollongong” because you or someone you care about was stopped with a small amount of drugs, this post is for you.

The NSW government introduced the Early Drug Diversion Initiative (EDDI) in February 2024 to keep minor possession cases out of court and steer people toward health help. But recent data show police are diverting just a tiny fraction of eligible people. Concerningly, First Nations people are being left behind.

At National Criminal Lawyers®, we are far too familiar with this phenomenon. We’ve represented numerous people charged with drug possession, when in reality, they have been eligible for the EDDI. If you want your best shot at drug diversion and the best advice for drug possession charges, give our award-winning lawyers a call.

What is the Early Drug Diversion Initiative (EDDI)?

EDDI lets NSW police issue a Criminal Infringement Notice (CIN), a $400 on-the-spot penalty, instead of charging eligible adults for possession of small quantities of prohibited drugs or drug-paraphernalia. Eligible people can pay the fine or speak to a health professional by phone as an alternative. The scheme was designed to reduce court backlogs and treat minor drug offending as a health issue rather than a criminal one.

EDDI sits alongside the longstanding Cannabis Cautioning Scheme but is broader in scope, covering a range of prohibited drugs and paraphernalia. Importantly, EDDI is discretionary, which means that officers rely on eligibility checks and the police Early Drug Diversion Initiative Standard Operating Procedures when deciding who is offered a CIN.

The shocking reality: diversion is being used in fewer than 7% of eligible cases

An exclusive analysis published in The Guardian found police diverted only 6.9% of people caught with personal-use quantities under EDDI and related reforms. In other words, more than 90% of eligible people were still criminalised, charged and pushed into the courts. The data revealed an even worse picture for Aboriginal and Torres Strait Islander people: only 2.6% of Indigenous people eligible for diversion received it.

Independent advocates and practitioners who obtained police data under freedom-of-information claim the same pattern: diversion is inconsistently applied and heavily reliant on local police leadership rather than a standardised health-first approach.

Why does this matter? Because missing diversion opportunities drives people into the criminal justice system, increases the chance of a recorded conviction, and perpetuates overrepresentation among Indigenous people, whose imprisonment rate in NSW remains alarmingly high. BOCSAR continues to report severe Aboriginal over-representation across custody and remand.

Why are so few people being diverted? The SOP, police discretion and operational reality

EDDI is an operational police initiative, not a statutory right. The NSW Police EDDI Standard Operating Procedures set eligibility rules (no outstanding warrants, not involved in other offending, not public nuisance etc.) and require officers to follow local guidance.

But the SOP also leaves a lot of judgment calls to officers on the ground. The outcome therefore depends heavily on:

• Where the stop occurred (festival, CBD, regional town)
• Which local command is policing the area and its local priorities
• Whether the officer takes the time to explain EDDI and the health referral option
• Officer comfort and training in offering diversion rather than charging

Independent evaluations and researchers warn that EDDI needs better monitoring, clearer eligibility boundaries, and automatic referral options to stop inconsistent results. UNSW’s policy explainer flagged the need for a stronger evaluation framework and better alignment between EDDI and the Cannabis Cautioning Scheme.

The human and legal cost of non-diversion

When police charge someone instead of diverting, the consequences can be serious and long lasting:

• Criminal record or court attendance notice → employment, housing and immigration impacts
• Pretrial stress and potential bail conditions or AVOs in complex matters
• Higher rates of remand for vulnerable people, particularly Indigenous defendants, who are already over-represented in custody.

Health-centred models reduce reoffending. The whole point of EDDI was to get people into health supports, but that only works when the pathway is actually used.

Legal context and related offences

If you are charged for possession, the usual charge is an offence under the Drug Misuse and Trafficking Act 1985 (NSW) (for example, possession and use offences) and penalties scale with type and quantity.

The key practical distinction in 2024–25 is whether police issued a CIN under EDDI or elected to commence court proceedings. If you received a CIN you have options under the program; if you received a Court Attendance Notice, you should get early legal advice.

For more information about what your drug offence might be, consider reading our informative and researched articles on:

• Drug Possession vs Supply Charges in Blacktown: What’s the Difference and Why It Matters
• Can You Be Charged for Having Drugs in a Shared House or Car?

What the data suggests about Indigenous justice and systemic bias

The FOI figures reported by The Guardian and advocacy groups show that Indigenous people are significantly less likely to receive diversion. This pattern replicates long-standing concerns in NSW: discretionary enforcement practices often produce unequal results in vulnerable communities. Changing a policy on paper is not enough; the institutional practice and local policing culture must change.

Recent developments you need to know

The NSW Government launched pill-testing trials and signalled broader harm-reduction measures at the 2024 Drug Summit, showing a policy shift toward public health in some areas. But diversion uptake remains low.

 Police have published the EDDI SOP and are reporting rollout to Local Area Commands, but evaluations and auditing mechanisms are still being developed.

Advocates and researchers continue to call for removing police discretion and implementing a mandatory diversion offer for all eligible detections, to remove local inconsistency.

What to do if you or someone you know was eligible for diversion but wasn’t diverted

1. Get evidence: record the date, time, location and patrol details of the stop. If you were charged but were eligible for EDDI, that fact can be relevant to negotiations and mitigation.
   
   
2. Ask about the process: if issued a CIN, don’t just pay it without exploring the health referral option. If charged, seek early legal advice, the differences in outcomes can be huge.
   
   
3. Early legal help matters: search for “drug possession lawyer Sydney”, “drug diversion lawyer Parramatta”, “cocaine possession lawyer Blacktown”, or “cannabis possession lawyer Wollongong” for local firms specialising in diversion and negotiation. Good criminal lawyers will check eligibility for diversion after the event and may negotiate with prosecutors based on unfair non-diversion.

Our view: reform must be practical, not just rhetorical

EDDI is a promising idea. But the data show a dangerous gap between policy intent and practice. When only 6.9% of eligible people are diverted and Indigenous rates are much lower, the result is a reinforcement of the exact injustices the policy aimed to reduce.

Policymakers should consider removing officer discretion for simple possession, establishing automatic diversion triggers, funding independent evaluation and investing in community-led health pathways.

Need advice now? Get tailored, local help

If you or a loved one was charged with possession of a prohibited drug or you were eligible for EDDI but not diverted, speak to a specialist criminal lawyer immediately. Searching for pages like “drug possession lawyer Sydney” or “drug diversion lawyer Parramatta” will connect you with lawyers experienced in diversion, negotiation and mitigation.

At National Criminal Lawyers®, we assist clients across Sydney, Parramatta, Blacktown, Penrith, Mt Druitt and Wollongong.

Call 1800 CRIM LAW for a confidential consultation about whether you should have been diverted, and how we can fix things now.