Only 1 in 10 drug possession cases diverted in NSW under new drug diversion scheme

Links to Report Summary: 

• Who is being diverted from court under the NSW Early Drug Diversion Initiative (EDDI)

Release date: Monday:30 March 2026

Fewer than one in ten people caught in possession of Illicit drugs (excluding cannabis) are being diverted away from court under the NSW Early Drug Diversion Initiative (EDDI), according to new research from the NSW Bureau of Crime Statistics and Research (BOCSAR).

EDDI was rolled out statewide on 29 February 2024 with the aim to redirect people detected with small amounts of illicit drugs away from the criminal justice system and toward a health-based response. Under EDDI, eligible individuals can receive a $400 fine (by way of a Criminal Infringement Notice) instead of being charged and attending court. The fine is waived if the individual completes a voluntary telehealth intervention.

A new BOCSAR analysis of the first 13 months of EDDI shows that diversion has been used in only a small proportion of cases. Between February 2024 and March 2025, NSW Police took action against 11,751 people for non-cannabis drug use or possession offences, but just 9.3 per cent received a diversion under EDDI.

BOCSAR Executive Director Jackie Fitzgerald said the low diversion rate largely reflects the design of the scheme. “We found that almost three quarters of people detected with illicit drugs were not eligible for diversion under EDDI, most commonly because they had another offence at the same time or were carrying more than the small threshold amount”.

However, the analysis also found that diversion was uncommon even among those who met the eligibility criteria. “Only around one in five eligible people were diverted from court, highlighting the significant role police discretion plays in determining whether a Criminal Infringement Notice is issued for drug offences.”

Diversion was far more common in particular settings and for people with limited prior contact with the justice system. “Police were significantly more likely to divert eligible people with no prior criminal history, those detected with ecstasy or cocaine rather than methamphetamines, and people detected at music festivals.”

“While EDDI is intended to reduce court involvement for low-level drug offences, these findings suggest its reach has so far been limited. This matters because diversion offers an opportunity to reduce contact with the courts and minimise harm associated with acquiring a criminal record for minor drug offending. This is particularly important for groups such as Aboriginal people and those from disadvantaged backgrounds, who already experience disproportionate contact with the criminal justice system”.

For comment please contact:

Jackie Fitzgerald, Executive Director, NSW Bureau of Crime Statistics & Research.

Phone: +61 423 139 687
Email: jackie.fitzgerald@dcj.nsw.gov.au
Copies of the report: www.bocsar.nsw.gov.au