Fiji signs a drug rewrite separating personal use from supply

Fiji signed a drug-law rewrite on 2 October 2026 that separates personal use from supply and creates routes into diversion programmes. For cannabis plant material, the personal-use offence carries a maximum FJ$500 fine, three months in prison, or both, with custody restricted to specified circumstances. The signed law provides for commencement on dates appointed by the minister in the Gazette.

The government sought a wider response to drugs

Cabinet endorsed the bill in September, proposing a Counter Narcotics Bureau to lead prevention, detection, investigation and disruption of illicit drug activity. Its announcement also emphasised international cooperation, oversight, treatment and rehabilitation.

The rewrite was designed to replace the 2004 law and the older Dangerous Drugs Act. The 2004 legislation had applied the same maximum penalty to possession, growing, use and supply, leaving courts to develop more detailed sentencing guidelines.

Personal use received its own offence

The signed law places cannabis plant material in Class C. For personal acquisition, possession or use of a drug in that class, a court must avoid custody unless previous convictions or exceptional circumstances justify it.

The distinction between using and supplying also depends on evidence. At 28 g of cannabis plant material, or 100 cigarettes containing it, the law presumes a purpose beyond personal use unless the person proves otherwise. That presumption can be challenged.

Growing and supplying Class C drugs carry much higher maximum penalties: fifteen years in prison, a FJ$15 million fine, or both. Cannabis preparations such as resin and oil are listed separately in Class B, so the plant-material rules do not describe every cannabis product.

Diversion offered a route away from prosecution

The law allows designated bureau officers or prosecutors to consider diversion, meaning an agreed programme that addresses offending outside the ordinary prosecution route. The person must voluntarily acknowledge responsibility, have an opportunity for legal advice and consent to the plan.

Authorities must consider the seriousness of the offence, the person’s circumstances, public safety and the interests of justice. Completing a plan prevents further action for the covered offence and requires any related charge to be withdrawn. Failure to comply can bring prosecution.

Commencement governs the transition

The legislation gives the minister responsibility for appointing its commencement dates. It also includes transitional rules for older offences and proceedings.

That transition matters after years in which court guidelines shaped sentences under a broad criminal prohibition. The signed rewrite sets out a different statutory approach for users, growers and suppliers in Fiji, with its operation tied to the Gazette commencement process.^[1][2][3][4]