Frontline police have been left confused about how to enforce Canberra's incoming cannabis laws, after being wedged between governments warring over the controversial legislation, their union has warned.
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But the ACT's Chief Police Officer Ray Johnson says neither he or the respective ministers can tell individual officers how to enforce the law.
Australian Federal Police Association president Angela Smith said police officers in Canberra had been left in an awkward position by the legalisation of cannabis by the territory government last month.
The law, which comes into effect on January 31 next year, would allow adults to possess up to 50 grams of cannabis and grow two plants, with a total of four plants per household.
Even the United Nations has been brought into the scuffle, warning the legalisation breached the 1961 convention, which requires state parties to limit the use of narcotic drugs exclusively to medical and scientific purpose.
But if police do charge people for cannabis possession under Commonwealth law, it opens the way for a court challenge almost immediately, Ms Smith said.
"We are between a rock and a hard place," Ms Smith said.
Police had received no direction about how to deal with the conflict either.
Compounding the confusion is the fact that the Australian Federal Police were answerable to both the territory and federal ministers.
"He has two masters," Ms Smith said, of Chief Police Officer Johnson.
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There are also fears police could be targeted with vexatious complaints if they choose to enforce one law over the other, because of the increasingly political situation.
"Police are concerned if they don't do this right, they will be subject to code of conduct allegations," Ms Smith said.
"A direction from the Chief Police Officer would provide a measure of protection."
Chief Police Officer Johnson said such a direction was in the works, although it would still ultimately be up to the discretion of individual officers.
"We are sitting down now working out our internal processes and what advice I will provide members and understand that process. That's pretty much where we are at at the moment," Chief Police Officer Johnson said.
"We are in a phase of looking at the legislation and understanding it and how it might be applicable to our police officers. The question of Commonwealth law and its status is one that we're considering. On the face of it, on simple reading of the legislation commonwealth law for possession of cannabis still stands."
Chief Police Officer Johnson confirmed under the Australian Federal Police Act, the federal minister - in this case strident opponent of cannabis legalisation Peter Dutton - can issue a ministerial direction to the organisation.
Similarly, the ACT's police minister can also issue directions to the organisation.
However those directions cannot be about operational matters, Chief Police Officer Johnson said.
"Practically under the AFP act ... the federal minister has the authority to provide a ministerial direction and there is already ministerial direction in place. But the legislation requires that to be about the administration and general direction of the organisation. Again that direction can't provide operational direction. Likewise the ACT minister can issue directions and there is one in place as we speak about how the government expect police to do their work in broad policy and administrative direction setting," Chief Police Officer Johnson said.
"So it's possible the Commonwealth can provide directions but neither of them can be specific to normal activity and impinge on the individual police officer's discretion."
Asked whether the ACT had sought an agreement from police not to charge people under Commonwealth law, he said: "What I can say is not even I can tell a police officer to ignore the criminal law."
"Practically that option is not open to me. It's a fundamental principle of policing. That a police constable has an original authority and discretion to exercise that authority. Rightly others shouldn't and couldn't impinge upon that discretion," Chief Police Officer Johnson said.
While officers were asked not to target people as part of the two pill testing trials, Chief Police Officer Johnson said that had been possible as it was at a smaller, controlled venue.
That also didn't amount to an official direction, as "practically again we can't direct police officers to not arrest someone for possession of pills", he said.
"The way we dealt with that was to ask police officers not to approach or work within the health precinct unless they were called for emergencies," Chief Police Officer Johnson said.
"Our members are keen to work with government on their intent. the idea of harm minimisation is one that we support in principle."
