Modern Australian
The Times

ACT cannabis laws come into effect on Friday, but they may not be what you hoped for

  • Written by Stephen Bright, Senior Lecturer of Addiction, Edith Cowan University

New cannabis cultivation and possession laws come into effect in the Australian Capital Territory (ACT) on Friday, January 31. But they’re not what most cannabis enthusiasts would be hoping for.

The ACT laws are a good first step, but they contradict federal laws that make cultivation and possession of cannabis a criminal offence. And it’s not clear whether these federal laws will continue to be enforced in the ACT.

The new laws also do little to regulate the supply of cannabis or its seeds. Instead, cannabis legislation and regulation should be approached in a similar way to alcohol and tobacco.

Read more: Most Australians support decriminalising cannabis, but our laws lag behind

What do the ACT laws allow?

The new laws will allow territory residents aged 18 or older to grow cannabis plants at home. There will be a limit of two plants per person and four per household. And each person will be allowed to be in possession of no more than 50 grams of dried cannabis.

Cannabis plants can only be cultivated on private properties. And only by people who usually live there.

Read more: Home grown cannabis to be legal in the ACT. Now what?

These laws won’t impact criminal offences for the large-scale cultivation of cannabis, or the supply of cannabis or cannabis seeds.

The commercial sale of cannabis via retail outlets or coffee shops will also remain prohibited.

However, the laws prompt the obvious question: if people are growing cannabis plants, where are they getting the seeds?

Although a person would not be prosecuted for possession or cultivation of a cannabis plant under the new ACT laws, the person providing the seeds or plants would be committing an offence.

What about the federal laws?

Considerable uncertainty still exists over potential conflicts between these fresh ACT laws and federal laws that criminalise the possession of cannabis.

Under the federal Criminal Code Act 1995, it’s an offence to possess a controlled drug. This can carry a penalty of two years imprisonment.

ACT cannabis laws come into effect on Friday, but they may not be what you hoped for It’s unclear whether people who grow and use cannabis are at risk. PRO Stock Professional/Shutterstock

Attorney-General Christian Porter MP has publicly stated the federal offences will still have full effect in the ACT. As such, the Attorney-General’s office expects ACT police to enforce the federal criminal laws after January 31.

This will result in a bizarre situation where people growing plants at home in the ACT could be breaking federal laws despite being allowed to under local laws.

It’s hard to say how ACT Police will respond to people who use cannabis. The situation will require leadership within the ranks of law enforcement to decide the appropriate response.

The evidence supports decriminalisation

In most of Australia, the possession of cannabis is still a criminal offence. Given 34.8% of Australians aged over 14 have smoked cannabis at least once, many Australians have broken the law.

The economic costs to the justice system involved in prosecuting cannabis offences are considerable, even when diversion schemes are in place.

Diversion schemes typically require people caught with small amounts of cannabis to attend education or drug counselling. These schemes appear cost-effective when compared to imprisonment.

Read more: Australia's recreational drug policies aren't working, so what are the options for reform?

Research suggests prosecuting people for possession of small quantities of cannabis might actually be more harmful than the drug itself, leading to unemployment, relationships issues, and further problems with the law.

Criminalisation also creates a barrier to people seeking drug treatment and provides considerable profits for organised crime.

A step in the right direction

The ACT is leading Australia in progressive drug policy reform; the introduction of this law is another step in the right direction.

However, good laws should be unambiguous and clarify the inconsistencies with the federal law. They should also clarify the legal mechanisms for supply.

Read more: A new approach to drug reform: regulated supply of cannabis and ecstasy

A variety of cannabis legalisation models exist overseas, ranging from commercial retail sale and cultivation, to small scale sanctioned cannabis social clubs, which operate in some parts of Spain and the Netherlands. These clubs are not-for-profit collectives where cannabis can be grown and used.

Canada and many states in the US have adopted a commercial retail model, where people can buy cannabis at a local store, similar to alcohol or tobacco. Australia should follow these countries in regulating cannabis in a similar way to how we regulate alcohol and tobacco.

Authors: Stephen Bright, Senior Lecturer of Addiction, Edith Cowan University

Read more http://theconversation.com/act-cannabis-laws-come-into-effect-on-friday-but-they-may-not-be-what-you-hoped-for-130050

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...

Important Things To Know Before Starting An SMSF Setup

Planning for retirement requires careful financial decisions, and many Australians are now looking for more direct control over how their superannua...

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...

Simple Ways to Make a Commercial Property More Appealing to Buyers

Selling or leasing a commercial property isn’t just about listing the square metres, taking a few photos and waiting for the right person to appea...

What Café Owners Should Know Before Upgrading Their Display Setup

A café display fridge does a lot more than keep cakes cold and sandwiches fresh. It quietly shapes the way customers browse, the way staff move beh...

Creating a Backyard That Feels Comfortable All Year Round

A great backyard doesn’t need to be huge, expensive or perfectly styled. Most of the time, the spaces people actually use are the ones that feel e...

How Homeowners Can Make Smarter Energy Decisions Before Upgrading

Energy upgrades used to feel like something you only looked into after a power bill gave you a nasty surprise. These days, though, more homeowners a...

Why Retail CX Breaks During Peak Sales Events and How to Prevent It

Retail customer experience has become one of the most important drivers of revenue growth, especially during high-intensity sales periods. However, ev...

15 South Indian Dishes Everyone Should Try

If your only experience of "Indian food" is butter chicken and garlic naan, South Indian cuisine is going to feel like discovering an entirely new c...

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...

Organisational Experts Share Their Tips for Achieving a Clutter-Free Kitchen

They say the kitchen is the heart of a house which means a clutter-free kitchen not only makes your home in general look nicer, it also makes cookin...