The Greens say legalising cannabis could net the government $28bn tax revenue in nine years, but there are a few hurdles
Canada, Uruguay … Australia?
The Greens are about to introduce legislation into the parliament to legalise cannabis across the nation.
Currently out for public consultation, the legislation, if passed, would allow for the regulation and sale of approved cannabis strains for recreational consumption in Australia, joining the handful of countries (and US states) that have already moved to legalise it.
Greens senator David Shoebridge plans to introduce the bill to the Senate once the party has taken on board the results of that consultation.
To get anywhere, the bill would need government support and Labor hasn’t yet given any indication it would throw its weight behind the legislation.
So what does and doesn’t the legalise cannabis bill allow? Is it even necessary? Will it be possible to visit an Australian cafe for a brownie or a bud?
What is the law now?
Growing, possessing, selling and/or using cannabis remains illegal in Australia, although the precise law varies from state to state (and territory). Below are the fines/sentences for possession/use of cannabis.
New South Wales: Maximum penalty of up to two years’ imprisonment and/or a fine up to $2,200 for possession/use.
Cannabis remains illegal, although police have discretion to issue a caution (up to two) or a diversion notice if someone is in possession of less than 15g for personal use.
Victoria: Similar to NSW: it remains illegal, but police have discretion to issue a caution (up to two) for anyone found with up to 50g for personal use.
Queensland: Maximum sentence of 15 years for possession. Police have discretion to give a caution/diversion notice to someone carrying up to 50g for personal use for a first offence.
Western Australia: Fines range from $2,000 to $20,000 and up to two years in prison. For possession up to 10g police can use discretion to order the person to a counselling session (one for adults, two for children).
South Australia: An adult can be fined if found to be in the possession/use of up to 100g (personal use) or growing one plant (without enhancement). Above “low level” possession, people can face fines of between $2,000 and $200,000 and between two and 25 years in jail.
Tasmania: Maximum penalty of $7,950 and/or two years in prison. Police have discretion for up to three cautions for possession under 50g.
Australian Capital Territory: As of January 2020, an adult can have up to 50g of dry material, 150g of wet material and cultivate up to two plants (for personal use). It remains illegal to buy, sell or gift cannabis, or smoke it in a public place. Drug driving laws still apply.
Northern Territory: Adults in possession of up to 50g or two plants (no enhancements) can be fined $200. Larger penalties and or jail apply to possession in a public place and cultivation in front of a child.
Medical cannabis with a prescription is available in Australia, but is heavily regulated by authorities and the Therapeutic Goods Administration (TGA).
What does the Greens bill propose?
The legalise cannabis bill would “provide for the registration of cannabis strains, the regulation of cannabis and the establishment of the Cannabis Australia National Agency”.
There would be a national cannabis licensing scheme, and a regulator, which would oversee small-scale commercial growing operations and sales. The regulator – the Cannabis Australia National Agency (Cana), would also act as the wholesaler between producers and retail outlets, setting the wholesale price.
Under the legislation, it would be legal to grow up to six plants at home, and to sell through licensed cannabis cafes and dispensaries. It would be similar to the Canadian model, where cannabis can be sold by both government-run dispensaries and licensed private sellers.
How would the Greens bill make cannabis legal?
It is a bit of a tricky one, because under the constitution, the states have responsibility for criminal law. But the Greens think that once cannabis was legalised federally, the commonwealth would have the power to create a national, legal cannabis market.
Using advice from constitutional lawyer, Prof Patrick Keyzer, the dean of law at the Thomas More Law School at the Australian Catholic University, the Greens think there is a workaround using federal law to protect plant breeders.
Source: TheGuardian
Image: Pexels
