Read The Times Australia

Daily Bulletin

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

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How fast can you charge an EV at home? Charger speeds explained

Ask new EV owners what worried them before buying and charging time comes up early. A petrol tank fi...

Crossing Several European Borders? How to Keep Your Phone Working the Whole Trip

A multi-country trip through Europe can cross three borders in a day. Take the coach from Split to...

Behind the Scenes: How Medicines Stay Safe Before They Reach Your Pharmacy

You pick up a prescription, glance at the label and pop the box in your bag without a second thought...

How Local Organisations Can Get Their Story Told in the Media

The local junior footy club raises enough money to send a team interstate. A community garden double...

Understanding the Compassionate Flexibility Built Into Religious Fasting Traditions

You've probably been aware of religious fasting as part of the cultural landscape, whether through...

The Rise of Australian-Made Spirits and What It Means for Local Drinkers

Not so long ago, ordering a local gin at the pub would earn you a blank look. Bottle shop shelves we...

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...