Page 2074 - Week 08 - Wednesday, 9 September 1992
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We think, Madam Speaker, that that is right and appropriate. We think that that range from life imprisonment to a $100 fine is sound and sensible, and should remain. The amendments that we are moving retain those penalties. The difference, Madam Speaker, is that we are suggesting that Mr Moore's proposal for on-the-spot fines does make sense and ought to apply to the small personal use offences which since 1978, under a Liberal government, have been distinguished dramatically from other drug offences.
Mr Kaine: Yes, you want to soften the law on drugs. That is your approach.
MR CONNOLLY: It is pathetic, Madam Speaker. They are continuing with this hysteria. It is so embarrassing when their own party took such a different view only 18 months ago. That difference - - -
Mr Humphries: Your party has changed its view about pharmacies and methadone.
MADAM SPEAKER: Order! Could all remarks be addressed to the Chair or not made at all, please.
MR CONNOLLY: That difference, Madam Speaker - the introduction of the $100 penalty back in 1978 - from other penalties is dramatic. I will run through, for the education of members, the penalties in the ACT for cannabis offences. For the sale or supply of commercial quantities of cannabis or cannabis resin or cannabis oil there is a potential life imprisonment sentence. The Act makes a distinction as to what is a commercial quantity - a quite large quantity of cannabis, 100 kilograms; a much smaller quantity of cannabis oil, two kilograms; and an intermediate quantity of cannabis resin, 50 kilograms.
The next range of penalties, Madam Speaker, is for the sale or supply of a trafficable quantity of cannabis, which, under the current ACT law, is 100 grams - not kilograms - of cannabis; two grams - not kilograms - of cannabis oil; and 20 grams of cannabis resin. Under existing ACT law that attracts maximum fines of $20,000 and 10-year gaol terms. Selling or supplying a smaller amount of cannabis carries a fine of $5,000 or two years' gaol - unless the sale is to a person under 18, in which case the smaller quantity, the less than trafficable quantity, carries a penalty of $10,000 or five years' gaol.
So we can see that the law in the ACT for many years has distinguished between commercial quantities for sale, trafficable quantities for sale, sale generally of less than trafficable quantities, and sale to minors, which has always been regarded as a more serious offence than general sale. Those offences, Madam Speaker, in every case carry gaol terms, from a two-year maximum, for the possession of up to 100 grams, to life imprisonment - the strongest penalty known to the law. Compared with penalties of two years' gaol, $5,000 and up to life imprisonment, we have had, since 1978, the $100 penalty for possession of 25 grams or five plants. There has been a massive distinction in the way that the law has treated, for all that time, the possession of personal use quantities of marijuana and larger quantities of marijuana.
Madam Speaker, all that we are proposing to change is the method of enforcement of that $100 penalty. We are proposing that that be dealt with by way of an on-the-spot fine. What that will mean, Madam Speaker, is that persons who do continue to infringe the law - because, Mr Kaine, we are not legalising marijuana, if this amendment goes through - - -
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