Page 3821 - Week 11 - Wednesday, 25 September 2019
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These amendments include capping the number of plants that could be grown at a residence to four, as opposed to only having a cap on a per person basis. The number of plants an individual can grow has been reduced to two. Growing these plants in public spaces or in community gardens will not be allowed. Plants will have to be grown on a part of the property that cannot be accessed by the public; for example, a backyard. The plants will only be able to be cultivated by a person who is a legal resident of the property.
The amendments also clarify that the permitted 50 grams of cannabis refers to dry product, not freshly harvested plants. It would be an offence to knowingly consume cannabis in a way that would expose a person under the age of 18. This will ensure that minors are not being exposed to cannabis but will not criminalise accidental exposure. These changes have been made to ensure that this bill fits more consistently within commonwealth laws. Whilst this law is the first of its kind in Australia, I am confident that it works within federal law.
Legislating on drugs is not exclusively the role of the commonwealth. The commonwealth Criminal Code is not intended to operate to the exclusion of state and territory laws, except in relation to the exportation and importation of drugs. The commonwealth code further states that a person is not criminally responsible for an offence if subordinate legislation is expressly to the contrary effect. This operates as a complete defence. We are confident that the commonwealth code therefore permits inconsistent state and territory laws pertaining to cannabis. This is echoed by the current federal government, who have stated that this issue is a matter for the states. It is therefore within the purview of this place to legislate to legalise cannabis, and it is time for us to do so.
Madam Speaker, let me reiterate why this is such an important reform. It is a sensible, evidence-based approach to drug policy. This bill is about harm reduction, reducing ordinary people’s interaction with the criminal justice system. It is by now well established that the war on drugs is failed policy. Across the world, it has destroyed countless lives and decimated whole communities. It is based on flawed science and misinformation. It has not stopped drug use. It has not reduced drug use. As former Victoria Police Commissioner Ken Lay has stated, you can’t “arrest your way out of” this problem.” It is time we moved away from this harmful and punitive system. Let us lead Australia once again and follow other jurisdictions across the world who have made the step to legalise the personal use of cannabis.
Cannabis is the most commonly used illicit drug in Australia. Over one-third of Australians have used cannabis in their lifetime, and one in 10 people have used it in the last year. A huge portion of our population is therefore criminalised. Legalisation of cannabis for personal use is supported by 54 per cent of Canberrans, with only 27 per cent of Canberrans opposed to this change. Our community supports this progressive reform.
Currently, federal law enforcement spends over a billion dollars a year on drug law enforcement. Over 50 per cent of arrests in Australia are cannabis related, and 91 per cent of those were consumer arrests—in other words, small amounts purely for
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