Page 4248 - Week 12 - Wednesday, 23 October 2019

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video

(d) the bill, as passed, has created a conflict that has actually resulted in the re-criminalisation of cannabis in the ACT; and

(2) calls on the ACT Government not to commence the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019.

As members would all be aware, we had a substantive debate in this place about cannabis over the past year or so that led to the passing of the Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018 during the past sitting period. This motion today is not intended to re-litigate the substantive elements of that debate but it is here to find a way forward through the legal minefield that that legislation has created.

Despite their attempts to legalise cannabis—by “theirs”, I mean the government and the Greens—what has actually been done, based on the advice of the commonwealth Attorney-General, is in effect to re-criminalise cannabis. Regardless of your views on whether cannabis should be legal or not, what was actually meant to be a step in the direction of what is called harm minimisation and treating cannabis as a health issue has actually turned out to be, based on that advice from the commonwealth Attorney-General, a giant leap backwards that means that possessing small amounts of cannabis now risks serious criminal sanctions, including jail.

We on this side did not support the substantive issue of legalising cannabis—and I think you are all aware of that—but equally we do not support people being prosecuted and jailed for possessing under 50 grams of cannabis, which now is most likely the case, based on advice from the federal Attorney-General.

I make it very clear, as well, that I, Mr Coe and other members of the opposition have not asked the federal government to intervene in these matters and we accept the right of the ACT to make its own laws. We disagree with the law that was passed but we accept and acknowledge the right of this Assembly to make that law. But in this case we must accept the reality of the situation and the law is the law. We must be responsible legislators and we must not commence a law that purports do one thing, and that is legalise cannabis, but in all likelihood does the exact opposite, which is to re-criminalise cannabis.

On Sunday the federal Attorney-General wrote to Mr Ramsay. He forwarded me and others a copy of that letter, and I will review what he said:

I note your view that the Act would engage section 313.1 and 313.2 of the Commonwealth Criminal Code and provide defences to the relevant Commonwealth offences. I am writing to advise that the Commonwealth’s view is that the approach taken in the Act has not engaged the defence available in section 313.1 of the code.

Consistent with the advice provided by my department to the ACT Government on 2 May 2019 and 23 September 2019, the Commonwealth’s view is that section 313.1 of the code requires a positive basis in the law to engage that

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video