Terry O’Gorman, Bernard Bradley join cannabis debate
The staggering cost of police resources spent on marijuana possession annually has been revealed, as two high-profile lawyers weigh in on the age-old debate.
Sunshine Coast
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Two high-profile lawyers, including a Noosa criminal defence lawyer and Senate candidate, have weighed in on a statewide push to legalise marijuana after it was revealed an estimated $500m is spent on drug charges in Queensland each year.
It comes after the state government announced a review into roadside drug tests for medical cannabis users and the Queensland Law Society weighed in on a parliamentary inquiry on decriminalising certain public offences and the health and social welfare-based responses to them.
The Law Society suggested this should extend to decriminalising low-level drug offences, given it fell under the umbrella of health problems.
They said Queensland had fallen behind other jurisdictions on drug law reform and as a result, twice as many people continue to be jailed in Queensland than every other state and territory combined.
Canberra is the only city where marijuana is legal, after a landmark bill was passed in 2019.
The Queensland Law Society estimated $278m in police resources are spent on drug supply offences in Queensland each year, while an estimated $222m is spent on drug possession offences.
A further $48,300 per year was estimated to be spent on jailing convicted offenders.
Noosa Barrister Bernard Bradley, who recently ran as a senate candidate for the Australian Legalise Cannabis Party, said he felt the money could be better spent in “other areas”.
“Perhaps some of those savings could go towards diversion or rehabilitation if the drug use is becoming an issue,” he said.
But despite this, he applauded the state government after it was announced a review into roadside drug tests for medicinal cannabis users would be conducted.
It came after the party had campaigned for changes to the roadside drug tests for medicinal users, which Mr Bradley said were “too sensitive” and still detected THC well after the four-hour window.
“I have clients every week where I ask them … when they last used cannabis, and ninety-five per cent of the time it is well outside of the four hours,” he said.
“Until and unless they can come up with a more accurate roadside test … it just should not be an offence.”
He called the current drug driving laws “draconian”.
High-profile Brisbane criminal defence lawyer and leading civil libertarian Terry O’Gorman, who was representing defendants at Noosa Magistrates Court on September 13, agreed with Mr Bradley’s comments.
“Drug driving laws need to be revised so they have a direct cause and effect between it being in your system and at the same time having an intoxicating effect,” he said.
“A number of judges and magistrates throughout the country over the last 10 years have expressed considerable reservations about how unfair (it) is.
“Drink driving laws obviously use graded readings … it is time the drug driving laws be brought into the same area.”
Mr Bradley said he estimated, on average, 10 per cent of the daily Noosa Magistrates Court list was made up of people charged with drug driving.
Furthermore, he said there needed to be a “uniform approach” to marijuana laws around the country, such as permission to grow plants for personal use.
“It’s time we had a uniform approach that treats adults like adults,” he said.
The findings of the inquiry will be reported to the Queensland Legislative Assembly on October 31.
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