Cannabis legalised for personal use in ACT in Australia-first
The Australian Capital Territory on Wednesday became the first state or territory in the country to legalise the possession of marijuana for personal use, prompting fears the laws could create a “headache” for NSW police by making it easier for criminal gangs to get the drug into Sydney.
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Canberra will soon be the nation’s cannabis capital with new laws legalising the drug for personal use in the privacy of residents’ homes.
The Australian Capital Territory on Wednesday became the first state or territory in the country to legalise the possession of marijuana for personal use, prompting fears the laws could create a “headache” for NSW police by making it easier for criminal gangs to get the drug into Sydney.
From January next year individuals in the ACT will be allowed to possess up to 50 grams of cannabis and grow up to two plants, with a limit of four per household.
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But weed-loving politicans won’t be able to take advantage of the legislation inside parliament house, as the law change applies only to private areas, not public ones.
The law was passed by ACT government MPs, not their federal counterparts. And it is not yet clear how the ACT government would deal with any potential conflicts with existing Commonwealth laws relating to illegal drugs.
ACT Police and the Canberra Liberals have raised serious concerns about the “ambiguity” and “tension” for police who retain the power to arrest and charge users for cannabis possession under Commonwealth law, which could see them face huge fines and even jail time.
ACT shadow attorney-general Jeremy Hanson said the new laws, which passed with the support of Labor and the Greens, were a “confusing shemozzle” and feared they would help supply Sydney’s market for weed.
“These plants can get very large and can be grown without any penalty.
“It would be very easy for three or four houses to grow four plants and for someone to come and collect those and take them down to Sydney overnight,” he said.
“This potentially could cause a real headache for NSW Police because if people are growing cannabis in significant quantity — which they can, four very large plants per house — a number of houses could combine to create, essentially, a grow crop that could then be marketed in NSW.”
ACT Attorney-General Gordon Ramsay said Commonwealth law allowed police and the courts to apply the laws of the state or territory: “The ACT’s legislation attempts to provide a clear and specific legal defence to an adult who possesses small amounts of cannabis in the ACT, but is prosecuted under Commonwealth law.”
But he conceded the government could not prevent a person being arrested and charged under federal law.
He said prohibition had not worked and these laws achieved harm minimisation in a “progressive way” without condoning or encouraging the use of cannabis.
ACT Labor backbencher Michael Pettersson, who introduced the bill, said legalising cannabis for personal use was an important step in the drug law reform campaign.
He said a total of 11 US states as well as Canada, South Africa and Uruguay have legalised cannabis, while New Zealand is expected to hold a referendum next year on the issue.
“Today, the ACT joins these progressive parts of the world in recognising the benefits brought by a harm minimisation approach and begins a new chapter in drug law reform in Australia,” Mr Pettersson said.
“I don’t think anyone should have their life ruined with a criminal conviction for possessing small amounts of cannabis.”
Mr Pettersson said the majority of Canberrans supported the legislation, citing research that 54 per cent of residents backed the proposal and only 27 per cent were against.
ACT chief police officer Ray Johnson previously warned the laws would make the territory “more attractive to organised crime groups as a place to grow cannabis for both internal and external markets” as well as removing the risk to “crop sitters” who grow weed for outlaw motorcycle gangs.
On Wednesday he said police would take the opportunity to consider the detail of the legislation, noting that the bill had only just been passed.
“ACT Policing will continue to work with government and partner agencies to address the implementation of the new legislative provisions for police, including the intersection with Commonwealth law,” he said.
A NSW Police spokesman said ACT legislation is a matter for the ACT government.
