Legalise cannabis in NSW? These MPs don’t think it’s a bad idea

NSW government MPs support an overhaul of the state’s cannabis laws which would ultimately lead to legalisation, finding the costs of criminalisation are “unreasonably high”.

A parliamentary report to be released on Thursday calls for a “staged approach” to reforming the regulatory apparatus for cannabis during the current term of parliament, including introduction of a medical defence for people driving with the drug in their system.

More than 1 million patients have accessed medicinal cannabis in Australia since 2016.Credit: Jason South

The recommendations come a day before the first of the Minns government’s four-day drug summit starts on Friday in Griffith, convened to consider the necessity of reform in NSW 25 years after former Labor premier Bob Carr’s first iteration sought solutions to Sydney’s heroin epidemic.

Chaired by Legalise Cannabis MLC Jeremy Buckingham, the premier and finance committee’s report included three government MPs and argued the current system inflicted significant social harms with “no corresponding … benefits”.

“The committee has been persuaded that the current penal approach to cannabis is unduly punitive,” Buckingham wrote.

“The data points unequivocally to the fact that ultimately complete legalisation of adult-use cannabis is the clearest and most effective option moving forward.”

Legalise Cannabis MLC Jeremy Buckingham chaired a committee inquiry considering the regulation of cannabis in NSW. Credit: Brook Mitchell

The committee included three government MLCs – Cameron Murphy, Stephen Lawrence and Sarah Kaine – two Liberals and four members of the crossbench, including Buckingham.

The Coalition members made a dissenting statement saying recommendations should not be made before the inquiry heard from all stakeholders, including NSW Police.

Buckingham acknowledged the committee’s views were at odds with NSW Premier Chris Minns, who despite advocating the legislation of cannabis as a shadow minister in 2019 declared last year his views had changed. In August, Minns doubled down, saying he would not change laws around criminalisation.

The committee believed this should not deter the government from pursuing an iterative policy that “that addresses the growing need for legal and regulated cannabis markets”.

Committee members who spoke on condition of anonymity due to the report’s confidentiality said they hoped it start a three-step reform process: relaxation, decriminalisation and legalisation.

With little government fanfare in the lead-up to the drug summit, MPs have become disillusioned about the prospects of achieving substantive outcomes.

Described by committee members as practical solutions, recommendations included drastically reducing the maximum penalty for possession of cannabis from two years’ imprisonment to three months or a fine.

It also called for a reconsideration of what constituted a “small quantity” and a “trafficable quantity”, while significantly lifting the threshold for police searches.

Those with medicinal cannabis prescriptions can be charged with driving under the influence if they are found with the drug in their system even if they show no impairment.

Under proposed reforms, police could rely on tests to determine whether they were impaired, including the person’s behaviour and manner of driving.

The final of the report’s 12 findings stated “that the criminal justice system related costs of cannabis criminalisation are unreasonably high”.

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