South Australia tables plans to legalize cannabis

A member of the Australian Green Party has reintroduced a bill proposing to legalize and regulate cannabis in South Australia. The Cannabis Legalisation Bill 2022, presented to the South Australian Legislative Council on May 18, calls for strict legalization and regulation of cannabis.

The law had originally been introduced in November 2021, but had to be reintroduced in the brand-new session of Parliament.

«When drafting this legislation, we looked at various forms of legalization and regulation that have been proposed or are now operational. While we have considered some international jurisdictions, such as Canada, the United States and the Netherlands, we have primarily considered proposed legislation in Australia, such as the decriminalization of cannabis, which is now law in the Australian Capital Territory and recent attempts in Victoria.

«Looking at international jurisdictions proved useful and provided guidance, as no Australian jurisdiction has yet fully legalized cannabis, but the differences between these countries resulted in obvious limitations,» explained Tammy Franks, the law's sponsor, in Stratcann at the end of last year.

«There's actually a lot of public support for cannabis legalization, but those who oppose it do so very loudly. I would say that stigma remains a significant barrier to cannabis legalization, but especially the outdated views of the two main parties we have here in South Australia (Labor and the Liberals) who, despite widespread public support, have both said they will not support the 2021 cannabis legalization bill. Stigma can be tackled through public campaigns and education about the (often exaggerated but very real) benefits and drawbacks of cannabis, safe consumption and what to do if you or someone else has an adverse reaction. The outdated views of the major parties will be much harder to overcome, but I hope that with this bill, broad public support and the growing body of research on cannabis, it will become increasingly difficult for the major parties to legitimately oppose cannabis legalization.»

«Drug prohibition isn't working and it's time for cannabis use in South Australia to be treated as a health care issue, not a criminal one that has seen some of the most vulnerable people in our communities criminalized when they should have been getting the health care they needed.»

Canadian-style legalization«

To oversee all aspects of the new regulations and the future cannabis industry, the bill calls for the creation of the South Australian Cannabis Agency. In addition to managing regulation, the agency would control all sales between producers and distributors, and monitor licensees.

The proposed legislation aims to create two distinct categories of license supervised by the agency: one for production and one for distribution.

The production license would allow all forms of commercial cultivation, seed importation, research and analytical testing, as well as processing, packaging and labeling of commercial cannabis products. Commercial growers would have production limits.

The cannabis distribution license would allow anyone over 18 to sell cannabis plants, seeds and products to the public in stores. It would also allow on-site consumption in a retail establishment under a special permit.

A micro-culture category for small-scale commercial cannabis production is also planned, although the details of this license category are not yet defined. Self-cultivation is also provided for, up to 6 plants per person.

Simultaneous ownership of a production and distribution license is not permitted. Obtaining a license is subject to a 550$ fee, which is then paid annually. Production licenses last up to five years, distribution licenses up to one year. Licenses are not transferable.

The agency, if created, will also set up an advisory board to develop strategies to, among other things, «prevent the over-commercialization of the cannabis industry or the domination of that industry by large-scale businesses», as well as possibly establishing limits on THC on certain products, and to «develop and promote strategies to reduce the harm caused by cannabis».