Australian Capital Territory likely to legalize recreational cannabis within the year

The Australian Capital Territory (A.C.T), the region around Canberra, is likely to legalize recreational cannabis within the year. Labor Party MP Michael Pettersson introduced a draft law at the end of 2018. It has the support of the majority in the Legislative Assembly (the Labor Party and the Greens) and is therefore likely to be approved. It is currently being debated and amended, as it contains a number of limitations and contradictions.

The proposal and its shortcomings

At present, it is illegal in the A.C.T., as elsewhere in Australia, to possess or consume any amount of cannabis for recreational purposes. However, minor offences (under 50 grams) are generally not prosecuted. Pettersson's bill proposes to amend the definition of a cannabis offence in the ‘Drugs of Dependence Act 1989‘ to legalize possession of less than 50 grams and 4 feet of cannabis per person.

No legal supply

The proposed law, introduced last year, will be debated during the parliamentary session this February. It is likely to be the subject of lengthy debate and numerous amendments to address its inconsistencies. The main problem concerns supply: possession would be legal, but the sale and purchase of cannabis would not. Thus, the only way to obtain cannabis would be to grow it yourself, but here again, you need to obtain seeds or cuttings beforehand, and there are no legal channels for this.

As the Greens leader points out, Shane Rattenbury: «The proposal as it stands provides no legal route for the supply of plants or seeds. We definitely see this as a problem because it implies that people are still relying on the black market to access cannabis plants or products. The proposal accepts that the black market is the premise of the entire system - it does nothing to create a legal supply of cannabis.».

For his part, Petterson is confident that this dependence will only be temporary, and also mentions the possibility of cooperative production along the lines of the cannabis social clubs. On the other hand, the establishment of a commercial system seems impossible, for the time being, due to Australia's federal laws: «although there are a number of things we believe can be improved in the current proposal, it is unfortunately unlikely that the A.C.T. will be in a position to legalize the supply of cannabis without federal government approval,» explains Mr. Rattenburry.

Quantity limits

Quantity limits also pose a problem, as the cultivation of 4 plants can easily result in a harvest of more than 50 grams. To avoid this, the proposal states that only outdoor cultivation in natural light should be allowed, but the Greens have pointed out that climatic conditions in the A.C.T. do not allow this most of the time. The party intends to amend the proposal to allow hydroponics and artificial light.

The party also sees this legalization as an opportunity to improve the situation of the sick: «A change to the A.C.T.'s cannabis laws could also allow patients suffering from serious illnesses to have easier access to cannabis for medical use than under the current medical cannabis program, which remains extremely restrictive and "unacceptable". difficult to access »says Mr Rattenbury. Finally, the Greens want a council of experts on the issue to assist the government and introduce new targets on harm reduction and addiction treatment.

The future of this proposal