Viw Magazine

Times Advertising


.

  • Written by Stephen Bright, Senior Lecturer of Addiction, Edith Cowan University
From January 31, ACT laws allow residents to cultivate and posses small quantities of cannabis. guruXOX/Shutterstock

New cannabis cultivation and possession laws come into effect in the Australian Capital Territory (ACT) on Friday, January 31. But they’re not what most cannabis enthusiasts would be hoping for.

The ACT laws are a good first step, but they contradict federal laws that make cultivation and possession of cannabis a criminal offence. And it’s not clear whether these federal laws will continue to be enforced in the ACT.

The new laws also do little to regulate the supply of cannabis or its seeds. Instead, cannabis legislation and regulation should be approached in a similar way to alcohol and tobacco.


Read more: Most Australians support decriminalising cannabis, but our laws lag behind


What do the ACT laws allow?

The new laws will allow territory residents aged 18 or older to grow cannabis plants at home. There will be a limit of two plants per person and four per household. And each person will be allowed to be in possession of no more than 50 grams of dried cannabis.

Cannabis plants can only be cultivated on private properties. And only by people who usually live there.


Read more: Home grown cannabis to be legal in the ACT. Now what?


These laws won’t impact criminal offences for the large-scale cultivation of cannabis, or the supply of cannabis or cannabis seeds.

The commercial sale of cannabis via retail outlets or coffee shops will also remain prohibited.

However, the laws prompt the obvious question: if people are growing cannabis plants, where are they getting the seeds?

Although a person would not be prosecuted for possession or cultivation of a cannabis plant under the new ACT laws, the person providing the seeds or plants would be committing an offence.

What about the federal laws?

Considerable uncertainty still exists over potential conflicts between these fresh ACT laws and federal laws that criminalise the possession of cannabis.

Under the federal Criminal Code Act 1995, it’s an offence to possess a controlled drug. This can carry a penalty of two years imprisonment.

It’s unclear whether people who grow and use cannabis are at risk. PRO Stock Professional/Shutterstock

Attorney-General Christian Porter MP has publicly stated the federal offences will still have full effect in the ACT. As such, the Attorney-General’s office expects ACT police to enforce the federal criminal laws after January 31.

This will result in a bizarre situation where people growing plants at home in the ACT could be breaking federal laws despite being allowed to under local laws.

It’s hard to say how ACT Police will respond to people who use cannabis. The situation will require leadership within the ranks of law enforcement to decide the appropriate response.

The evidence supports decriminalisation

In most of Australia, the possession of cannabis is still a criminal offence. Given 34.8% of Australians aged over 14 have smoked cannabis at least once, many Australians have broken the law.

The economic costs to the justice system involved in prosecuting cannabis offences are considerable, even when diversion schemes are in place.

Diversion schemes typically require people caught with small amounts of cannabis to attend education or drug counselling. These schemes appear cost-effective when compared to imprisonment.


Read more: Australia's recreational drug policies aren't working, so what are the options for reform?


Research suggests prosecuting people for possession of small quantities of cannabis might actually be more harmful than the drug itself, leading to unemployment, relationships issues, and further problems with the law.

Criminalisation also creates a barrier to people seeking drug treatment and provides considerable profits for organised crime.

A step in the right direction

The ACT is leading Australia in progressive drug policy reform; the introduction of this law is another step in the right direction.

However, good laws should be unambiguous and clarify the inconsistencies with the federal law. They should also clarify the legal mechanisms for supply.


Read more: A new approach to drug reform: regulated supply of cannabis and ecstasy


A variety of cannabis legalisation models exist overseas, ranging from commercial retail sale and cultivation, to small scale sanctioned cannabis social clubs, which operate in some parts of Spain and the Netherlands. These clubs are not-for-profit collectives where cannabis can be grown and used.

Canada and many states in the US have adopted a commercial retail model, where people can buy cannabis at a local store, similar to alcohol or tobacco. Australia should follow these countries in regulating cannabis in a similar way to how we regulate alcohol and tobacco.

The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

Authors: Stephen Bright, Senior Lecturer of Addiction, Edith Cowan University

Read more http://theconversation.com/act-cannabis-laws-come-into-effect-on-friday-but-they-may-not-be-what-you-hoped-for-130050

Why Choosing The Right Skin Clinic Is Essential For Healthy And Radiant Skin

Your skin is like a living canvas, constantly adapting to your environment, lifestyle, and age. It deserves more than random products and ...

Why Electric Sliding Doors Are Becoming A Standard In Modern Spaces

In today’s fast-moving world, convenience and efficiency shape how spaces are designed and used. This is where the electric sliding door s...

Employer Recruitment Agency: Building Strong Teams For Long-Term Business Success

Hiring today feels less like a straight road and more like a chessboard where every move matters. Businesses are no longer just filling em...

Why Car Removal Services Are The Easiest Way To Dispose Of Old Vehicles

Letting go of an old vehicle can feel like holding onto a relic that no longer serves its purpose. It sits there, quietly taking up space...

Why Automatic Gates Are Becoming A Must-Have For Modern Properties

Security and convenience have become top priorities for homeowners and businesses alike, and this is where automatic gates Melbourne are ...

Why Wisdom Teeth Extraction Is Important For Long-Term Oral Health

At some point, many people experience discomfort at the back of their mouth, often caused by emerging wisdom teeth. While these teeth were...

Why Freezer Hire Is A Smart Solution For Businesses And Events

When it comes to storing perishable goods, timing and temperature are everything. Whether it is a bustling event, a seasonal business surg...

Property Advisory Services Helping You Make Smarter Real Estate Decisions

Property decisions often carry a quiet weight, like choosing a path that shapes years ahead. Whether it’s buying, selling, or investing...

Why Your Kitchen Smells Bad Even After Cleaning (And What’s Causing It)

You’ve wiped the benches, taken the bins out, scrubbed the sink… and somehow, the smell is still there. It’s one of the most frustrat...

Pallet Lifecycle Management: Repair, Reuse, and Replacement Strategies

In the fast-paced world of logistics, a timber pallet is more than just a platform for goods; it is a critical asset that requires active ma...

The Overlooked Side of Transformation Stories: Life After Major Body Changes

Surgical Disclaimer: Any surgical or invasive procedure carries risks. Before proceeding, you should seek a second opinion from an appropr...

Fast Business Loans

Fast business loans are short-term financing options designed to help companies access cash quickly—often within days or even as soon as...

Why Ecommerce Web Design Is The Backbone Of Successful Online Businesses

In the digital marketplace, your website is often the first interaction customers have with your brand. A well-executed eCommerce web desi...

Australian startup beats Coca-Cola and PepsiCo as new beverage category gains global traction

East Forged wins 'Best Drink Innovation' at World Food Innovation Awards as demand surges Australian beverage company East Forged has bee...

Why Knowing Your Plumbing System Matters for Home Safety and Maintenance

Most of us use our plumbing every day without thinking about how it works. Clean water comes out of taps, wastewater goes down the drain a...

Must-Have Features in a Modern 2 Bed Caravan

The 2 bed caravan segment has evolved significantly in recent years, with modern layouts offering a level of comfort and functionality tha...

Why Tax Accountants Melbourne Help Individuals and Businesses Stay Compliant

Tax regulations can be complex and constantly evolving, making it challenging for individuals and businesses to manage their financial oblig...

Why Rainwater Tanks Are an Effective Solution for Sustainable Water Storage

Water conservation has become an increasingly important priority for households and businesses around the world. As populations grow and env...

Why Offroad Caravans Are the Ultimate Choice for Long-Distance Adventure Travel

Travelling long distances while maintaining comfort and independence is a goal for many adventure enthusiasts. Caravanning has become an inc...

Furnishing for Families Without Losing Style

Designing a family home can feel like a constant negotiation between practicality and aesthetics. On one hand, you want rooms that can han...