Viw Magazine

Men's Weekly

.

  • 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 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...

Decorating in Stages: A Smarter Way to Build a Home You Love

There is a lot of pressure to make a home look “finished” as quickly as possible. Between inspiration images, showroom displays and so...

Why Building Inspections Gippsland Are Essential for Property Buyers

Purchasing a home or investment property is an exciting milestone, but it also involves careful consideration and due diligence. One of the ...

Precision and Practicality: How Mini Excavators Support Modern Australian Projects

Lightweight, agile, and increasingly sophisticated, mini excavators have become a familiar presence across modern construction sites. Feat...

Choosing the Right Boat for Lakes and Rivers is About What’s Under the Water

Ready to hit the water and enjoy a boating lifestyle? Great! But not just any boat will do. You need to be equipped with the knowledge to ma...

How Fat Freezing Melbourne Treatments Help Reduce Stubborn Body Fat

Achieving a well-balanced body shape often requires regular exercise and healthy eating habits. However, many individuals still struggle w...

Why Childcare Cleaning Is Essential for Safe and Hygienic Early Learning Environments

Childcare centres provide important environments where young children learn, play, and develop social skills. Because these spaces are use...

Understanding Root Canal Treatment Melbourne And How It Saves Natural Teeth

Dental pain can disrupt daily life and make even simple activities uncomfortable. When tooth decay or infection reaches the inner part of ...

Why an NDIS Provider Plays a Vital Role in Supporting People With Disabilities

Access to the right support services can significantly improve the quality of life for people living with disabilities. Across Australia, ...

Key Terms in Commercial Leases Every Melbourne Business Should Understand

Signing a commercial lease is a significant commitment. However, many business owners focus on the rent figure and the lease term without ...

Why a Buyers Agent Adelaide Helps You Navigate the Property Market With Confidence

Buying property is one of the most significant financial decisions many people make. Whether purchasing a home to live in or investing in re...

What Makes a Successful Law Firm Website in 2026

In 2026, a law firm’s website is no longer just a digital brochure—it is one of the most important business development tools a legal ...

Why Every Modern Law Firm Needs a High-Performance Website

In today’s digital-first world, a law firm’s website is often the very first point of contact between a potential client and the legal p...

The Importance of Safe Sanitary Waste Disposal in Commercial Spaces

For facility managers, employers, and business owners, the provision of washroom amenities is more than a convenience—it is a critical int...

Why Brisbane Retailers Need Custom Security Solutions for Modern Retail Risks

A one-size-fits-all approach rarely works for something as nuanced and challenging as retail security. In Brisbane alone, there are differ...

Why Children Who Learn to Save Early Develop Stronger Financial Habits

The transition from understanding the value of a physical coin to managing a digital balance is a fundamental rite of passage for the next...

Planning Home Rewiring? Why Sydney Electricians Start with RCD Testing

It can be quite overwhelming thinking about rewiring your home. You may reside in a charming old terrace or even a modern townhouse; there...

Pour One Out: Cali by Snoop drops Kingz of Cali, the tribute wine honouring Tupac’s Legacy

The limited-edition wine celebrates 30 years since the release of Tupac and Snoop Dogg’s iconic track. Today, Cali By Snoop drops its mos...

Apartment Buyers Beware – Know Your Building Classification and Codes or Risk Big Fines

If you’re looking into buying a new apartment, you need to understand what classifications and codes apply to your potential new property...