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ACT cannabis law
The ACT law will allow those 18 years and over to possess up to 50g of cannabis and grow two plants. Photograph: Darren England/EPA
The ACT law will allow those 18 years and over to possess up to 50g of cannabis and grow two plants. Photograph: Darren England/EPA

'Evolution, not revolution': ACT cannabis users chilled about legalisation

This article is more than 4 years old

While some have concerns over the move – a first for Australia – the territory isn’t expecting things to change all that much

Chief minister Andrew Barr describes the Australian Capital Territory’s decision to legalise cannabis possession for personal use as an “evolution, not a revolution”.

That’s certainly the way Stephanie , a Canberra resident who has smoked cannabis for a year, sees it.

“I was under the impression it was already decriminalised,” Stephanie says, describing the current penalty regime – in which possession of less than 50g is punishable by a fine but may not result in a criminal record – as “less serious” than in other states.

But Stephanie says her mother is excited about the law change because “she was more worried about me getting caught with it, a motherly feeling that you’re taking a risk with it”.

“This change means a risk factor has been taken away.”

The ACT law, to take effect at the end of January, will allow residents 18 years and over to possess up to 50 grams and grow two plants, up to a total of four plants per household.

With the federal medicinal cannabis regime, introduced in 2016, still in its infancy, the ACT is ahead of the pack – one of only three jurisdictions where it is decriminalised, along with the Northern Territory and South Australia – and is now the first to legalise it.

Stephanie says “it’s important for people younger than me, who could have had their life ruined by something they did when they were younger and more silly”. But Stephanie, who works in construction, is still unwilling to give her real name because she could be subjected to drug testing at work.

In addition to employment penalties, there is also the added complication that possession is still an offence in the commonwealth criminal code, and nobody can say definitively that cannabis possession will be without risk.

The federal attorney general, Christian Porter, says the commonwealth offence may still apply and the Australian federal police – which polices both ACT and commonwealth law – is still considering the question.

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Even the commonwealth director of public prosecutions, Sarah McNaughton, appears confused – issuing one set of advice that commonwealth law provides a defence for people engaged in conduct “justified or excused” by a state or territory law – later withdrawn due to unspecified “legal complexities”.

Michael Pettersson, the Labor member of the ACT Legislative Assembly who moved the successful private member’s bill, says the ACT law was “meant to enact and empower” precisely the sort of justification and excuse contemplated in commonwealth law.

But there has been no detailed judicial consideration of the defence in commonwealth law and Porter says “the expectation would be commonwealth laws would be enforced” – meaning it may take a test case to prove the point. While the health minister, Greg Hunt, says the federal government has “no plans” to directly override the law, Porter hasn’t ruled it out.

Pettersson says it is rewarding to see the bill, first presented in November 2018, come to fruition because “it means if an adult is caught with a small amount of cannabis for their own use [they won’t] need to face criminal charge”.

He notes that although two thirds of people caught with cannabis received fines or were diverted into a health program, the other third did “go through some level of the criminal justice system”.

The law has its opponents – notably the ACT Liberals and the Morrison government.

On Friday, Hunt said although he will leave the legal side to Porter, he is “very concerned” about the health side of the new law.

“We know that the Royal College of Psychiatrists in the UK has directly linked marijuana use to psychiatric conditions such as schizophrenia,” he said.

Hunt said cannabis had a “very significant mental health risk”, citing the fact frequent users have double the likelihood of schizophrenia, and quadruple for those who started using it before the age of 15.

“I think the ACT has not taken these factors into account: one in four people in drug and alcohol rehabilitation in Australia have cannabis as one of the sources of their problems.”

The ACT shadow attorney general, Jeremy Hanson, warned during parliamentary debate that the law sends the wrong message, could increase use and the incidence of drug driving.

Pettersson dismisses the concerns. “This isn’t Colorado, we’re not opening up retail store dispensaries,” he says. “It doesn’t legalise the sale or supply of cannabis, it does not legalise drug driving and it does not legalise possession for children.”

“I think it’s a bit disingenuous to pretend that cannabis is a rare or hard to access substance … If someone wants to use cannabis right now chances are they can use it.”

Pettersson cites the fact one third of Australians have used cannabis in their lifetime and one in 10 have used cannabis in the last year.

Drug policy consultant Jarryd Bartle says the results of decriminalisation vary around the world under different models but “generally, decriminalisation of the possession and use of cannabis has no effect on the number of people using cannabis”.

“Importantly also, there is no increase and in some cases a decrease in the level of young people using cannabis in legalised jurisdictions,” he says.

Pettersson promises the ACT government will run a “large public health campaign” before the change takes effect.

“If someone has a problem with drug addiction they need to speak to a doctor and putting as few barriers to them accessing those health services as possible is a good thing.”

Stephanie says the law won’t change her and her housemate’s behaviour. “We’re not exactly going to go around and flaunt it.”

“People have been doing it for a while … so it really doesn’t make a difference; it’s just there’s less risk now.

“I don’t think they’re going to smoke more – you can’t go into a shop and buy it, it’s still hard to get. I personally don’t think it will encourage people to start smoking.”

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