Legalising Cannabis Bill 2023 Explained

Short Title:Legalising Cannabis Bill 2023
Legislature:Parliament of Australia
Long Title:A Bill for an Act to provide for the registration of cannabis strains, the regulation of cannabis and the establishment of the Cannabis Australia National Agency, and for related purposes
Autocollapse Long Title:true
Territorial Extent:all states and territories within the Commonwealth of Australia
Considered By:In consideration by The Australian Senate
Introduced By:David Shoebridge (G)
Date Introduced:10 August 2023
Committee Responsible:Legal and Constitutional Affairs Legislation Committee
1St Reading:10 August 2023
Summary:A proposed law that would legalise the production, sale and use of cannabis for recreational purposes in Australia
Keywords:Cannabis
Status:pending second

The Legalising Cannabis Bill 2023 is a bill introduced to the Australian Senate on 10 August 2023, by Senator David Shoebridge,[1] a Senator for the Australian Greens from New South Wales (NSW). The bill is similar to state legislation introduced in the past as it aims to legalise the sale, production and use of recreational cannabis, however this would provide for legalisation at a federal level.[2] State and territory legislation introduced includes:

The bill's intent to legalise cannabis differs from cannabis' status in the Australian Capital Territory (ACT), with the bill's aim to fully legalise cannabis, including for recreational use. Commencing 31 January 2020, the ACT decriminalised the possession of up to 50g of 'dry' or 150g of 'wet' cannabis, so long as the person is over 18.[7] This is said[8] to encourage access to rehabilitation services "without fear of being put through the justice system".

A vote on the bill is set to be held in the Senate on 27 November 2024.[9]

Inquiries

On 10 May 2024, a senate inquiry; Legal and Constitutional Affairs Legislation Committee into the Legalising Cannabis Bill 2023 was held in Canberra to interpret the bill with input from professionals in the industry.[10] The committee heard various testimonies largely from three different organisations; Alcohol and Drug Foundation, National Drug Research Institute, as well as the COO and CEO of private medical cannabis company, Astrid Health. Astrid, which prides itself on being entirely female-run, has a large stake in the medicinal industry, and operates a dispensary and clinic in Victoria.[11]

Inquiries are closed and the reports have been made as of 31 May 2024.

Report

The senate admitted the report on 31 May 2024.

The report found that in order to build up the required bodies and health systems, large amounts of time and money would be needed. Senator Scarr also noted that there were no provisions in the bill to enable the government to establish other services that should come alongside it. He also said that there was minimal information in the bill regarding what would incentivise people to use the prospective legal market given that the illegal market cannabis would be cheaper. He referred to a survey wherein results found that if cannabis were legal, more than 1 million more Australians would partake in use of the drug. In conclusion, Scarr noted that the health risks of legalising cannabis are "potentially disastrous," and does not sanction the passing of the bill.[12]

Outcome: The committee recommends that the Senate not pass the bill.

PartySenatorStatePosition
LaborNita GreenQLDChair
LiberalPaul ScarrQLDDeputy Chair
LaborVarun GhoshWAMember
LaborHelen PolleyTASMember
LaborRaff CicconeVICFormer Member
LiberalAlex AnticNSWMember
GreensDavid ShoebridgeNSWMember, Introducer
One NationMalcolm RobertsQLDParticipator

Partisan views on cannabis legalisation in Australia

PartyViewsNotes
CoalitionAgainstConservative views, pro-medicinal use but against generalised legalisation.[13]
LaborAgainstPro-medicinal, but against recreational use.
GreensForPro-legalisation of cannabis completely, with regulatory bodies and monitoring.
LambieAgainstPro-medicinal, however they believe it is a doctor to patient matter, not a legislative one.
Legalise Cannabis AustraliaForSupports the legalisation of cannabis in Australia, including the legalisation of: possession, use, recreational sales, home growing and medical use.[14]
Libertarian PartyForIn favour of "the legalisation of use, cultivation, processing, possession, transport and sale of cannabis".[15]
One NationAgainstConservative views.
United AustraliaAgainstConservative views, want a standard for all drugs in the eyes of law.

Notes and References

  1. Web site: Legalise Cannabis . 2024-03-04 . Australian Greens . en.
  2. Web site: LEGALISING CANNABIS BILL 2023 Explanatory Memorandum . 2024-03-04 . www5.austlii.edu.au.
  3. Web site: Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 . 2024-05-07 . www.parliament.nsw.gov.au.
  4. Web site: Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 . 2024-05-07 . www.legislation.vic.gov.au.
  5. Web site: Legislation . South Australian . 2021-11-22 . LZ . 2024-05-07 . South Australian Legislation . en-AU.
  6. https://www.parliament.wa.gov.au/Parliament/Bills.nsf/2845072D811B5E8348258AE6000EEA23/$File/EM%2B-%2B152-1.pdf
  7. Web site: Treasury . ACT Government; PositionTitle=Director; SectionName=Corporate Management; Corporate=Chief Minister and . 2020-02-19 . Home . 2024-03-04 . Cannabis . en.
  8. How Australia's most radical cannabis laws are coping two years later ABC In-Depth . en . 2024-05-14 . www.youtube.com.
  9. Web site: Lane . Martin . 14 November 2024 . Federal parliament to vote on Greens adult-use bill . https://web.archive.org/web/20241115063602/https://www.cannabiz.com.au/federal-parliament-to-vote-on-greens-adult-use-bill/ . 15 November 2024 . 15 November 2024 . Cannabiz.
  10. Web site: corporateName=Commonwealth Parliament; address=Parliament House . Canberra . Public Hearings . 2024-05-14 . www.aph.gov.au . en-AU.
  11. Web site: Astrid . 2024-05-14 . Astrid . en-US.
  12. Web site: corporateName=Commonwealth Parliament; address=Parliament House . Canberra . Additional Comments by Senator Paul Scarr . 2024-06-13 . www.aph.gov.au . en-AU.
  13. Web site: What Do Australia's Political Parties Think About Cannabis? . 2024-03-04 . investingnews.com . en.
  14. Web site: PARTY POLICY . legalisecannabis.org.au . Legalise Cannabis Australia . 29 September 2024.
  15. Web site: Cannabis . libertarians.org.au . Libertarian Party (Australia) . 8 November 2024.