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Legalisation of limited cannabis possession, use and cultivation proposed

Legalise Cannabis Victoria has unveiled a bill to make it lawful for an adult to possess a small quantity of cannabis and regulate personal use.

On Wednesday 1 November, South-Eastern Metropolitan Legalise Cannabis Victoria MP Rachel Payne introduced the Regulation of Personal (Adult Use) of Cannabis Bill in the Legislative Council.

The bill would amend the Drugs, Poisons and Controlled Substances Act 1981 to make it lawful for an adult to possess a small quantity of cannabis (50 grams) or tetrahydrocannabinol (THC) for personal use, to make it lawful for an adult to use cannabis or tetrahydrocannabinol, to make it lawful for an adult to cultivate not more than six cannabis plants for personal use, and to permit an adult to give cannabis by way of a gift to another adult, and related changes.

The bill would also allow sharing between adults but would not allow people under 18 to access or be supplied with cannabis.

Ms Payne said the bill had the potential to reduce harm and law enforcement and justice system costs.

“We can take multimillion-dollar profits out of the hands of organised crime,” she said.

“We can stop the disproportionate negative impacts on Aboriginal and Torres Strait Islander Victorians and young people.

“We can turn the consequence of stigma on its head.”

According to Legalise Cannabis Victoria, more than one-third of Victorian adults have consumed cannabis in their lifetime, with more young people consuming cannabis than tobacco.

In Casey, in the year to June 2023, there were 986 drug use and possession offences recorded.

In 2015/2016, more than $1.7 billion was spend on cannabis-related law enforcement, including $1.1 billion on imprisonments, $475 million on police, $62 million on courts, $52 million on legal aid and prosecution and $25 million on community corrections.

Ms Payne said beyond the financial impact, the human cost of a drug conviction could be “devastating” to a young individual.

“Research shows that First Nations people, and others from socially disadvantaged groups, are at greater risk of harm from the criminalisation of cannabis.

“People sourcing cannabis through illicit markets may be exposed to violence and the true ‘gateway’ – the dealers who are giving them access to more dangerous drugs.

“There is a safer way of regulating cannabis, which is why leading economies around the world are moving to legalise cannabis consumption – letting adults be adults and grow and consume cannabis in the privacy of their own homes.”

The move would follow on from similar reforms in the Northern Territory and South Australia, which have decriminalised minor cannabis use and possession and now treat it as a civil matter and the Australian Capital Territory, which has legalised cannabis possession, use and cultivation.

Ms Payne said the move would allow the government to work towards better public health outcomes across the state.

“We already have a cannabis market; it just happens to be illicit and unregulated one that costs governments tens of millions in law enforcement and prohibition,” she said.

“Let’s pull the rug out from under the illicit market.

“Victoria can be a leader in cannabis regulation.”

The Legislative Council agreed to adjourn debate on the bill for two weeks.

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