Legalising Cannabis Bill 2023

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Legalising Cannabis Bill 2023
Parliament of Australia
  • 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
Territorial extentAll states and territories within the Commonwealth of Australia
Considered byIn consideration by The Australian Senate
Legislative history
Introduced by David Shoebridge (G)
Introduced10 August 2023
Committee responsibleLegal and Constitutional Affairs Legislation Committee
First reading 10 August 2023
Second reading 27 November 2024
Voting summary
  • 13 voted for
  • 24 voted against
Summary
A proposed law that would legalise the production, sale and use of cannabis by adults for recreational purposes in Australia
Keywords
Cannabis, legalisation
Status: Not passed

The Legalising Cannabis Bill 2023 was an unsuccessful 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 aimed to legalise the sale, production and use of recreational cannabis for those over 18-years-old, [2] however this would provide for legalisation at a federal level. [3] State and territory legislation introduced includes:

Contents

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. [8] This is said [9] to encourage access to rehabilitation services "without fear of being put through the justice system". [8]

A vote on the bill held in the Senate on 27 November 2024 failed, with both the Coalition and Labor voting against it. [10] Thirteen senators voted in favour of the bill, while twenty-four voted against it. [2]

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. [11] The committee heard various testimonies largely from three different organisations; Alcohol and Drug Foundation, National Drug Research Institute, as well as the COO (Kady Chemal) and CEO (Lisa Nguyen) of private medicinal cannabis company, Astrid Health. [11] 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. [12]

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. [13]

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

PartySenatorStatePosition
Labor Nita Green QLDChair
Liberal Paul Scarr QLDDeputy Chair
Labor Varun Ghosh WAMember
Labor Helen Polley TASMember
Labor Raff Ciccone VICFormer Member
Liberal Alex Antic NSWMember
Greens David Shoebridge NSWMember, Introducer
One Nation Malcolm Roberts QLDParticipator

Partisan views on cannabis legalisation in Australia

The Australian Greens are the only federal political party that hold seats that is officially pro-cannabis legalisation. [14]

The Legalise Cannabis Australia party, formerly the Help End Marijuana Prohibition (HEMP) party, as their name suggests, is a party whose main goal is to legalise the recreational use of cannabis. Legalise Cannabis Australia does not hold any seats in the Federal Parliament, however they retain seats in the upper houses of the Victorian, [15] New South Wales [16] and the West Australian legislative bodies, with a seat in the Parliament of Western Australia in the City of Rockingham. [17] [18]

PartyViewsNotes
Coalition AgainstConservative views, pro-medicinal use but against generalised legalisation. [14]
Labor AgainstPro-medicinal, but against recreational use. [14] [a]
Greens ForPro-legalisation of cannabis completely, with regulatory bodies and monitoring. [14]
Lambie AgainstPro-medicinal, however they believe it is a doctor to patient matter, not a legislative one. [14]
Legalise Cannabis Australia ForSupports the legalisation of cannabis in Australia, including the legalisation of: possession, use, recreational sales, home growing and medical use. [19]
Libertarian Party ForIn favour of "the legalisation of use, cultivation, processing, possession, transport and sale of cannabis". [20]
One Nation AgainstConservative views. [14]
United Australia AgainstConservative views, want a standard for all drugs in the eyes of law. [14]

Notes and references

  1. ↑ Federal Labor is generally viewed as against recreational legalisation. However, ACT Labor introduced the successful Bill to decriminalise cannabis in the ACT. The ACT Labor policy platform shows support for decriminalisation and vague support for commercial legalisation.
  1. ↑ "Legalise Cannabis". Australian Greens. Retrieved 4 March 2024.
  2. 1 2 De La Cruz, Gabrielle (29 November 2024). "Australian Senate Rejects Greens' Bill to Legalise Cannabis". MSN. Investing News Network. Retrieved 17 December 2024.
  3. ↑ "LEGALISING CANNABIS BILL 2023 Explanatory Memorandum". www5.austlii.edu.au. Retrieved 4 March 2024.
  4. ↑ "Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023". www.parliament.nsw.gov.au. Retrieved 7 May 2024.
  5. ↑ "Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023". www.legislation.vic.gov.au. Retrieved 7 May 2024.
  6. ↑ Legislation, South Australian (22 November 2021). "LZ". South Australian Legislation. Retrieved 7 May 2024.
  7. ↑ https://www.parliament.wa.gov.au/Parliament/Bills.nsf/2845072D811B5E8348258AE6000EEA23/$File/EM%2B-%2B152-1.pdf
  8. 1 2 Treasury, ACT Government; PositionTitle=Director; SectionName=Corporate Management; Corporate=Chief Minister and (19 February 2020). "Home". Cannabis. Retrieved 4 March 2024.{{cite web}}: CS1 maint: multiple names: authors list (link)
  9. ↑ How Australia's most radical cannabis laws are coping two years later | ABC In-Depth . Retrieved 14 May 2024– via www.youtube.com.
  10. ↑ Lane, Martin (14 November 2024). "Federal parliament to vote on Greens adult-use bill". Cannabiz. Archived from the original on 15 November 2024. Retrieved 15 November 2024.
  11. 1 2 corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Public Hearings". www.aph.gov.au. Retrieved 14 May 2024.{{cite web}}: CS1 maint: multiple names: authors list (link)
  12. ↑ "Astrid". Astrid. Retrieved 14 May 2024.
  13. ↑ corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Additional Comments by Senator Paul Scarr". www.aph.gov.au. Retrieved 13 June 2024.{{cite web}}: CS1 maint: multiple names: authors list (link)
  14. 1 2 3 4 5 6 7 "What Do Australia's Political Parties Think About Cannabis?". investingnews.com. Retrieved 4 March 2024.
  15. ↑ "Find a member | Parliament of Victoria". www.parliament.vic.gov.au. Retrieved 4 March 2024.
  16. ↑ "All Members". www.parliament.nsw.gov.au. Retrieved 4 March 2024.
  17. ↑ "Member List". www.parliament.wa.gov.au. Retrieved 4 March 2024.
  18. ↑ Rockingham City, Council (4 March 2024). "Council Members". Rockingham City. Retrieved 4 March 2024.
  19. ↑ "PARTY POLICY". legalisecannabis.org.au. Legalise Cannabis Australia. Retrieved 29 September 2024.
  20. ↑ "Cannabis". libertarians.org.au. Libertarian Party (Australia). Retrieved 8 November 2024.

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