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
The Legalising Cannabis Bill 2023 was an unsuccessful bill introduced to the Australian Senate on 10 August 2023, by SenatorDavid 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:
Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023[4] introduced by Jeremy Buckingham (LCA) for NSW;
Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023[5] introduced by Rachel Payne (LCA) for Victoria; and
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.
Supports the legalisation of cannabis in Australia, including the legalisation of: possession, use, recreational sales, home growing and medical use.[19]
Conservative views, want a standard for all drugs in the eyes of law.[14]
Notes and references
^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.