Legalising Cannabis Bill 2023
{{short description|2023 bill introduced to the Australian Senate}}
{{Use Australian English|date=March 2024}}
{{DISPLAYTITLE:Legalising Cannabis Bill 2023}}{{Use dmy dates|date=May 2024}}
{{Infobox legislation
| short_title = Legalising Cannabis Bill 2023
| legislature = Parliament of Australia
| image =
| caption =
| 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
| 2nd_reading = 27 November 2024
| 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
| 2nd_reading_for = 13
| 2nd_reading_against = 24
}}
The Legalising Cannabis Bill 2023 was an unsuccessful bill introduced to the Australian Senate on 10 August 2023, by Senator David Shoebridge,{{Cite web |title=Legalise Cannabis |url=https://greens.org.au/legalise-it |access-date=2024-03-04 |website=Australian Greens |language=en}} 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,{{cite news |last= De La Cruz |first= Gabrielle |date= 29 November 2024 |title= Australian Senate Rejects Greens' Bill to Legalise Cannabis |url= https://www.msn.com/en-us/politics/government/australian-senate-rejects-greens-bill-to-legalise-cannabis/ar-AA1uWrig |work= MSN |publisher= Investing News Network |access-date= 17 December 2024}} however this would provide for legalisation at a federal level.{{Cite web |title=LEGALISING CANNABIS BILL 2023 Explanatory Memorandum |url=https://www5.austlii.edu.au/au/legis/cth/bill_em/lcb2023171/memo_0.html |access-date=2024-03-04 |website=www5.austlii.edu.au}} State and territory legislation introduced includes:
- Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023{{Cite web |title=Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 |url=https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18455#:~:text=An%20Act%20to%20amend%20the,to%20give%20the%20cannabis,%20by |access-date=2024-05-07 |website=www.parliament.nsw.gov.au}} introduced by Jeremy Buckingham (LCA) for NSW;
- Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023{{Cite web |title=Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 |url=https://www.legislation.vic.gov.au/bills/drugs-poisons-and-controlled-substances-amendment-regulation-personal-adult-use-cannabis-bill |access-date=2024-05-07 |website=www.legislation.vic.gov.au}} introduced by Rachel Payne (LCA) for Victoria; and
- Cannabis Legalisation Bill 2022{{Cite web |last=Legislation |first=South Australian |date=2021-11-22 |title=LZ |url=https://www.legislation.sa.gov.au/lz |access-date=2024-05-07 |website=South Australian Legislation |language=en-AU}} introduced by Tammy Franks (AG) for South Australia.
- Legalise Cannabis (Referendum) Bill 2024https://www.parliament.wa.gov.au/Parliament/Bills.nsf/2845072D811B5E8348258AE6000EEA23/$File/EM%2B-%2B152-1.pdf introduced by Brian Walker (LCA) for Western Australia
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.{{Cite web |last=Treasury |first=ACT Government; PositionTitle=Director; SectionName=Corporate Management; Corporate=Chief Minister and |date=2020-02-19 |title=Home |url=https://www.act.gov.au/cannabis/home |access-date=2024-03-04 |website=Cannabis |language=en}} This is said{{Cite AV media |url=https://www.youtube.com/watch?v=lceL_cB1szQ |title=How Australia's most radical cannabis laws are coping two years later {{!}} ABC In-Depth |language=en |access-date=2024-05-14 |via=www.youtube.com}} to encourage access to rehabilitation services "without fear of being put through the justice system".
A vote on the bill held in the Senate on 27 November 2024 failed, with both the Coalition and Labor voting against it.{{Cite web |last=Lane |first=Martin |date=14 November 2024 |title=Federal parliament to vote on Greens adult-use bill |url=https://www.cannabiz.com.au/federal-parliament-to-vote-on-greens-adult-use-bill/ |archive-url=https://web.archive.org/web/20241115063602/https://www.cannabiz.com.au/federal-parliament-to-vote-on-greens-adult-use-bill/ |archive-date=15 November 2024 |access-date=15 November 2024 |website=Cannabiz}} Thirteen senators voted in favour of the bill, while twenty-four voted against it.
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.{{Cite web |last=corporateName=Commonwealth Parliament; address=Parliament House |first=Canberra |title=Public Hearings |url=https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/LegalisingCannabis/Public_Hearings |access-date=2024-05-14 |website=www.aph.gov.au |language=en-AU}} 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. 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.{{Cite web |title=Astrid |url=https://astrid.health/ |access-date=2024-05-14 |website=Astrid |language=en-US}}
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.{{Cite web |last=corporateName=Commonwealth Parliament; address=Parliament House |first=Canberra |title=Additional Comments by Senator Paul Scarr |url=https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/LegalisingCannabis/Report/Additional_Comments_by_Senator_Paul_Scarr |access-date=2024-06-13 |website=www.aph.gov.au |language=en-AU}}
Outcome: The committee recommends that the Senate not pass the bill.
| class="wikitable" style="text-align:center"
!colspan="2"|Party !Senator !State !Position |
| {{Australian party style|labor}}|
|QLD |Chair |
| {{Australian party style|liberal}}|
|QLD |Deputy Chair |
| {{Australian party style|labor}}|
|WA |Member |
| {{Australian party style|labor}}|
|TAS |Member |
| {{Australian party style|labor}}|
|VIC |Former Member |
| {{Australian party style|liberal}}|
|NSW |Member |
| {{Australian party style|greens}}|
|NSW |Member, Introducer |
| {{Australian party style|phon}}|
|QLD |Participator |
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.{{Cite web |title=What Do Australia's Political Parties Think About Cannabis? |url=https://investingnews.com/australia-political-parties-cannabis/ |access-date=2024-03-04 |website=investingnews.com |language=en}}
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,{{Cite web |title=Find a member {{!}} Parliament of Victoria |url=https://www.parliament.vic.gov.au/members/member-search/ |access-date=2024-03-04 |website=www.parliament.vic.gov.au |language=en}} New South Wales{{Cite web |title=All Members |url=https://www.parliament.nsw.gov.au/members/Pages/all-members.aspx |access-date=2024-03-04 |website=www.parliament.nsw.gov.au}} and the West Australian legislative bodies, with a seat in the Parliament of Western Australia in the City of Rockingham.{{Cite web |title=Member List |url=https://www.parliament.wa.gov.au/parliament/memblist.nsf/WAMembers |access-date=2024-03-04 |website=www.parliament.wa.gov.au}}{{Cite web |last=Rockingham City |first=Council |date=4 March 2024 |title=Council Members |url=https://rockingham.wa.gov.au/your-city/council/council-members |access-date=4 March 2024 |website=Rockingham City}}
| class="wikitable" style="text-align:center" |
| colspan="2"|Party
!Views !Notes |
|---|
| {{Australian party style|liberal}}|
|Against |Conservative views, pro-medicinal use but against generalised legalisation. |
| {{Australian party style|labor}}|
|Against |Pro-medicinal, but against recreational use.{{Efn|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.}} |
| {{Australian party style|greens}}|
|For |Pro-legalisation of cannabis completely, with regulatory bodies and monitoring. |
| {{Australian party style|Jacqui Lambie Network}}|
|Against |Pro-medicinal, however they believe it is a doctor to patient matter, not a legislative one. |
| {{Australian party style|#6fc442}}|
|For |Supports the legalisation of cannabis in Australia, including the legalisation of: possession, use, recreational sales, home growing and medical use.{{cite web |url= https://www.legalisecannabis.org.au/party-policy |title= PARTY POLICY |website= legalisecannabis.org.au |publisher= Legalise Cannabis Australia |access-date= 29 September 2024}} |
| {{Australian party style|libertarian}}|
|For |In favour of "the legalisation of use, cultivation, processing, possession, transport and sale of cannabis".{{Cite web |url= https://www.libertarians.org.au/cannabis |title= Cannabis |website= libertarians.org.au |publisher= Libertarian Party (Australia) |access-date= 8 November 2024}} |
| {{Australian party style|One Nation}}|
|Against |
| {{Australian party style|Palmer United}}|
|Against |Conservative views, want a standard for all drugs in the eyes of law. |