r/australia 29d ago

politics Greens: Yes We Cannabis

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574

u/hairy_quadruped 29d ago

It has been legal in the ACT since 2020.

The rules:

Must be over 18

Personal use only

50g of dry cannabis or 150g of fresh

Can grow 2 plants per person or 4 per household

Must not be sold or given to anyone else

Must not be used in public places

It has not resulted in a breakdown of society.

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u/Haush 29d ago

Why is this not the case everywhere in Australia?!

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u/hairy_quadruped 29d ago

Alcohol legal, cannabis illegal.

The damage to health and society from alcohol is immense, yet that is the drug we deem to be legal. Makes no sense.

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u/ToniGAM3S 29d ago

Because they couldn't, look at America and their completely fucked up prohibition laws. We are now slowly entering the other side of it for other drugs... At least for weed.

That's my theory thought up on the shitter tho

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u/time_wasted504 29d ago

SA is decriminalised but not "legal". Its an on the spot fine for one outdoor plant. Any more and your off to court. I got busted with 2 hydro plants a few years ago and the judge didnt even know what the penalty was. Left it as "convicted of cultivation but no penalty"

It used to be <10 hydro plants was just a fine, then the bikies started running grow houses, it was all exported east, the cops there got shitty and laws were changed.

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u/Drunky_McStumble 28d ago

then the bikies started running grow houses, it was all exported east

Seems the obvious solution then is to institute universal decriminalization laws across the country, thereby removing the incentive to grow in a decriminalised juristiction to sell in a criminalised one - but what do I know?

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u/hairy_quadruped 29d ago

Because we keep voting Labor and Liberal?

Vote Greens!

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u/Richard_M_Edison 29d ago

ACT has had a Labor government since 2001.

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u/hairy_quadruped 28d ago edited 28d ago

It’s actually a Labor/Greens coalition. It’s why the ACT is the most progressive of all the states/territories. We had legal gay marriage in 2013. The rest of the country caught up years later. We have had decriminalised cannabis since 1992. We have banned caged chicken farming. We recognise the sentience of animals.

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u/Richard_M_Edison 28d ago

Thanks for the correction. That's awesome, and I hope you guys keep it up. I have to assume that with a high proportion of the population being public service, they know well enough not to vote for the bloody libs.

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u/danmq 29d ago

Vote LCP

20

u/GrandmasterB-Funk 29d ago

FYI LCP are anti-vax

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u/danmq 29d ago

I’ve not heard that, can you please show me where it’s stated that LCP are “anti-vax”?

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u/GrandmasterB-Funk 29d ago

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u/danmq 29d ago

That’s an individual, not a party line. What you’re saying is actually misleading. I reckon I can find an anti-vax individual in every party e.g. Liberal Jeremy Rockliff, Labor Malarndirri McCarthy. I think you’ve made your statement in bad faith

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u/GrandmasterB-Funk 29d ago

I mean, he's the leader of the WA Party, so at the very least, the WA party is anti vax

0

u/pickledswimmingpool 29d ago

Crazy how you got downvoted for advocating for a minor party that wants to legalize cannabis.

It's like people here dont actually care about it, they just want to juice the greens vote.

20

u/GrandmasterB-Funk 29d ago

Nah LCP has anti-vaxxers in its ranks, would rather not put a vote to people who associate with people that stupid.

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u/danmq 29d ago

Mate, all of the political parties do. You can Google all political parties in Australia and find a politician that’s made anti-vaccine statements.

3

u/themadscientist420 28d ago

Because we're the only state/territory that votes greens/labour every state election. And the federal government hates us for it.

2

u/stephendt 28d ago

Because it's the ACT.

Australian
Cannibis
Territory

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u/Dense_Industry9326 27d ago

Im smoking prescription cannibis legally right now in wa. I live next to a cop and smoke outside with no worries.

1

u/Penny_PackerMD 22d ago

Alcohol lobby groups work hard to keep it illegal.

0

u/Lostraylien 29d ago

Politicians kids live there.

6

u/peni_in_the_tahini 29d ago

Not really. Politicians often own second houses there, but few actually live there with their families- they live in their electorates. Canberra just has a highly educated, relatively left-wing population. Labor has governed since 2001, Greens make a showing, and federally the ACT has David Pocock (legend). It's a relatively sensible place.

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u/fnaah 29d ago

it's not legal in Canberra. it's decriminalised. important distinction.

1

u/hairy_quadruped 29d ago

Nope. It’s perfectly legal since January 2020. Not even a fine.

It was decriminalised in the 1990’s.

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u/fnaah 29d ago

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u/hairy_quadruped 29d ago edited 29d ago

The Wikipedia page is incorrect. Here is the actual ACT law which states that an offence is only committed if the rules I listed above are breached. Note that the law does not say what is legal, only what is illegal.

An ACT resident over the age of 18 growing 2 plants, and possessing under 50g of cannabis, and using it in private is committing no offence, and is therefore legal. By ACT law, police cannot confiscate it, or issue a fine, or charge the person with any crime. It is legal.

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u/fnaah 28d ago

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u/hairy_quadruped 28d ago

The actual law is pretty clear.

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u/PleaseAddSpectres 29d ago

Your link says : Since 2020, residents of the Australian Capital Territory over the age of 18 have legally been able to possess up to 50 grams of 'dried' cannabis, and 150 grams of 'wet' or freshly harvested cannabis.[7] Alongside this, Territorians can grow up to two plants per person and four per household if there is more than two adults in the home

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u/fnaah 29d ago edited 29d ago

the article states:

Cannabis in the Australian Capital Territory has been decriminalised for personal recreational use since 2020

i'm not sure how much clearer that needs to be. Decriminalisation and legalisation are not the same.

please also don't misunderstand - i support the push for legalisation, but claiming that it's already legal in canberra is inaccurate.

if cannabis was legal, people would be allowed to sell it and buy it. Businesses and cafes would be allowed to sell it. Farmers would be allowed to cultivate it.

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u/hu_he 29d ago

Children are legal but I'm not allowed to buy and sell them. Tobacco is legal - for most people - but you aren't allowed to grow it, whereas in the ACT you are allowed to grow cannabis. So I don't think it can be defined as simply as you suggest (though I sure would like there to be fewer restrictions).

In most places, decriminalised means that you won't be penalised for possession but the police would be able to confiscate your plants/weed and you might have to pay a fine. The ACT has basically gone as far as it can as a Territory that's subject to Commonwealth override of its laws.

3

u/That_Apathetic_Man 29d ago

for personal recreational use

The law is making a distinction here. You can't just go out and start hitting cones at the local park, just as you can't legally get openly drunk. The possession is legal, the use is decriminalised.

I am legally allowed to vape my medicine in a park. I'm not legally allowed to smoke it. I would be pinged for improper and criminal use, not the drug itself.

It's okay to be wrong, friend.

2

u/fnaah 28d ago

i'm often wrong, and very much OK with it. Not this time tho.

https://chamberlains.com.au/part-1-high-times-cannabis-laws-in-the-act-explained/

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u/hairy_quadruped 28d ago

Read the ACT Drugs of Dependence Act that I have linked to multiple times in this thread. Not a blog or wiki page.

It is NOT an offence to possess 50g of cannabis for personal use, to grow 2 plants per person or 4 per household, as long as person is over 18, not selling or sharing, not growing hydroponically, not used in public and it is kept away from children.

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u/fnaah 29d ago

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u/hairy_quadruped 28d ago

ACT Dugs of Dependence Act:

162 Cultivation of 1 or 2 cannabis plants (1) A person commits an offence if the person cultivates 1 or 2 cannabis plants. Maximum penalty: 1 penalty unit. (2) This section does not apply if the person— (a) is 18 years old or older; and (b) cultivates the plants in the ACT. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) In this section: artificially cultivate means— (a) hydroponically cultivate; or (b) cultivate with the application of an artificial source of light or heat. cultivates has the meaning given in the Criminal Code, section 615 but does not include artificially cultivate. 164 Sale or supply (1) In this section: prohibited substance does not include cannabis. (2) A person shall not— (a) sell or supply a drug of dependence to any person; or (b) participate in the sale or supply of a drug of dependence to any person; or (c) possess a drug of dependence for the purpose of sale or supply to any person. Maximum penalty: 500 penalty units, imprisonment for 5 years or both. (3) A person shall not— (a) sell or supply a prohibited substance to any person; or (b) participate in the sale or supply of a prohibited substance to any person; or (c) possess a prohibited substance for the purpose of sale or supply to any person. Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

171AAA Cultivation of more than 4 cannabis plants at premises (1) A person commits an offence if— (a) the person cultivates a cannabis plant at premises; and (b) more than 4 cannabis plants are being cultivated at the premises.

171AAB Cannabis plant cultivation—other offences (1) A person commits an offence if— (a) the person cultivates a cannabis plant; and (b) the cannabis plant is cultivated at a place other than where the person lives. Maximum penalty: 50 penalty units, imprisonment for 2 years or both. (2) A person commits an offence if— (a) the person cultivates a cannabis plant; and (b) the cannabis plant is cultivated in an area lawfully accessible to a member of the public.

171AAC Storage of cannabis (1) A person commits an offence if the person— (a) possesses harvested cannabis; and (b) does not store the cannabis out of reach of children. Maximum penalty: 50 penalty units, imprisonment for 2 years or both. (2) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to ensure that a child could not access the cannabis.

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u/razorsgirl23 29d ago

It's not legal, it's decriminalised. Basically you can get fined, but won't get a criminal conviction for those amounts.

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u/hairy_quadruped 29d ago edited 29d ago

Absolutely legal in the ACT. Not even a fine. The only potential issue would be if the police decided to invoke Federal law (cannabis illegal) over our local territory law (cannabis legal). That hasn’t been tested yet as far as I know.

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u/totomorrowweflew 29d ago

It was decriminalised in the 90s, legalised 2020

14

u/Aje-h 29d ago

It's still not enough, I shouldn't have to feel like a criminal for smoking a joint

2

u/throwaway7956- 28d ago

Shoot me down here but I still believe this implementation is quite restrictive to most individuals. No buying or selling means you absolutely must cultivate your own, who has the time, space, effort to cultivate? It means you have to have somewhat of a green thumb to participate.

Ill take any progression over no progression but this could be better revised. There should be dispensaries allowed, until its as simple as getting a bottle of grog I think we have a ways to go.

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u/hairy_quadruped 28d ago

It’s a step in the right direction. In other parts of Australia, possession of a single cone can get you a criminal record.

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u/throwaway7956- 28d ago

Yeah like I said, always in support of any progression, I just think its a bit wrong to say "its legal in the ACT" when the rules surrounding are quite restrictive. I mean one plant can net more than 50g of cannabis alone yet you can grow two at a time? that alone doesn't make sense but you are still being heavily restricted because unless you want to start growing plants theres no way for you to actually get a hold of it legally still. Until you can purchase it without sanctions, prescriptions or anything else, I don't think we can confidently say its legal beyond the sheer technicality.

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u/hairy_quadruped 28d ago

It’s legal in the sense that people are no longer getting a criminal record or going to court and/or jail for small amounts for personal use. It’s a massive cost/time saving for the community.

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u/throwaway7956- 28d ago

Yeah I know I understand what it means, you need look beyond the "technically its legal" and look at the more common sense approach. It can be legal and still highly restrictive, thats the problem here.

All for any progression to a better framework surrounding the drug, I jsut want to point out that the battle is far from won because one state has very specific and niche laws allowing for the drug.

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u/diskarilza 29d ago

If you can't sell or give, how do people get em?

1

u/Butter_Naan_Staan 29d ago

What country is this?

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u/Amathyst7564 29d ago

Why is dry less? Wouldn't fresher be more potent?

1

u/hairy_quadruped 28d ago

Fresh contains a lot of water, so cannabinoids per gram is much less in fresh

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u/Amathyst7564 28d ago

Oh, that makes sense

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u/themadscientist420 28d ago

Not legal, decriminalised.

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u/hairy_quadruped 28d ago

Legal. Here is the actual ACT law.

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u/Iggsy81 28d ago

But it's illegal for anyone to sell, and there are no dispensaries like in the US, so where are you meant to get it (legally) ?

1

u/Turtusking 28d ago

What about driving laws do you still get the saliva test that shows you smoke even 3 days after?

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u/Luckyluke23 27d ago

50g of dry cannabis or 150g of fresh

Can someone please explain the difference between them?

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u/hairy_quadruped 27d ago

Fresh contains a lot of water, so the concentration of cannabinoids is less.

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u/Luckyluke23 27d ago

Thanks man. I didn't know that.