Market Date: 6 August, 2020

Australian Capital Territory legalises private cannabis growing

On 25 September, 2019, the Legislative Assembly of the Australian Capital Territory (ACT) accepted a law allowing private cultivation, possession and use of cannabis for recreational purposes.

ACT has passed the legislation that allows personal cannabis growing as the action clarifies the goal as a ‘harm minimisation approach’, saying that ‘the outright prohibition model of drug policy is not working’.

The Drugs of Dependence (Private Use) Amendment Act 2019 enters into force 31 January, 2020. It’s going to exempt people over 18 years older from penalties for individual cannabis growing medical cannabiscannabisof around 2 cannabis plants per individual (maximum four plants each family ), kept within their house not normally accessible by the general public, and for ownership of around 50 g of dried cannabis capsule or 150 g of ‘fresh’ cannabis.

The legislation

This replaces the ‘Simple Cannabis Offence Notice’ (financial fine) given to adults located in possession of small amounts of cannabis for personal use, but keeps existing curative and non-therapeutic diversionary strategies for minors.

Under the new law, possession or sale of cannabis seeds stays prohibited. The medication shouldn’t be used intentionally near kids or in a public location. No sales outlets are foreseen as well as sharing a little amount will be regarded as a cannabis provide offence. Cannabis tourism consequently seems improbable.

At a parallel with the usa, this places state-level criminal law in direct conflict with Federal criminal legislation, which provides for a penalty of up to two years’ imprisonment for possession.

But in Australia the Commonwealth (Federal) Criminal Code provides an exception to Commonwealth offences, in which behavior is justified or excused under the legislation of a State or Territory. It isn’t yet clear if that exemption could apply in this circumstance.

ACT Policing could arrest for violation of this Territory or Commonwealth legislation, using a offence to be subsequently attempted in a Territory court or a Commonwealth court , but it’s uncertain how this might be determined.

The ACT homes the Federal capital city of Canberra and also has a population of just below 400, 000 in roughly two, 358 square kilometres.