Page 3826 - Week 11 - Wednesday, 25 September 2019
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possession of cannabis will make it easier for people who are already using the drug to connect with services or supports they need.
The impact on justice outcomes has also been a focus of the government’s thinking. Currently, possessing even small amounts of cannabis for personal use can bring people into contact with the justice system, with lasting and serious consequences. The reforms proposed by this bill will help individuals to avoid these negative outcomes.
The government also has a responsibility to focus our justice resources where they are needed most: on disrupting serious and organised crime; protecting our community from individuals or groups who might wish to do us harm; and helping women and children to deal with domestic and family violence. Removing penalties for small-scale, personal cannabis users means more of the ACT police and court resources can be focused on these areas, where they are needed most.
The government will be supporting this bill, subject to the amendments I have proposed being supported by this chamber. The government proposes to amend the bill to set the number of cannabis plants that an adult can possess at two, down from the four proposed in the private member’s bill. This is consistent with the settings of the current simple cannabis offence notice scheme, and we believe it is a reasonable limit for personal use. Given that the legislation permits personal possession of dried cannabis to 50 grams, allowing a larger number of plants would place the owner at risk of ending up with substantially more product then they are legally allowed to possess.
Related to this issue, I will move practical amendments to distinguish between “dry” cannabis—that is, cannabis that is ready to be smoked—and “fresh” cannabis—that is, cannabis from a plant that has not yet dried. Dry cannabis will still be subject to a limit of 50 grams, in line with the current simple cannabis offence notice scheme. A higher limit of 150 grams will apply to fresh cannabis, recognising that a given amount of cannabis, like any plant, weighs more before it dries out.
We also propose a new limit of a maximum of four cannabis plants per household, regardless of how many people live there. The private member’s bill does not currently include a limit on the number of plants that would be allowed in a single home. This potentially gives rise to situations where share houses or other properties with multiple residents could be used as larger scale “grow houses” by criminal groups.
The government believes it is important to maintain ACT Policing’s ability to identify and disrupt criminal activity, including the commercial production of cannabis. Having an absolute limit on the number of plants that can be cultivated in a home is an important way to make a clear distinction between individual users and criminals cultivating cannabis for profit.
I will move amendments to restrict where personal cannabis plants can be grown—something which is also not currently considered by the bill. The amendments will address two separate issues. First, cannabis plants will only be able to be cultivated on
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