Page 3832 - Week 11 - Wednesday, 25 September 2019
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
This reduces the potential for incompatibility with commonwealth laws, therefore reducing the likelihood of commonwealth legislation being drawn on for possession offences in the ACT. Despite an offence still existing in ACT law, the practical outcome is that the possession and cultivation of small amounts of cannabis for personal use will be effectively legal for individuals.
MR HANSON (Murrumbidgee) (11.31): In essence, this is the attempt to work around the conflict with federal legislation. I think there remains ambiguity, which is unfortunate. But I think it is clear that to remove any of the elements that would completely remove its illegality would more likely bring it into conflict. So perhaps this is a step to try to remove ambiguity, but the ambiguity remains. But, as it is a step in the right direction, we will support it.
Amendment agreed to.
MR RATTENBURY (Kurrajong) (11.33): I move amendment No 3 circulated in my name [see schedule 2 at page 3923]. This amendment omits the distinction between artificial cultivation and cultivation under the act. The amendment seeks to recognise that it is the substance and quantity of that substance that is the primary focus of the Drugs of Dependence Act, not the method of cultivation. This will enable cannabis to be cultivated hydroponically or using artificial light, or using more natural outdoor cultivation methods.
We consider that it is something of a falsehood to restrict the further decriminalisation of cannabis to only one method of growing the plant, particularly in the ACT, with our extremes of weather from summer to winter. We also believe that this approach, which is ideologically neutral, will be of benefit to Canberrans who may live in flats, apartments or townhouses and who do not necessarily have the space to have a large-scale garden or access to open green space.
I would also hazard that this may potentially reduce the exposure some may have to the illegal market and criminal syndicates by virtue of not having to engage in what will still, in effect, be illegal trafficking of a prohibited substance under the government’s amendments. It is important to reinforce that this amendment does not go towards the number of plants that can be cultivated by an individual, nor the amount they can possess. This is simply about how one is allowed to grow the cannabis.
If we are taking an approach that says, “You will be allowed to grow it,” why do we care how people grow it? That is what this amendment seeks to change. It is nonsensical to say, “You can grow it in your garden, but you cannot grow it somewhere else—for example, in your garage.” We have gone through the amendments that state that you need to do it out of public sight, but you are not allowed to grow it in your garage with a lamp on it. I think that is the result we are trying to produce here.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tertiary Education, Minister for Tourism and Special Events
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video