Page 3871 - Week 11 - Wednesday, 25 September 2019

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Amendment negatived.

MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tertiary Education, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.36): I move amendment No 6 circulated in my name [see schedule 1 at page 3920]. This amendment places a limit on the number of plants per household. It is considered necessary to ensure that homes with numerous residents are not used as grow houses. The government is proposing a new limit of four plants per household. This is to be implemented as a strict liability offence for cultivating a cannabis plant at a premise where more than four plants are being cultivated.

This amendment will also introduce a defence to prosecution for an offence against proposed new section 171AAA if the defendant can prove that they lived at the premises while cultivating cannabis and could not have reasonably been expected to be aware that more than four plants were being cultivated at that premises.

MR HANSON (Murrumbidgee) (3.37): We will support this amendment. One of the concerns that we have raised throughout this process was the ability in the original bill, or as it has been tabled without amendment, to have a grow house. I think that that was an invitation, a green card and a green light for organised crime. It is appropriate that that be amended to prevent what would otherwise be drug houses from being enabled. I do not know if it was Mr Pettersson’s intent to allow for grow houses; certainly, it was the outcome.

Amendment agreed to.

Clause 6, as amended, agreed to.

Clause 7.

These amendments will mean that a simple cannabis offence notice is available for individuals under 18 years of age who commit an offence under section 162 by cultivating one or two cannabis plants. The SCON would be available for individuals under 18 years of age who commit an offence under 171AA(1) by possessing 50 grams or less of dried cannabis, or, consistent with the rest of the legislation, 150 grams or less of cannabis that has been harvested and which is not dried or is a mixture of dried cannabis and cannabis that is not dried.

Amendments agreed to.

Clause 7, as amended, agreed to.

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