Right: Uruguay recently became the first nation to legalise cannabis, but many other countries are reluctant to follow suit.
Background information The legality of cannabis varies from country to country. Possession of cannabis is illegal in most countries and has been since the beginning of widespread cannabis prohibition in the late 1930s. However, many countries have decriminalized the possession of small quantities of cannabis, particularly in North America, South America and Europe. Furthermore, possession is legal or effectively legal in the Netherlands, Uruguay and in the U.S. states of Colorado (Colorado Amendment 64) and Washington (Washington Initiative 502) as the federal government has indicated that it will not attempt to block enactment of legalization in those states. On 10 December 2013, Uruguay became the first country in the world to legalize the sale, cultivation, and distribution of cannabis. The medicinal use of cannabis is legal in a number of countries, including Canada, the Czech Republic and Israel. While federal law in the United States bans all sale and possession of cannabis, enforcement varies widely at the state level and some states have established medicinal marijuana programs that contradict federal law—Colorado and Washington have repealed their laws prohibiting the recreational use of cannabis, and have instated a regulatory regime that is contrary to federal statutes. Some countries have laws that are not as vigorously prosecuted as others but, apart from the countries that offer access to medical marijuana, most countries have various penalties ranging from lenient to very severe. Some infractions are taken more seriously in some countries than others in regard to the cultivation, use, possession or transfer of cannabis for recreational use. A few jurisdictions have lessened penalties for possession of small quantities of cannabis, making it punishable by confiscation and a fine, rather than imprisonment. Some jurisdictions/drug courts use mandatory treatment programs for young or frequent users, with freedom from narcotic drugs as the goal and a few jurisdictions permit cannabis use for medicinal purposes. Drug tests to detect cannabis are increasingly common in many countries and have resulted in jail sentences and loss of employment. However, simple possession can carry long jail sentences in some countries, particularly in parts of East Asia and Southeast Asia, where the sale of cannabis may lead to life imprisonment or even execution. Marijuana and the law in Australia History In 1913 Australia signed the International Hague Convention on Narcotics, and extended importation controls over drugs other than opium. 1921 saw the first international drug treaty (the Opium Convention), and in 1925 the Geneva Convention on Opium and Other Drugs saw restrictions imposed on the manufacture, importation, sale, distribution, exportation and use of cannabis, opium, cocaine, morphine and heroin for medical and scientific purposes only. In 1926 the Commonwealth Government banned the importation of cannabis; in 1928 Victoria passed the Poisons Act and became the first state to control cannabis, followed by South Australia (1934), NSW (1935), Queensland (1937), Western Australia (1950) and Tasmania (1959). In 1940 the Commonwealth extended import restrictions on Indian hemp, including preparations containing hemp. In 1961 Australia signed the International Single Convention on Narcotic Drugs This convention supports an obligation to make cannabis available as a medicine. Most current state and federal cannabis control Acts in Australia are in contradiction to this. Current legislation Australia has largely avoided a punitive drug policy, developing instead harm-minimisation strategies and a treatment framework embedded in a law-enforcement regime. Import and export of cannabis is illegal, and federal penalties apply. Offences can lead to sentences of up to life imprisonment for cases involving import or export of commercial quantities (100 kg and above for cannabis, 50 kg and above for cannabis resin and 2 kg and above for cannabinoids). Offences for quantities below a commercial quantity have lesser penalties attached. Federal offences also target the commercial cultivation of cannabis, domestic trafficking and possession. However, most cannabis offences committed are dealt with under state and territory legislation. Penalty systems in Australian states and territories Australian Capital Territory (ACT) A civil-penalty system for possession of small amounts of cannabis was introduced in 1993. Possession of up to 25g or two non-hydroponic plants attracts a fine of 100 Australian dollars, due within 60 days. Offenders can choose to attend the Alcohol and Drug Program. In South Australia possession of small quantities of cannabis is decriminalised, attracting a fine similar to that for a parking ticket. However, penalties for growing cannabis have become harsher since the advent of widespread large-scale cultivation. There is much confusion on the subject, with many believing that possession of a small amount of cannabis is legal. Western Australia As of August 2011, a person found in possession of 10g or less of cannabis will receive a Cannabis Intervention Requirement notice to attend a mandatory one on one counselling session. Quantities larger than this attract a penalty of $2000 or two years in jail, or both. A person found in possession of more than 100g of cannabis would be deemed to have that quantity for supply and could face a penalty of $20,000 or two years in jail. It is also illegal for cannabis smoking implements to be displayed in shops or sold, with fines up to $10,000 for sales to adults and jail for up to two years or a fine of up to $24,000 for selling to minors. Opposing political sides have accused the government of changing the laws to appear tough on drugs in response to an increased public fear of clandestine drug labs following a number of them exploding in suburban areas. New South Wales, Queensland, Victoria and Tasmania Possession and use of cannabis is a criminal offence; however, it is unlikely that anyone caught with a small amount will be convicted. Diversion programs in these states aim to divert offenders into education, assessment and treatment programs. In New South Wales, if one is caught with up to 15g of cannabis, at police discretion up to two cautions can be issued. In Tasmania up to three cautions can be issued for possession of up to 50g of cannabis, with a hierarchy of intervention and referrals for treatment with each caution. Similarly, in Victoria up to 50g of cannabis will attract a caution and the opportunity to attend an education program; only two cautions will be issued. In Queensland, possession of cannabis or any schedule 1 or 2 drug specified in the Drugs Misuse Regulation 1987 carries a maximum prison sentence of 15 years; however, jail terms for minor possession is very rare. Possession of smoking paraphernalia is also a criminal offence in Queensland. However, under the Police Powers and Responsibilities Act 2000 a person who admits to carrying under 50g (and is not committing any other offence) must be offered a drug diversion program. Adults in the Northern Territory found in possession of up to 50g of marijuana, one gram of hash oil, 10g of hash or cannabis seed, or two non-hydroponic plants can be fined $200 with 28 days to expiate rather than face a criminal charge. With the rapid expansion in hydroponic cannabis cultivation, the Australian Drug Misuse and Trafficking Act (1985) was amended in 2006; the amount of cannabis grown indoors under hydroponic conditions that qualifies as a ‘commercial quantity’ or as a ‘large quantity’ was reduced. |