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Further implications
The relatively widespread use of marijuana in Australia, despite legal prohibitions, has resulted in significant pressure to legalise and regularise the distribution and use of the substance.
The National Cannabis Prevention and Information Centre has noted that Cannabis is the most commonly used illicit drug with one in three Australians (34%) reporting use in their lifetime. Recent use of cannabis is most common among those aged 20–29 years, while eighteen percent of secondary school students have used cannabis and 14 percent report use of cannabis in the past 12 months.
This extent of usage has led many to conclude that legislative attempts to prohibit the use of the substance have been unsuccessful. Critics have been concerned that the current prohibition and punishment regime criminalises a substantial portion of the Australian community who are doing nothing more anti-social than smoking or drinking, neither of which attracts a criminal penalty (unless, as is the case with alcohol, consumption is accompanied by other illegal activities).
There is the added incentive that were marijuana distribution and use to be legalised it could then be taxed in the same way that alcohol and cigarettes are. This could become a significant source of government revenue and relieve pressure on state and federal budgets while making more money available to governments to provide services for the community.
However, the situation is more complex than the above analysis might make it appear. Firstly, though marijuana use in Australia remains significant, it is in decline. The National Cannabis Prevention and Information Centre has noted ‘After a noted rise in cannabis use in 1998 among those sampled by the National Drug Strategy Household Survey (NDSHS), when 17.9 percent of respondents reported use in the past 12 months, there was a consistent decline in reported use to 12.9 percent in 2001, 11.3 percent in 2004 and 9.1 percent in 2007.’ Thus, over a period of ten years, use had virtually halved. Such a pattern disputes claims that marijuana use has been unaffected by prohibition.
The second complicating factor is that the most recent research on marijuana use suggests it has a range of negative effects. It has some of the same cancer-producing chemicals as tobacco smoke. Its protracted and early use has also been linked to negative effects on concentration and memory and has been linked with the development of schizophrenia. Though not an established causal agent for schizophrenia, marijuana use may well be a precipitating factor.
In addition, there is the growing concern that marijuana use contributes to road accidents, with resultant injuries and deaths.
Finally, it seems likely that were marijuana to be legalised, its use would become more widespread. In the United States, in New York State and Colorado (the two states that have recently legalised marijuana) there is commercial manufacture and sale of the drug. Though this has allowed for greater quality control, it also seems likely significantly to increase consumption. There would be major concern if legalisation led to an increase in the number of young marijuana users, as the negative effects are greater among those who begin using the drug early in their lives. Interestingly, however, there are those who argue that a regulated cannabis market would actually make it easier to prevent young people accessing the drug, in that sale could be restricted in the same way that sale of cigarettes to young people is prohibited.
It is uncertain whether any Australian state will follow the lead of Colorado and New York State and legalise marijuana.
The complexity of this issue means that a majority of Australians prefer decriminalisation or reduced penalties for marijuana use; while not supporting full legalisation. A recent survey conducted by the University of New South Wales found that only 22 per cent of those surveyed supported the legalisation of marijuana, while 51 per cent were opposed. 72 per cent, however, favoured a reduction in penalties. The HEMP party’s call for a referendum, were it to be granted, may well not give them the result they desire.