Should Australia legalise the recreational use of cannabis?

What they said...
'Marijuana causes impairment in every performance area that can reasonably be connected with safe driving of a vehicle'
Drug-Free Australia

'It's time to stop pretending that consumption of this plant, consumed each year by literally millions of Australians, should still be seen as a crime'
Greens senator David Shoebridge

On August 10, 2023, Greens Senator David Shoebridge introduced the Greens Legalising Cannabis Bill 2023 to Federal Parliament. The bill seeks to permit the adult recreational use of cannabis.

If it achieves the support of both houses, the bill will create the opportunity for a legal commercial cannabis market, as has existed in Canada since October 2018. Canada is one of eight countries in the world to have done this.

On May 9, 2018, Senator David Leyonhjelm, of the Liberal Democratic Party, introduced a bill to allow states to remove Commonwealth barriers to the legalisation, regulation, and taxation of cannabis. Both major parties and One Nation did not support the bill. The bill lapsed at the end of parliament on 1 July 2019 after the second debate on 15 October 2018.

On February 24, 2016, the Australian parliament made amendments to the Narcotic Drugs Act that legalised the highly regulated commercial growing of cannabis for medicinal and scientific purposes.


Background
* Most of the background information below has been drawn from a Wikipedia entry titled 'Cannabis in Australia'. This can be accessed in full HERE Links to any other sources used are given within the body of the text.

Cannabis is a plant used in Australia for recreational, medicinal, and industrial purposes. In 2019, 36 percent of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6 percent had used cannabis in the last 12 months. Australia has one of the highest cannabis usage rates in the world.

Recent laws regarding the personal, recreational use of cannabis
On 24 February 2016, Australia legalised growing of cannabis for medicinal and scientific purposes at the federal level.

On 12 November 2017, Food Standards Australia New Zealand (FSANZ) made low- THC (Tetrahydrocannabinol - the major psychoactive component and one of the 113 cannabinoids recognised in cannabis) hemp food legal for human consumption in Australia.

On 25 September 2019, the Australian Capital Territory passed a bill allowing for possession and growth of small amounts of cannabis for personal use as of 31 January 2020, although the laws conflict with federal laws that prohibit recreational use of cannabis, and the supply of cannabis and cannabis seeds are not allowed under the changes.

Increasing support for the legalisation of cannabis for recreational purposes
Attitudes towards legalising recreational cannabis in Australia have shifted over the last decade. According to polling by the National Drug Strategy Household Survey (NDSHS) in 2019, more Australians now support legalisation of cannabis than remain opposed; 41 percent of Australians now support the legalisation of cannabis, 37 percent remain opposed, and 22 percent are undecided. There have also been some associated changes in public perceptions about other cannabis-related policies. For example, most Australians aged 14 years and over do not support the possession of cannabis being a criminal offence (74 percent in 2016 compared with 66 percent in 2010).

What is legalisation?
Legalisation makes a drug permissible to produce and use under the law. In other words, it means that a once-banned substance is no longer illegal. People can use the substance without fear of a conviction or fine. However, there may be some restrictions set forth with the legalisation of a drug, to keep users safe. For example, the law may require you to be a certain age to use the drug. Government may also limit the amount that a person may carry or possess. In addition, suppliers (such as retail stores) may need a licence to sell the substance. Most of these restrictions apply on the legal sale and use of both alcohol and cigarettes.

What is decriminalisation?
Decriminalisation removes any criminal penalties against a certain drug, including its use or possession under a specified amount. A decriminalised drug is still illegal, but the possible punishments attracted by its use are much less severe. For example, those found in possession of the drug (in a small amount) would not be imprisoned. Instead, they may receive a civil fine, drug education, or drug treatment. However, the production, dealing in, and sale of decriminalised drugs is still prosecutable by law.

The largest difference between a legalised drug and a decriminalised one is that the legalised drug can be produced in large quantities and openly sold. This means the sale of the drug can be taxed and its quality can be regulated.

Current laws in Australian states and territories regarding cannabis
Australian Capital Territory -
Possession: Legal up to 50 grams of dried cannabis or up to 150 grams of fresh cannabis
Cultivation: Legal for recreational use up to two cannabis plants at your home per person, with a maximum of four plants per household.

New South Wales -
Possession: Illegal; diversion if first two offenses and <15 grams, maximum penalties for possession are a $2,200 fine and 2 years imprisonment.
Cultivation: Illegal; penalties for cultivation are a $11,000 fine and 2 years imprisonment for non-trafficable quantities.

Northern Territory -
Possession: Illegal; Illegal; maximum penalty for possession a $200 fine for =50 grams,
2 years imprisonment for >50 grams and/or possession in a public place
Cultivation: Illegal; maximum penalty for cultivation a $200 fine for two non-hydroponic plants; maximum life sentence for cultivation in front of a child.

Queensland -
Possession: Illegal; diversion if first offense and <50 grams; otherwise maximum penalty 15 years imprisonment
Cultivation: Illegal

South Australia -
Possession: Illegal; maximum penalty a $150 fine for =100 grams; maximum penalty a $2000 fine and 2 years imprisonment for >100 grams
Cultivation: Illegal; maximum penalty a $150 fine for one non-hydroponic plant

Tasmania -
Possession: Illegal; diversion if first three offenses and <50 grams, maximum penalty a $7950 fine and 2 years imprisonment for >50 grams
Cultivation: Illegal

Victoria -
Possession: Illegal; diversion if first or second offense and =50 grams,
Maximum penalty a $2,200 fine and 2 years imprisonment for possession; a maximum $550,000 fine and 15-20 years imprisonment for trafficking
Cultivation: Illegal

Western Australia -
Possession: Illegal; diversion if first offense and =10 grams,
Maximum penalty a $2,000 fine and 2 years for 10-100 grams; maximum penalty a $20,000 fine and 2 years imprisonment for >100 grams
Cultivation: Illegal


Internet information
On August 10, 2023, The Greens issued a media release detailing their introduction into Federal Parliament of a Bill to legalise the recreational use of cannabis and allow a legal home grow and commercial cannabis market across Australia.
The article details The Greens' arguments in support of legalisation.
The full text can be accessed at

On August 10, 2023, Sydney Criminal Lawyers published a comment by Paul Gregoire titled 'Shoebridge's National Legalise Cannabis Bill Covers All Grassroots Wants and Concerns/ which refers to the Greens community consultation in the formulation of their bill and the extent to which the proposed law would meet the needs of prospective users.
The full text can be accessed at

On July 28, 2023, Cosmos published a report titled, 'Legalising cannabis linked to rise in poisoning among kids' The report details findings that cannabis poisoning rose by three to four hundred percent after the drug's legalisation for medical and recreational purposes.
The full text can be accessed at

On June 23, 2023, Central News published a comment by Michelle Deng titled 'Support to decriminalise cannabis on a high'. The comment presents a detailed case supporting the legalising of recreational cannabis use as currently proposed in bills put forward by the Legalise Cannabis Party and The Greens.
The full text can be accessed at

On June 21, 2023, The Latch published an analysis titled 'The Next Hit: How Close is Australia to Legalising Cannabis?' The article outlines the current recreational cannabis laws in each Australian state and territory and indicates the likelihood of these different sets of legislation being liberalised.
The full text can be accessed

On June 20, 2023, The Guardian published an article titled 'Legalise Cannabis makes united push for personal marijuana use in three Australian states.' The report details moves by the single-issue party, Legalise Cannabis, to make cannabis legal for personal use in Western Australia, New South Wales and Victoria.
The full text can be accessed at

On June 9, 2023, Aljazeera published a report titled 'Thailand's cannabis lovers face comedown amid legalisation U-turn' which outlines the government about-face on legislation that has legalised cannabis in Thailand. Problems associated with unregulated use are claimed to have caused the change in position.
The full text can be accessed at

On April 21, 2023, Clyde & Co published a report titled 'Cannabis legal update' which outlines a bill put before the German parliament on April 23, which, if passed would legalise the cultivation, possession, and consumption of cannabis for recreational purposes (otherwise known as the "adult-use market" as opposed to the "medicinal market").
The full text can be accessed at

On April 10, 2023, The Guardian published an Explainer analysis titled 'Legalising cannabis in Australia: how would it work and is there a catch?'. The article outlines how the legalisation of recreational cannabis, as proposed by The Greens, would operate. It also explains some of the obstacles that may arise and problems that could result.
The full text can be accessed at

On March 18, 2023, The Guardian published a report titled 'Australia spends billions "failing to police" cannabis that earns black market $25bn a year, Greens say'
The article quotes Greens spokespeople outlining their arguments for the legalisation of cannabis. This includes 'failed' police efforts to stop the use, production, and importation of the drug.
The full text can be accessed at

On March 9, 2023, UN News published a report titled 'Legalizing cannabis fails to address health risks: UN drugs control board' The report details a media release from the International Narcotics Control Board which has noted dramatic increases in cannabis-related psychosis and other health issues in jurisdictions where cannabis use has been legalised.
The full text can be accessed at

On January 24, 2023, the University of Colorado released study results indicating that there is no evidence establishing cannabis as a gateway drug encouraging the use of other drugs. It also found that comparative studies show no increase in adverse effects on psychosocial health from the legalisation of recreational cannabis. A summary of the report can be accessed at

On December 20, 2022, The Sydney Morning Herald published an opinion piece by Liam Mannix titled 'No evidence? Not quite. The latest research on the risks of cannabis' The comment looks at a range of available evidence to argue that there are significant risks associated with the use of cannabis
The full text can be accessed at

On November 30, 2022, The Australian published a news report titled 'Legal cannabis? One generation says yes'. The report presents recent survey data which shows that those born in the 1950s and 1960s were most likely to support the legalisation of cannabis.
The full text of the article can be accessed at

On September 27, 2022, The Australian published a report titled 'Weed experts weigh in: 'Better legal than not' The article summarised the opinions of a number of drug experts who argue that it would remove the unnecessary criminalisation of a section of society and allow the benefits of the drug to be had in a regulated manner.
The full text of the article can be accessed at

On July 15, 2022, The Guardian published a news report titled 'Regular cannabis use now more accepted by Australians than smoking tobacco, study finds'
The article draws on 2019 data, compiled by the Australian Institute of Health and Welfare derived from a survey of 20,000 people aged 14 and over about their attitudes towards drugs.
The full text can be accessed at

On April 20, 2022, The Harvard Gazette published an opinion piece titled 'It may be increasingly legal, but it doesn't mean cannabis is safe' The article outlines some of the risks associated with cannabis use.
The full text can be accessed at

On April 14, 2022, The Conversation published an article by Barbara Jacquelyn Sahakian
Professor of Clinical Neuropsychology, University of Cambridge, and others, titled 'Cannabis: how it affects our cognition and psychology - new research'
The article details adverse psychological and cognitive effects of cannabis use particularly upon young users.
The full text can be accessed at

In 2019 Public Health Ontario issued a statement noting that there was no conclusive evidence linking cannabis use with leading to the later use of other more harmful addictive substances.
The full text of this statement can be accessed at

On April 17, 2018, The Conversation published an article titled 'Legal highs: arguments for and against legalising cannabis in Australia'. The article is written by Nicole Lee, Professor at the National Drug Research Institute, Curtin University and Jarryd Bartle, Sessional Lecturer in Criminal Law, RMIT University.
The full text can be accessed at

Arguments in favour of legalising cannabis
1. The supposedly addictive effects of cannabis use have been exaggerated, while the drug is less harmful than many others
Those who support the legalisation of recreational cannabis argue that its allegedly injurious effects have been overstated.

Cannabis is addictive for some users; however, its addictive properties are not as pronounced as those of many other drugs. Although not everyone who uses marijuana becomes addicted to it, addiction does occur among a proportion of users. It is estimated that 1 in 10 adults who use marijuana will develop a cannabis use disorder, with a higher risk for people who begin using marijuana before the age of 18. However, studies have also shown that cannabis is significantly less addictive than other popularly consumed drugs some of which can be purchased legally. A 2014 review of 20 years of existing research into the health effects of marijuana use found that people who try marijuana are reportedly significantly less likely to become dependent on it than users of just about any other drug, including tobacco, heroin, cocaine, alcohol, or stimulants. The review stated, 'The life-time risk of developing dependence among those who have ever used cannabis was estimated at 9 percent in the United States in the early 1990s as against 32 percent for nicotine, 23 percent for heroin, 17 percent for cocaine, 15 percent for alcohol and 11 percent for stimulants.'

It has also been noted that cannabis has not been shown to be a gateway drug. It used to be said that taking cannabis paved the way for users to experiment with other more dangerous substances. This claim has now been disputed. Public Health Ontario have stated 'The gateway hypothesis overall has not been proven, and specifically, there is no conclusive evidence that cannabis use causally leads to the use of other substances.' It has been suggested that if there is a link between cannabis use and the later consumption of other drugs it is probable that the two behaviours share a common cause rather than that cannabis use caused a transition to other drugs. Michelle Taylor, a cannabis researcher from the University of Bristol, has noted, 'There is no evidence that cannabis use actually causes...later drug use, merely that the two behaviours are linked, a link which could be due to factors which commonly influence both behaviours.'

It has further been claimed that cannabis damages user health to a far lesser degree than many other commonly consumed drugs. A 2010 British study found that alcohol was the most dangerous drug in terms of its effect on health, likelihood to commit crime and other socio-economic adverse effects. Heroin, crack cocaine, methamphetamine, cocaine, tobacco, and amphetamine were all ranked along with alcohol as having greater adverse effects than marijuana.

Finally, studies published in 2023 have shown that legalising cannabis does not increase health or psychosocial risks within a community. Substantial United States studies comparing some 4,000 separated twins where one group lived in Colorado where cannabis was legally available, while their siblings lived in Minnesota where cannabis use is illegal found no significant difference in relative health. Researchers followed participants, from adolescence to the age 24 to 49, collecting data on use of alcohol, tobacco, cannabis and several illicit drugs, as well as measures of "psychosocial health." They found no relationship between legalizing cannabis and heightened risk of cannabis use disorder, or cannabis addiction. They also found no significant connection between the use of cannabis and 23 measures of 'psychosocial distress,' including use of alcohol and illicit drugs such as cocaine and heroin, psychotic behavior, financial distress, cognitive problems, unemployment, and relationships at work and at home.

2. Legalising personal cannabis use stops the criminalisation of a drug most Australians think should not be illegal. It also prevents discrimination against users.
Those who support the legalisation of recreational cannabis argue that using this substance is not seen as criminal by most Australians. It is further argued that classing cannabis use as an illegal activity unfairly penalises those who take the substance.

Attitudes toward cannabis use in Australia have altered over time. As indicated by the 2019
National Drug Strategy Household Survey, although 54 percent of Australians disapprove of regular cannabis use, 66 percent think that the possession of small amounts of cannabis for personal use should not be a criminal offence. The same survey also found that support for regular cannabis use was now higher than support for regular tobacco use, even though the latter drug is not treated as illegal. Growing support for the legalisation of cannabis use has also been shown at the ballot box. At the 2019 federal election, the single-issue party Legalise Cannabis picked up between 2 percent and 7 percent of the Senate vote in most states and the Northern Territory, despite running no advertising during the campaign. RMIT associate lecturer and drug policy consultant, Jarryd Bartle, has noted, 'Legalise Cannabis getting a significant proportion of the vote was another indication there is - particularly amongst younger Australians - a trend in support of legalisation.'

It has been argued that current social acceptance of cannabis in Australia is also shown by the number of people who use the substance. The 2019 National Drug Strategy Household Survey showed that cannabis continues to have the highest reported prevalence of lifetime and recent consumption among the general population, compared with other illicit drugs. People who had used cannabis only for medicinal purposes and always had it prescribed by a doctor were identified and removed from data relating to the recent use of cannabis, which focuses on illicit use for recreational purposes. For people aged 14 and over in Australia in 2019, 36 percent had used cannabis in their lifetime and 11.6 percent had used cannabis in the prior 12 months. Lifetime and recent use of cannabis increased significantly between 2016 and 2019 (up from 35 percent and 10.4 percent in 2016).

It is also argued that it is inappropriate to penalise and criminalise those who use a drug that most Australians do not consider should be criminalised. In an article published in The Conversation on April 17, 2018, Nicole Lee, Adjunct Professor at the National Drug Research Institute (NDRI) Curtin University and Jarryd Bartle, Associate Lecturer in Criminology and Justice Studies at RMIT University, stated, 'Some of the major harms from using illicit drugs are precisely because they are illegal. A significant harm is having a criminal record for possessing drugs that are for personal use.' The same point has been made by Peter Pullicino writing for Drug Policy Australia. Pullicino writes, 'If you visit your local court, you will see people lingering in waiting rooms for victimless crimes like personal drug possession. Many are scared, but few will learn useful lessons or get the help they need directly from a retributive justice process. A fine, criminal record or short mandatory drug course is unlikely to result in behaviour change.' Victoria Legal Aid also opposes the criminalisation of personal marijuana use. In a 2020 submission to the Victorian Government, they cited the example of one of their clients who uses cannabis only for private recreation to demonstrate the unnecessary harm that criminalising marijuana inflicts on innocent, often marginalised people. They noted, 'Despite only smoking at home, David has been charged for cannabis possession multiple times and was once remanded in custody.' Dan Nicholson, Executive Director of Criminal Law, Victoria, summed up the issue, claiming that criminalising cannabis use discriminated against disadvantaged groups. He stated, 'We see people struggling with poverty, mental health issues and dependence, who are not a risk to others, being drawn back into the criminal justice system and spending time on remand when charged with cannabis possession. When our clients receive a criminal conviction, it causes long term barriers to employment and housing.' On August 10, while proposing the new legislation, the Greens David Shoebridge stated, 'It's the chance to radically reduce harm, literally overnight, by saving some 80,000 Australians a year from being caught up in the criminal justice system for possession of cannabis.'

3. Legalising recreational cannabis use would reduce the waste of police time and the misuse of the criminal justice system
Those who support the legalisation of cannabis argue that criminalising the drug wastes police time and the resources of the courts, which would be better spent acting against serious criminals.

All around the world, supporters of the legalisation of cannabis argue that this would significantly free up police time, allowing the police to deal with more serious matters. In Britain, the Liberal Democrats claim that a legal, regulated market for cannabis would save 1.04 million police hours annually. Their calculations are based on Ministry of Justice figures of police caseloads for drug offences in 2015. They also use Treasury estimates of the number of hours police officers of different ranks (constable, sergeant, or inspector) need to spend per case of cannabis possession or supply. Related claims have been made in the United States. Lt. Gen. Jeffrey Buchanan, a leading military police representative operating in the District of Columbia, where his force is responsible for the protection of major government buildings, stated in May 2021, 'If our officers are busting teenagers for smoking marijuana over at the train station... that doesn't have anything to do with protecting the Capitol or its members - it's probably wasted time and energy.' A similar claim was made by Jesse Wegman writing for the New York Times and claiming that with the increasing focus on apprehending marijuana users, United States police were misusing their time and resources. Wegman states, 'The absurdity starts on the street, with a cop and a pair of handcuffs. As the war on drugs escalated through the 1980s and 1990s, so did the focus on common, low-level offenses... In New York City, where the strategy was introduced and remains popular today, the police made fewer than 800 marijuana arrests in 1991. In 2010, they made more than 59,000... The public-safety payoff for all this effort is meager at best.'

Similar complaints are regularly made in Australia about the misuse of police resources pursuing marijuana users and suppliers. The 2022 Penington Institute report on cannabis in Australia found that 90 percent of cannabis-related charges since 2010 were for personal use or possession at a cost to Australian taxpayers of $1.7bn a year in law enforcement. John Ryan, the chief executive officer of the Penington Institute, stated, 'The demonstrated harms and enormous financial burden associated with Australia's simplistic prohibition approach is much more harmful than the substance itself.'
Cannus, an Australian news source that focuses on cannabis-related stories, recently published an article featuring critical social media responses to news of major police operations against marijuana suppliers. One of the quoted social media commentators stated, 'I don't use it, but I hope that one day we can have a safe and well-regulated market for medical and recreational cannabis. Operations like this... waste police resources [that could be used] to target.... crime. The risks and costs to the community of legalising recreational cannabis are low, while legalisation...can result in safer products and new tax streams to fund public health initiatives.'

It has similarly been claimed that prosecuting those who grow and use marijuana is a misuse of the courts. Greg Barns Senior Counsel and spokesperson for the Australian Lawyers Alliance (ALA) was quoted in August 2023, stating, 'Every year millions of dollars are spent on the pointless prosecution of drug users, clogging our court systems, and resulting in people - especially young people - ending up with criminal records that last a lifetime.' Barns had earlier explained that the courts' time was essentially being wasted because they were treating as criminal issues matters that were either a social or a health concern. In 2021, Barns had stated, 'We waste a huge amount of court time in dealing with people for drug possession offences, when they should be treated as a health and lifestyle issue. Much of the work of magistrates, or judges in local courts, is dealing with matters, which, essentially, are a health or lifestyle issue.' The Bureau of Crime Statistics and Research (BOCSAR) found cannabis-related incidents are the leading drug offences to be charged in New South Wales. Its data revealed there were 524 criminal incidents of cannabis possession and use in 2022 - higher than charges relating to the possession and use of other drugs. It has been claimed that the significant number of cannabis-related charges is worsening the backlog of court cases in New South Wales local courts.

4. Legalising recreational cannabis would significantly increase taxation revenue which could be used for valuable social purposes
It has been argued that if marijuana were legalised and properly regulated as a commercial enterprise this would generate huge taxation revenues which could be used for significant social and community purposes, such as addressing problems associated with drug use.

The Greens in Australia have argued that legalising cannabis would result in tens of billions of dollars in increased federal government revenue. On January 30, 2023, the Green issued a media release stating 'The legalisation of Cannabis would generate more than $28 billion in government revenue in the first decade after legalisation. This comes from GST, company tax and a 15 percent cannabis sales tax. With a 25 percent cannabis sales tax, the revenue would surge to over $36 billion.' It has also been noted that legalising cannabis would reduce government expenditure on policing and the courts, freeing up this revenue for more productive social purposes. David Shoebridge, Greens senator and justice spokesperson. has claimed, 'We know that legalising cannabis reduces harm by keeping people out of the criminal justice system... it will also bring in tens of billions of dollars of public revenue as well. With the revenue generated from legalised cannabis we can build new public housing for a quarter of a million people or lift JobSeeker by $80 a fortnight. This is an opportunity for some serious investment in social justice. When we legalise cannabis we take billions away from organised crime, police and the criminal justice system and we can then spend it on schools, housing, hospitals and social support.'

Taxation revenue in Canada since October 2018, when cannabis was legalised, shows the financial benefits to governments that can result from legalisation. On February 28, 2023, Canada's federal government announced that it had assessed more than 1 billion Canadian dollars ($740 million) in total duty on cannabis products since they were legalised for recreational use. 75 percent of the revenue had been directed to the provinces (states) and 25 percent had remained with the federal government.

The cannabis industry has now become a substantial employer in Canada and has caused a $43.5 billion boost to the country's gross domestic product. This has led to an increase in indirect taxation revenues associated with cannabis sale and production. It has been estimated that between 2018 and 2023 cannabis's total contribution to taxation revenue (from direct and indirect taxation) was approximately $15.1 billion.

Some of the revenue derived from legalisation has already been used in public health campaigns to increase Canadians' knowledge of the risks associated with cannabis use. This appears to have been successful, with past-year cannabis users who believe that regular cannabis use poses a moderate to high health risk rising from 34 percent to 40 percent among those using edible products. The recognition of risk among those that vapourising cannabis has risen from 38 percent to 55 percent.

In Australia some supporters of legalising cannabis consumption have argued that the taxation revenue received by governments should be prioritised for supporting those suffering drug addictions. Greg Barns, senior counsel and spokesperson for the Australian Lawyers Alliance (ALA), has noted the lack of support networks within the health systems for those suffering from various forms of addiction, including cannabis addiction. In Canada it has been recommended that part of the revenue derived from cannabis taxation should be used for new public health interventions with a focus on drug-related issues.

5. Legalising recreational cannabis would allow its supply to be properly regulated and take it out of the hands of the criminal black market
Those who support the legalisation of recreational cannabis argue that allowing it to be legally cultivated takes supply out of the hands of criminal elements who currently produce much of the cannabis being illegally consumed. Regulating supply would also help to address current issues with quality control and health warnings not being attached to the cannabis that is currently consumed in Australia.

The black market supplies most of the cannabis being consumed in Australia. A 2020 inquiry into the use of cannabis in Victoria found that since cannabis began to be used recreationally in Australia in the 1960s, there has been no legal source of the drug , thus 'the black market (including domestic cultivation) was the only supplier'. It has been claimed that the value of the black market in cannabis is comparable to that of Australia's wine industry, with illegal cannabis production in Queensland estimated to be that state's second largest agricultural industry. The Greens have estimated that the current value of cannabis produced illegally in Australia is approximately $25 billion. The modelling used by the Greens suggests that creating a legal market would see illegal cannabis sales collapse to just five percent of all sales in the first five years of operation, removing billions of dollars from organised crime. Fortune Business Insights has projected that by 2030, the global value of the cannabis market will be $US444.34 billion. Governments around the world do not want such an extremely valuable revenue stream in the hands of illegal and often criminal producers. When announcing his intention to legalise cannabis, Canada's prime minister, Justin Trudeau, argued that the reform would 'keep the money out of the pockets of organised crime'.

It has further been argued that legalising the cultivation and supply of cannabis would allow regulation of the substance and so help to protect users. Under its legalisation blueprint, the Greens plan to establish an Australian Cannabis Agency that would issue licences for production and sale. The agency would also act as the single wholesaler of legally accessible cannabis, and police the regulations. Licensed growers would be required to produce cannabis containing specific levels of THC and CBD (cannabidiol oil) . The party would also establish retail stores that only over-18s could enter. The stores would only be permitted to sell cannabis in plain packaging - with visible health warnings - and require staff to undertake a responsible sale of cannabis course. The dangers of an unregulated market have been stressed by the Australian Therapeutic Goods Administration (TGA) which has already warned those using medicinal cannabis on prescription not to buy from illegal, unlicensed sellers. The TGA has warned that black market cannabis may contained undeclared hazards and make not contain the required levels of cannabidiol oil.

Canada has instituted numerous controls on product quality to help ensure that legalised cannabis is reliable. It has implemented stringent quality control and assurance measures for all classes of cannabis, which include requirements such as labelling THC and CBD content per product and limiting THC doses. Cannabis offences target those acting outside of the legal framework, such as organized crime. Penalties are set in proportion to the seriousness of the offence. No person may sell or provide cannabis to any person under the age of 18. Packaging products in a way designed to appeal to youth is prohibited.

Arguments against legalising marijuana
1. Legalising marijuana is a physical health risk
Those who oppose the legalisation of marijuana noted that there is increasing data linking marijuana use with physical ill health.

A range of adverse health effects have been linked to marijuana use. A report from the American Addiction Centers updated on June 23, 2023, noted that marijuana use had been associated with respiratory difficulties. The report notes 'Marijuana smoke can irritate the respiratory tract-including the throat and lungs. Frequent use over a prolonged period increases the risk of problems such as cough, chronic bronchitis, increased risk and frequency of pneumonia, and other lung illnesses.' Smoked marijuana delivers harmful substances, including many of the same toxins and carcinogens (cancer-causing chemicals) found in tobacco smoke, which are harmful to the lungs and cardiovascular system. More research is needed to understand the effects marijuana might have on lung and other respiratory cancers. Medical News Today has also reported that other studies have demonstrated aggravation of existing lung conditions, such as asthma, when a person smokes it. A weakened immune system has also been noted because of tetrahydrocannabinol, which is the main psychoactive chemical in cannabis.

Marijuana use, particularly smoking, has also been linked to cardiac issues. The United States Centers for Disease Control and Prevention has noted, 'Marijuana can make the heart beat faster and can make blood pressure higher immediately after use.1,2 It could also lead to increased risk of stroke, heart disease, and other vascular diseases.3-7 Most of the scientific studies linking marijuana to heart attacks and strokes are based on reports from people who smoked marijuana (as opposed to other methods of using it). Smoked marijuana delivers tetrahydrocannabinol (THC) and other cannabinoids to the body. Marijuana smoke also delivers many of the same substances researchers have found in tobacco smoke-these substances are harmful to the cardiovascular system.'

Marijuana smoking has also been noted to cause several short-term ill effects. The short-term effects of cannabis on the body can include damaged blood vessels caused by the smoke, decreased blood pressure, which can cause people to faint or pass out, and increased heart rate, which can be a danger for people with heart conditions and can lead to an increased risk.
of heart attack.

It has also been noted that ingesting cannabis rather than smoking the substance poses a different set of health risks, including a greater risk of poisoning. Unlike smoked marijuana, edibles can take from 30 minutes to two hours to take effect, so some people may eat too much, which can lead to poisoning and/or serious injury. Ingestion can also cause intoxicating effects that last longer than expected, depending on the amount ingested, the last food eaten, and medications or alcohol used at the same time. In addition, ingested marijuana can have unpredictable effects. The amount of tetrahydrocannabinol (THC), or the concentration or strength, is very difficult to measure and is often unknown in edible products. Many people who use edibles can be caught off-guard by their strength and long-lasting effects. Symptoms of cannabis poisoning can include chest pain, rapid heartbeat, nausea/vomiting, psychotic episode, respiratory depression, severe anxiety and/or panic attack. A systematic review of 30 studies from the United States, Canada and Thailand shows legalising cannabis is associated with increased rates of cannabis poisoning.

2. Legalising cannabis is a mental health risk
Opponents of legalising cannabis argue that increased use of the drug will result in an increase in the incidence of schizophrenia and other forms of psychosis, particularly among those who take up the habit in adolescence.

'Psychosis' is a term used to describe several psychological symptoms that affect understanding or perception of reality. It commonly occurs in late adolescence or early adulthood and affects around three in every 100 people in Australia. Symptoms of psychosis include confused thinking, delusions, hallucinations and changed behaviours and feelings. During an episode of psychosis, a person's thoughts become confused. Words and ideas lose their meaning or take on meanings that make no sense. These disturbances in thinking can affect a person's ability to concentrate, remember things and make plans. Confused thinking can continue, even after the psychotic episode has ended. Among the delusions that may manifest during a psychotic episode are paranoid delusions where a person believes he or she is being persecuted, abused, or being spied upon. Also common are depression delusions in which, for example, a suffer may believe he or she is guilty of some awful crime. Suffers may also experience auditory or visual hallucinations, believing they can ear or see things that are not there. Such episodes may also be accompanied by strong feeling of isolation or detachment, or perhaps mood swings where the person switches rapidly from extreme excitement to depression.

The relationship between cannabis use and risk of developing symptoms of psychosis has been established in many different review articles over years. SANE Australia, a leading national health organisation for people with complex mental health issues, has noted that cannabis use, even in small doses, can cause paranoia, delusions and hallucinations in people who do not already have a mental illness. Cannabis use can also trigger or worsen psychotic symptoms in people living with an illness like schizophrenia, even when their illness is otherwise stable and responding well to treatment.

It has also been claimed that using cannabis earlier in life increases the likelihood of developing psychosis. According to several studies, people who begin using cannabis in adolescence are more likely to experience symptoms of psychosis or receive a diagnosis of schizophrenia later in life. Cannabis use could also influence the age at which a person begins to experience symptoms of psychosis. A 2011 review of 83 studies found support for a link between early cannabis use and earlier onset of psychosis. Michael T. Compton, a professor of clinical psychiatry at the Columbia University College of Physicians and Surgeons, has stated, 'Very detailed and rigorous retrospective data [have been] collected on the onset of... psychotic symptoms, as well as the initiation and escalation of nicotine, alcohol, marijuana, and other drug use... These findings suggest that adolescent/premorbid marijuana use is not only a risk factor for the later development of primary psychotic disorders... but is also a risk factor for an earlier onset of those disorders.'

Regarding a link between legalising cannabis and an increased incidence psychosis it has been noted that as the number of cannabis dispensaries rose in Colorado after legalisation, the rates of psychosis-related hospital visits increased across all counties in Colorado. The International Narcotics Control Board issued a media release on March 9, 2023, warning that in all jurisdictions where cannabis has been legalized, data show that cannabis-related health problems have increased. It pointed out that between 2000 and 2018, 'global medical admissions related to cannabis dependence and withdrawal increased eight-fold. Admissions for cannabis-related psychotic disorders have quadrupled worldwide.'

3. Marijuana use can negatively affect cognition
There are numerous scientific studies which have demonstrated that marijuana use, both short- and long-term, can impair the users mental functioning.

Studies going back over sixty years and replicated through to the present have demonstrated the harmful effect of marijuana on users' cognitive functioning. Researchers first began studying the acute effects of cannabis on neuropsychological functioning in the 1970s and consistently found disruptions in learning and memory functions. For more than 40 years, researchers have shown that cannabis consumption impairs working memory, or the ability to hold and manipulate information and remember it following a short delay. This finding has been replicated in current research. A 2001 study of chronic cannabis users found that acute intoxication resulted in significant impairment in working memory, and those subjects receiving a higher dose took significantly longer to complete the test tasks. A 2006 study examined attentional capacities in "real world" situations; that is, right before work and immediately after work, at both the beginning and end of the work week. They found that, compared with non-cannabis-using controls, cannabis subjects had significantly impaired attention both at the beginning of the work week and at the end, which was significantly correlated with the subjects' duration of cannabis use.

Short- and long-term use of marijuana has been shown to have negative effects on mental functioning; however, the more sustained the use and the greater the amount consumed increase the extent of the harm done. Research published in 2022 investigated the cognitive effects of long-term cannabis use by studying a subject population of nearly 1,000 New Zealanders from age three to age 45. Some of this group grew up to use marijuana, others did not. The research team discovered that individuals who used cannabis long-term (for several years or more) and heavily (at least weekly, though a majority in their study used more than four times a week) exhibited impairments across several domains of cognition. Relative to the normative IQ of 100, long-term cannabis users had average IQ as children (mean=99.3) but below-average IQ as adults (mean=93.8). Their mean 5.5-point childhood-to-adulthood IQ decline was significantly larger than that observed among lifelong cannabis nonusers. The more frequently an individual used cannabis, the greater the resulting cognitive impairment, suggesting a potential causative link.

Research suggests that adolescents using cannabis can suffer particular harm to their neurological development. Adolescent brain development that continues into the early adulthood years focuses on fine-tuning neural pathways that contribute to brain maturity and developing the prefrontal cortex, which is responsible for assessing situations, making sound decisions, and controlling emotions and impulses. The brain's endocannabinoid system, a signaling system in the body and brain, plays a critical role during these developmental changes. Tetrahydrocannabinol (THC) and other chemicals bind to the endocannabinoid receptors, causing dysregulation of this neurotransmitter system which could potentially result in long-term neurodevelopmental changes. Studies exploring the long-term effects of adolescent marijuana use on cognition, brain structure, and brain functioning compared to adults, suggest that the adolescent brain is far more sensitive to the chemicals in marijuana than the adult brain. Additionally, research indicates that chronic marijuana use during adolescence can lead to a loss of IQ that is not recovered even if the individual stops marijuana use in adulthood.

4. Marijuana negatively affects driver performance leading to increased accidents, injuries, and fatalities. It also increases the likelihood of workplace accidents.
Those who oppose the legalisation of marijuana claim that this increased use of the drug will lead to a significant increase in accidents on the road and in the workplace.

Numerous studies over decades have demonstrated why cannabis consumption increases the likelihood of road accidents. A 2011 overview published in the British Columbia Medical Journal noted, 'There is clear evidence that cannabis, like alcohol, impairs the psychomotor skills required for safe driving. Cannabis intoxication slows reaction time and impairs automated tasks such as tracking ability (staying within a lane) or monitoring the speedometer. In simulator studies, high doses of cannabis caused drivers to "crash" into a sudden obstacle more often.'
Similar conclusions have been drawn from an Australian overview of the effects of marijuana on driving performance published by Drug-Free Australia. The Australian overview stated, 'Attentiveness, vigilance, perception of time and speed, and use of acquired knowledge are all affected by marijuana; in fact, a meta-analysis of 60 studies concluded that marijuana causes impairment in every performance area that can reasonably be connected with safe driving of a vehicle, such as tracking, motor coordination, visual functions, and particularly complex tasks that require divided attention, although studies on marijuana's effects on reaction time have been contradictory. Similar conclusions have been reached by other reviewers. Worse still, marijuana and alcohol, when used together, have additive or even multiplicative effects on impairment. Consequently, on the basis of cognitive studies, it seems reasonable to propose that smoking marijuana may increase the risk of having a fatal traffic accident.'

Statistical data of the incidence of traffic accidents among marijuana users supports studies showing the physiological effect of marijuana consumption on driver and pedestrian competence. A recent Australian study has indicated that cannabis-related accidents are a significant cause of death among marijuana users in this country. The study released in April 2020 found that 559 cannabis-related deaths were identified between 2000 and 2018. The leading cause of death was accidental injury (30 percent), with motor vehicle accidents being the leading cause of accidental injury deaths (75 percent). Emma Zahra, the lead author of the study stated, 'One in five (of the cannabis-related) motor vehicle accident deaths were pedestrians, highlighting that acute cannabis and polysubstance intoxication can affect information processing and perception of risk.' The study indicated that the risk was increased when users combined alcohol consumption with cannabis intake. Zahra has noted, 'Past research has highlighted that polysubstance use is common and increases the risk of harm. When cannabis and alcohol are consumed simultaneously the risk increases considerably.'

Victorian road fatalities demonstrate the same cannabis connection as seen in Australia as a whole. Vic Road has indicated that drug-usage is a major contributor to road accidents. The Vic Roads website claims, 'In the last five years, around 41 per cent of all driver and motorcyclist fatalities who were tested, had illicit drugs in their system. Drivers who take illicit drugs are much more likely to be involved in a crash than drug-free drivers and are often responsible for these crashes.' Data on Victorian drivers killed on the roads between 2012 and 2014 indicated that marijuana was the most implicated of all illegal drugs. Blood samples from drivers and riders killed in road crashes in Victoria over this period showed that THC (the active ingredient in marijuana) was present in 15 percent of deceased drivers and riders, while amphetamine (ecstasy, speed and ice) was present in the blood samples of 10 per cent of deceased drivers and riders. Other illegal drugs were found in the bodies of two percent of those killed.

Finally, as an increasing number of American States have legalised cannabis, a related increase in the number of cannabis-related road accidents has been observed. After legalisation and the launch of retail sales, there was a 5.8 percent rise in the incidence of traffic collision injuries and a 4.1 percent increase in the rate of fatal crashes among five states that have legalised recreational cannabis use for those over 21. In a comparative group of states without marijuana legalisation, the researchers did not see any rise during the same period.

United States data also links workplace accidents with marijuana use. Increased incidence of marijuana use among those involved in workplace accidents has been noted as more American states have legalised the recreational use of marijuana. The Society for Human Resources Management has noted, 'The number of drug tests performed after an accident that came up positive for marijuana grew 204 percent from 2012 to 2022, coinciding with a trend of more states legalizing recreational cannabis use. The post-accident positivity rate was 7.3 percent in 2022, up from 6.7 percent in 2021.'

5. Legalising marijuana would increase supply and use
Critics of legalising marijuana argue that legalisation leads to increased production and consumption with a rise in associated health and road safety problems. It is also claimed that it increases and consolidates the problem of marijuana addiction.

In numerous jurisdictions around the world, the legalisation of marijuana has resulted in its increased production and use. The Canadian government legalised, regulated, and restricted access to cannabis on October 17, 2018. Under federal legislation adults can possess up to 30 grams of legally produced cannabis and can grow up to four cannabis plants per household.
The minimum age for purchase and use is 18. Despite regulation, it appears that there has been a growth in production and use since the drug was legalised. Data from Statistics Canada indicates that in the first year-and-half post-legalization, the legal market expansion essentially matched illegal market contraction. However, since early 2020, increases in legal sales have dramatically outpaced decreases in illegal sales, resulting in increased overall spending. By 2019, more than 5.1 million people nationally, or 16.8 percent of Canadians aged 15 or older, reported using cannabis in the three months before being surveyed. This was higher than the 14.9 percent (4.5 million) reporting use, on average, in 2018 (before legalisation). Professor Iain McGregor. the academic director of the Lambert initiative for cannabinoid therapeutics at the University of Sydney, has expressed reservations about the growth in marijuana production and use in Canada. He has claimed that there had been 'a race to the bottom in terms of price' after people began 'growing in bulk themselves, while eschewing the more expensive products available in street fronts'. Professor McGregor has also claimed that the same issues had been seen in New York, where there was a 'fuzziness' around what was legally being sold and what was not - leading to a cultivation boom that produced a billion-dollar 'weed mountain'.

Longitudal studies showing the impact of legalising marijuana on use of the drug have demonstrated significant increases over time in many American states. Maine's regular marijuana use rate hovered around 12-13 percent between 2003 and 2009; it then increased to 14 percent in 2011, 16 percent in 2013, and 19 percent from 2014 through 2016. After legalisation in 2016, the increase continued to 22 percent in 2017 and almost 24 percent in 2018. Similarly, marijuana use in Massachusetts began increasing in 2012, several years prior to its legalisation in 2016. Maine and Massachusetts track the pattern previously seen with early legalisers (Colorado, Washington, Alaska, and Oregon) of increases in use prevalence in the few years leading up to legalization and steeper increases after. It has been noted that in states in the United States where recreational cannabis use has been legalised, the drug is consumed 20 percent more frequently than in states that did not legalise it. Another concern is that in states where recreational cannabis has been legalised, its use among adolescents has increased. There are several studies examining cannabis use changes over time among adolescents in Washington and Oregon that have found higher rates of cannabis use after the legalisation of cannabis compared before the drug was legalised.

Not only have studies revealed that legalisation leads to an increased use of marijuana, but they have also found that legalisation appears linked to more problematic use. That is, legalisation appears to be followed by an increase in drug users who have problems regulating their use and whose lives are adversely affected by their use. In a 2019 study, researchers focused on the first four American states to legalise marijuana - Colorado, Washington, Oregon, and Alaska - and divided the findings among adolescents (12 to 17), young adults (18 to 25), and older adults (26 and older). The researchers found marijuana use, frequent use, and cannabis use disorder increased more among older adults in states where marijuana was legalised than in non-legalisation states. Among older adults in legalisation states, past-month use went from 5.65 percent to 7.1 percent, past-month frequent use went from 2.13 percent to 2.62 percent, and past-year cannabis use disorder went from 0.9 to 1.23 percent. Some early data from Colorado, one of the first two American states to legalise, supports the claim that legalisation increases the likelihood of addiction among older established users. A 2014 study of the state's legal marijuana market, conducted by the Marijuana Policy Group for the state's Department of Revenue, found the top 29.9 percent heaviest users in Colorado made up 87.1 percent of the demand for the drug.


Further implications
Legalising recreational cannabis needs to be carefully managed if it is to give the benefits its supporters want without opening up corporate exploitation and mass markets which could lead to some of the problems associated with the legal sale of tobacco-based cigarettes.

As a parallel instance, the involvement of international pharmaceutical companies has created problems with the supply of medicinal cannabis since its legalisation in Australia. New research from the University of Sydney's Lambert Initiative finds most Australians are still medicating with illicit cannabis, although numbers accessing prescription products have risen dramatically. The driving force behind the continued use of illicit cannabis is the cost of the legally supplied product which is an estimated average of $79 per week.

Those using the illegal product have been denied the advantages of quality and dose control that come with the prescription product, but many are driven back to the 'green market' or grow their own product because they cannot afford the cost of the alternative. The Medicinal Cannabis Users Association has found that 48 percent of the patients that received scripts were not able to afford to get them filled. Australia currently relies on overseas pharmaceutical companies to supply medicinal cannabis and the result is a product outside the reach of many users. One medicinal cannabis advocate, Deb Lynch, has noted that local suppliers are being bought out by their overseas competitors. Lynch has stated, 'Many of the Aussie companies are being swallowed up by big international players. Some have had harvests, and their products have gone offshore. There are still literally no Aussie products available.'

Similar concerns have been raised regarding what might occur if recreational cannabis were legalised in Australia. There are apprehensions that cannabis may come to be produced and promoted by international mega corporations as a safer alternative to cigarettes, with all the potential for increased consumption that this prospect suggests. As an indication of Big Tobacco\s interest in the commercial supply of cannabis, in July 2023 it became known that multinational tobacco company Philip Morris had agreed to purchase Israeli cannabis company Syqe Medical for $650 million. Here the concern is not that there would be a relative shortage of supply, as is the case with medicinal cannabis in Australia. The hazard is the reverse, mass supply, for a mass market (which could also lead to increased illegal use of cannabis by children).

The model proposed by the Greens for legalising, producing, and distributing cannabis is deliberately designed to avoid the problems associated with large-scale commercial production. Greens senator Shoebridge has stated that the consulation over his party's draft bill had revealed that Australians do not want an overly corporatised scheme. Thus, the Greens are proposing a legal marketplace prioritising cottage industries and co-ops. One major obstacle to this vision, however, is that the Greens are promoting legalised recreational cannabis as a source of taxation revenue. On both a federal and a state level the Greens will only be able to have their cannabis legalisation bills passed if they can attract the support of one of the major parties. This may only come with the promise of substantial taxation returns from the product. Unfortunately, heading down this path could lead to the involvement of mega corporations and the mass consumption their marketing models rely on.

When legalising recreational cannabis in 2017, Canada also intended to avoid the mass corporatisation of the market. However, recent developments suggest they may not be successful. British American Tobacco has since bought a nearly 20 percent stake (US$ 175.8m) in Canadian cannabis producer Organigram, while Altria (parent company of Philip Morris USA) has invested US$1.8bn for a 45 percent stake in Cronos, one of the "Big Four" of the Canadian cannabis industry, and Imperial Brands have bought almost 20 percent (or US$93.6m) of Auxly Cannabis, another Canadian cannabis company.