Reform of the cannabis landscape in New South Wales is not only needed but is the “only rational course of action”, a parliamentary report has concluded, as the government was urged to soften the existing hardline approach to prohibition.
Following two days of hearings in August to discuss the impact on society of the state’s cannabis regulatory framework, a 148-page report was tabled late last week by the premier and finance committee.
Writing in the report, the committee’s chairman, Legalise Cannabis MP Jeremy Buckingham, said its members were “persuaded that the current penal approach to cannabis is unduly punitive”.
And while conceding the position of NSW premier Chris Minns meant decriminalising cannabis was currently off the table, that did not mean steps shouldn’t be taken to address the inequality, economic burden and “significant harm” the current regime is causing, he said.
“The committee strongly believes that this must not deter the government from pursuing a rational, staged and evidence-based policy that addresses the growing need for legal and regulated cannabis markets,” Buckingham wrote.
“The majority of committee members are persuaded that at least initial reforms should be considered by government.”
The committee includes three members of the ruling Labor Party, along with two Liberal Party MPs. A dissenting statement issued by the Coalition members said recommendations should not be made before the inquiry had heard from all stakeholders, including NSW Police.
Among the recommendations presented to the government was reducing the maximum penalty for possession from two years to three months, or making it a fine-only offence, amending the rules to ensure the ‘gifting’ of cannabis is treated as possession and not supply, and the introduction of a medical legal defence for drivers who test positive for THC.
The report came as policymakers, health experts, regulators and law enforcement officials met in regional NSW for the long-awaited drug summit.
Among those taking part is Cannabis Council Australia (CCA) which, during a series of workshops, will push the case for driving law reform in addition to addressing the barriers to medicinal cannabis, particularly in rural and regional communities.
“Driving reform is about restoring dignity and the basic right to participate fully in society, especially for patients who have already faced incredible hurdles to find effective treatment,” CCA industry and government engagement lead Matthew McCrone said.
An Alternaleaf patient will also tell her story, explaining that while medicinal cannabis has “given me my life back”, the driving laws “still keep me behind closed doors”.
The premier and finance committee report, while largely focused on the treatment and penalties handed out to recreational users, found that further investigation was required to explore the barriers to medicinal cannabis access.
It noted that high prices and low coverage in regional areas were among the issues forcing patients with genuine medical needs to source cannabis from the illicit market.
The drug-driving rules were also a barrier, with patients “unfairly criminalised”, the report stated.
In a further finding, the committee said medical access schemes were likely being used to “facilitate both medicinal and recreational use, leading to an arbitrary distinction between those who lawfully possess cannabis and those who do so in breach of the law”.
