Cannabis decriminalisation in NSW shot down by premier on day of parliamentary inquiry (2024)

The NSW premier has ruled out the decriminalisation of cannabis, despite legal organisations, researchers and peak industry groups telling a parliamentary inquiry doing so for personal use would save money and reduce disproportionate punishments.

The groups backed a change in submissions to a parliamentary inquiry examining the historical development, socio-economic impact and financial cost of cannabis prohibition in NSW that begins today.

However, Premier Chris Minns said he would stand by an election promise not to change the laws around criminalisation.

"We're not going to break an election commitment," he said.

The government has been under pressure to overhaul the state's approach to drugs and it has announced a drug summit for the end of the year.

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Many of the 300 submissions to the inquiry highlighted the 2020 recommendations of an $11 million inquiry into the drug ice, which included decriminalising low-level illicit drug use in favour of a health-based approach.

The NSW Council for Civil Liberties (CCL), whose representatives will be among the inquiry's witnesses, said there was consistent evidence decriminalisation doesn't encourage or increase drug taking in the community.

"In fact, decriminalisation may have the opposite effect, as more people are able to access advice, support and treatment for any problematic health issue resulting from drug use," the CCL's submission said.

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It argued regulation of cannabis would enable the government to maintain oversight of the market and prevent it from being "dominated by large corporations and organised crime groups".

"The dominant 'prohibition' model of legislation in this field has failed in its goal of preventing widespread cannabis use, and consequent or coexisting vulnerabilities, especially amongst young people," the CCL said.

Arrests for cannabis continue to rise despite de facto decriminalisation

Submissions discussed the potential long-lasting consequences of drug possession charges, including a conviction which follows a person through life.

Material sent to the inquiry from The Drug Policy Modelling Program at UNSW — the country's leading drug policy research program — said this could impact future employment, education prospects, relationships, ability to secure finance for housing and travel.

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NSW currently has de facto decriminalisation in the form of a caution scheme, which allows police to use discretion and issue cautions instead of charges for the personal use of cannabis.

A "small quantity" of cannabis leaf in NSW is considered 30 grams or less.

But the Drug Policy Modelling Program submission said despite this, arrests and prosecutions had continued.

It cited figures from the Bureau of Crime Statistics and Research showing arrests for cannabis represented nearly half of all arrests for drug use or possession in NSW between 2017 and 2021.

Data also suggests discretionary cautions are unevenly applied by police, with Aboriginal people more likely to be pursued through the courts, the research program said.

A submission from the Australian Lawyers Alliance (ALA) also pointed to this discrepancy, noting "with concern" statistics spanning the last decade of the caution scheme's operation that suggest "differential treatment" of Aboriginal and Torres Strait Islander people.

"The ALA considers that a drug policy focused on prohibition or criminalisation is counterproductive," the alliance said.

"We submit that the total criminalisation of cannabis use in NSW has not worked."

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According to Legal Aid NSW, decriminalising personal possession of drugs would result in measurable savings to the health and justice systems.

"The current regulatory framework results in disproportionate harms to Aboriginal people, people from low socio-economic backgrounds and people from regional areas," its submission said.

The Aboriginal Legal Service NSW/ACT believed the cost savings would be "significant", with research showing it costs the state nearly $1,000 per prosecution for an offence involving a small amount of drugs.

The state's bar association called the decriminalisation of personal possession "appropriate" given the "ineffectiveness and the harms caused by criminalisation".

Concerns of drug driving in state

Several submissions raised concerns about the offence of driving with the presence of an illicit substance, arguing roadside testing can register a positive reading even if tiny traces of the substance are present.

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Heavy fines and potential loss of a driver's licence disproportionately impact people in rural and remote areas, Legal Aid NSW said.

Medicinal cannabis has grown in NSW in recent years. According to the Therapeutic Goods Administration, there have been almost 100,000 approved medicinal cannabis applications since 2017, with nearly 19,000 in 2024 so far.

"There have been major changes in terms of access to medicinal cannabis in the community, and they're prescribed by doctors for particular ailments that see that the growth in that to be massive," Mr Minns said.

"I'm not going to curtail that."

However, one issue related to medicinal cannabis is those prescribed being charged with driving under the influence of a drug.

The Transport Workers' Union said the relationship between medicinal cannabis, impairment and driving ability was "a complicated subject" and said further studies to determine the true effects on driving capability were required.

"What makes the discourse complex are the challenges in determining levels of impairment a driver may suffer, and by extension, the effects of said impairment on their driving ability," the union said.

A submission from the Alcohol and Drug Foundation said testing for the presence of THC, the main psychoactive substance in cannabis, was a "complex issue" for those prescribed medicinal cannabis because they may register a positive result despite not being impaired.

"While the need for road safety is an imperative, the current approach penalises people who are not impaired – undermining the purpose of the law," the foundation said.

The Royal Australian and New Zealand College of Psychiatrists (RANZCP) supported the decriminalisation of cannabis use for adults and suggested a public health campaign to warn residents of the potential harm would be beneficial.

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This would replicate the approach taken in the ACT, the college said, describing the interrelationship between cannabis use and other mental disorders as "a core concern for psychiatrists".

A proposed law introduced last year would make it lawful for an adult to possess small quantities of cannabis for personal use.

The parliamentary inquiry, chaired by Legalise Cannabis MP Jeremy Buckingham,will hold a second day of hearings in Lismore next month and a third day, which is yet to be scheduled.

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Cannabis decriminalisation in NSW shot down by premier on day of parliamentary inquiry (2024)
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