Cannabis reform raises conflict between state and federal laws
Diverse approaches to drug enforcement and prosecution across Australia are not uncommon
Sunday, September 29, 2019
The ACT parliament passed significant reforms in regard to cannabis. Whilst the headlines called it "cannabis legalisation" the actual change was rather mild – a reform of territory offences allowing for the possession of 50 grams of cannabis as well as the cultivation of cannabis plants — two plants per person, with a cap at four plants per household. The proposal avoided political controversies associated with the large-scale cultivation, manufacture and sale of cannabis – preferring a "home-grown" approach to cannabis consumption. Questions have been raised about how this legal change will relate to Commonwealth laws that criminalise cannabis possession. Generally when a state or territory law conflicts with the Commonwealth – the Commonwealth prevails.