ACT legalises individual cannabis use but warns smokers they’re not protected from federal laws
Cannabis law the ‘will of the people’: ACT warns Commonwealth not to interfere
Federal Lawyer-Common Christian Porter has written to the ACT Government to warn the territory’s new cannabis laws do not deliver the legal protections it aimed to realize.
- The ACT Parliament passed adjustments that legalised the possession of up to 50 grams of cannabis per individual
- But Lawyer-Common Christian Porter mentioned the ACT laws did not deliver a defence to federal laws that criminalise this possession
- He has advised the territory that it is nevertheless against the law to possess cannabis in the ACT
The new laws passed final month, permitting for the possession, use and cultivation of modest amounts of cannabis.
“Their law has not accomplished what they consider it does, which is deliver some sort of defence or out for individuals who would be possessing cannabis in the ACT, it does not do that,” Mr Porter told the ABC’s Insiders plan.
“They’ve not accomplished what it is I consider that they set out to realize, legally.”
The adjustments legalise the possession up to 50 grams per individual and a maximum of 4 plants per ACT household.
The legislation conflicts straight with Commonwealth laws prohibiting the possession of cannabis.
Mr Porter created the conclusion just after his workplace final week saw the complete information of the adjustments.
“The Commonwealth law that criminalises possession of cannabis in amounts beneath 50 grams is nevertheless valid law in the ACT,” Mr Porter mentioned.
“The ACT laws removed the criminal element at a Territory level but didn’t establish something that is a optimistic correct to possess, which indicates there’s no defence to the Commonwealth law that criminalises amounts beneath 50 grams.
“So my guidance and the guidance that I’ve offered to the ACT Lawyer-Common is that it is nevertheless against the law of the Commonwealth to possess cannabis in the ACT.”
On Sunday, Mr Porter wrote to his ACT counterpart Gordon Ramsay to express his warning.
“I would anticipate that ACT Policing will continue to enforce ACT and Commonwealth drug laws in accordance with their processes and procedures for investigating suspected breaches of criminal laws,” Mr Porter wrote.
The new laws will come into impact early subsequent year and have been the topic of substantially criticism from senior federal ministers.
Final week Mr Ramsay warned Mr Porter against any challenge to the legislation.
“The Act has been passed by the ACT Legislative Assembly as a self-governing physique with the authority to make laws for individuals of the ACT,” Mr Ramsay wrote.
“I reiterate my earlier guidance that this legislation expresses the will of the ACT individuals and convey my deep concern must the Commonwealth seek in any way to overrule and intervene in the democratic processes of the ACT.”
The ACT Government has been contacted for comment.