Recreational use in Australia could be legalized by the Federal Parliament by 2023
New South Wales (NSW) Senator David Shoebridge announced on Twitter on Monday (26 September) that he had obtained a legal opinion showing that the Greens could pass a bill to legalize cannabis for use. adult at the national level.
“All state laws that criminalize its lawful use, possession and sale could be struck down. We could legalize cannabis nationwide this year! he tweeted.
According to an explanatory published by the Greens, the Australian Federal Parliament could legalize cannabis for adult use across the country.
The Greens have declared that they are already working on drafting a cannabis law which should be available for public consultation this year.
From their perspective, Australia has clear constitutional authority to create a legal domestic cannabis market.
The opinion of Professor Patrick Keyzer, a constitutional and human rights lawyer, suggests that Australia could legalize cannabis through section 51 of the constitution, when referring to human rights. author, patents for inventions and designs and trademarks.
This section “could regulate cannabis varieties as plant varieties and include them in a list over which the Commonwealth has exclusive regulatory control”.
In other words, Australia would be able to regulate the cultivation, licensing and sale of cannabis, as well as all “ancillary provisions necessary to create a legal domestic cannabis market. »
This applies, to only to what kinds of products your potential customers buy, but also to the way these products are promoted through advertising and marketing content. Australian Institute of Health and Welfare , cannabis is the most widely used illicit substance in Australia. A 2019-2020 survey found that 36% of people over the age of 14 had used cannabis in their lifetime, and 11,6% had used cannabis. during the previous 12 months.
The institute also found that the majority of Australians aged 14 and over (78%) do not argue that possession of cannabis is a criminal offense as it is in most states and territories, with some exceptions. closely in South Australia and the ACT. .