Territory becomes first jurisdiction in Australia to legalise possession of up to 50 grams of marijuana and two plants

This article is more than 1 year old

This article is more than 1 year old

Possessing and growing cannabis for personal use will become legal in Australia’s capital.

The laws, which don’t come into effect until 31 January, were passed in the ACT Legislative Assembly on Wednesday afternoon.

They will allow Canberrans over 18 to possess 50 grams of cannabis and grow two plants.

The ACT attorney-general, Gordon Ramsay, told the assembly it was time to treat drug addition like a health issue rather than an issue of “right and wrong”, which is why the laws would be accompanied by more drug and alcohol services and the introduction of specific drug courts.

He acknowledged possessing and growing cannabis would remain a federal offence, and the risk of prosecution was “not entirely removed”, but “in practice” the laws would not apply.

Cannabis prohibition doesn't work anywhere. It's New Zealand's turn to legalise it | Helen Clark Read more

The ACT shadow attorney-general, Jeremy Hanson, told the assembly on Wednesday the Liberal opposition would not be supporting the bill as it was badly drafted and would lead to a number of “perverse outcomes”.

He said it would encourage more people to use cannabis – which medical professionals say would lead to increased rates of psychosis – and more people would be charged with drug-driving.

And the fact it conflicted with commonwealth law would be confusing for police.

“This puts not only individuals at a greater level of risk but our police will be out there on the beat working in this unclear legal framework,” Hanson said.

A review of the laws will be conducted within three years.

Residents of the bush capital wouldn’t be able to light up immediately, with the ACT’s health minister needing to sign off on when the law would come into effect.

Labor backbencher Michael Pettersson, who introduced the private members bill, said a defence exists for cannabis use under commonwealth law if the use is excused or justified by state or territory law.

“Commonwealth law has been written with the express understanding that there are differences,” Pettersson said.

Medicinal cannabis: the hype is strong, but the evidence is weak Read more

“I don’t think it’s particularly likely the commonwealth government will try to fight this.”

The federal attorney-general, Christian Porter, said the bill was a matter for the ACT, but where commonwealth laws applied they remained enforceable.

A spokeswoman for ACT chief minister Andrew Barr said the government had consulted with ACT Policing and the Commonwealth Department of Public Prosecutions.

A spokesman for federal health minister Greg Hunt said any problems with commonwealth law were a matter for the attorney-general, but the federal government did not support legalising cannabis for recreational use.

Amendments made to the original bill require cannabis to be kept out of reach of children, and bar adults from using it near children or growing it in community gardens.

It’s not the first time laws introduced by the territory have clashed with federal laws.

In 2013, the capital legalised same-sex marriage only to have the federal government revoke the law after it took a challenge to the High court.

Before that, in 1995, the Northern Territory legalised voluntary euthanasia only to have the federal government later legislate to stop the nation’s territories from specifically introducing assisted dying.