Proposal to De-criminalise Recreational Cannabis Use in Australia

end to De- viciousise Recreational hangmans halter role in AustraliaIn Australia in that respect is a metaphorical war on medicines that has failed comprehensively and as a dissolver there is an ever-increasing level of support for the thrust for dose reform.1 There argon a plethora of do medicines offences that relate to marihuana and a mannequin of statutory doctrines coered by both Commonwealth and State righteousness which aid in the prosecution of medicate offences. The following report holds an overview of drug offences in NSW with a focus on hangmans rope. As well as an examination of constitution issues associated with the unlawfulization of inexpert halter and potential risks and take ins associate with alternative wakeless mannequins, in addition to a recommendation relating to the decriminalization of hempen necktie. dose OffencesThe drug offencescovered under the drug Mis subroutine and Trafficking impress 1966 (NSW) (DMTA) include affair, pigh eadedness, tally, trafficking,cultivation and manufacturing of forbid plants and drugs as well as aidingand abetting and pickings part in offences involving prohibited drugs and/orplants. These polices apply to cannabis as the substance is a prohibited drug asspecified in Schedule 1 of the DMTA andis a prohibited plant as draw in s 3. Additionally, cannabis is a poisonsand can be engraft under s 8 of the Poisonsand Therapeutic Goods recreate 1966 (NSW), cannabis is a Schedule Nine substanceand therefore is a substance which whitethorn be mis routined or ab intentd and themanufacture, possession, sale and/or practice session is prohibited by law2 Under s 40 of the DMTA the deemed drug provision, makesit an offence to attempt to tack on or misrepresent a legal substance as anillicit drug e.g. representing parsley as cannabis. The rendering of supply ins 3 makes the offence complete upon fashioning the offer contrary to whether supplyeventuates or whether there was an intenti on to supply is irrelevant. Under s29 of the DMTA where a soul is ready to be in possession of a certain amount of a prohibited drug it isassumed that they ar a drug trafficker, for cannabis throw this weight is300grams and the onus falls on the accused to prove early(a)wise. Traffickableoffences in any case include possession of prohibited plants (s 23) and supply ofprohibited drugs (s 25) as outline in the DMTAand carry fines of 2,000 penalty units and/or 10 years imprisonment. DMTA prohibits the manufacture, supply,possession and/or use of prohibited drugs including cannabis. There argon a diversity of drug offences in NSW. As outlined in Pt 2 Div 1 of the DMTA including possession (s 10) and self-administration(s 12) which argon summary offences and mean that an individual is nonimmune for afine of 20 penalty units and/or 2 years imprisonment (s 21).3 Unders 11 of the DMTA it is an offence tobe in possession of equipment for administration of prohibited drugs. The Poiso ns and Therapeutic Goods Act 1996 (NSW) also assists in theprosecution of drug offences as it regulates, controls and prohibits the supplyand use of different categories of drugs of which cannabis is classified as adrug of addiction thus a prohibited substance under Schedule 9 of the PoisonsAct. The above-mentioned statutory doctrines must also coincide with theelements of criminal offences mens rea and actus reus before a person isfound guilty.Major insurance issuesStatutorydoctrines and court decisions created to assist in the prosecution of drugoffences ask contributed to the over criminalisation of drug-related doingss. medicine policy in NSW is increasingly concerned with promotingapproaches to minimise health risks and other violates caused by the use ofcannabis and other legal and prohibited drugs.4There argon a chassis of practical and ethical policy issues that argon associatedwith the criminalisation of cannabis. legion(predicate) policy issues arise regarding harmm inimisation through remediation criminalisation and harm minimisation. Thisincludes the marihuana Cautioning Scheme (CCS)which was introduced in 2000 and is a egg cautioning of adult offendersdetected for minor offences relating to cannabis. As well as the medicinalCannabis Compassionate Use Scheme (MCCUS)which allows legal philosophy to use their tact as whether or non to cautionterminally ill patients.5 a nonher(prenominal) policyissues that arise as a result of criminalisation include a lack of medicalsupervision inevitably leading to the blossom to preventable disease, overdosedeaths, adulterated substances, drug related violence, distraction of policeresources. Prohibition is counterproductive it causes significant harmsadditional to those resulting from drug use or else of funding for health andsocial services funding is diverted to law enforcement, prosecution andincarceration.6 There ar concerns as to criminalisation overtargeting umpteen low risk offenders much(p renominal) as those dealt with under the CCS.7This encroaches on users feelings of in-person and financial protective cover as it is much low level offences that are being dealt with pushing users further intopoverty.8 Thereis a slow movement in Australia to decriminalise cannabis however the CCS is a punishment sodisproportionate, because even if you end up having no real penalty you have acharge, the repair on employment opportunities and family can be lifelong.9The answer of criminalisation is often questioned and policy is concerned aswhether there are benefits to criminalisation or whether criminalisation isimplemented as it is a highly visible solution to real and perceived harmsand risks associated with the recreational use of cannabis.10 Theframework is increasingly utilised as it can be enacted quickly, is visible andis often correlated with a strong presidency. It is a common opinion that theNSW judicature are contradicting their actions and intentions betweenattempt ing to criminalise cannabis while minimising the harms associated withdrug use which is back up by Tadeh Karapetians statement the political relations mark of minimising harm has been undermined by the criminalisation policy,through the stigmatisation of cannabis users, the preservation of the blackmarket, the limitations of diversion schemes and the restriction of medicinaluse. 11 Recently, the hook of whitlow assembl time in NSW, extended criminal obligation for drug offences,fortunately, the mellowed Court prevented on over reaching prosecution attempts toextend criminal liability in drug offences. In the case of Burns v The faerie the High Court found that unlawfully supplying adrug to someone does not by itself, form the basis for unlawful and formidableact manslaughter.12 However, if supplying a drug did amount tomanslaughter, over criminalisation would occur. As a result, users andsuppliers would be more reluctant to call political science for assistance for fearof bei ng penalised and the criminal legal expert system would be over-exhausted andburdened as a result.13 It is estimatedthat Australians spend over $7 cardinal on cannabis annually, this is a concernfor the Government as they are losing out on a potential revenue stream bycriminalising cannabis use.14The National Drug Strategy Household Survey 2013 found that the recent use ofcannabis in NSW dropped from 16.7% in 1998 to 9.5% in 2013, this is a concernfor policy makers as it cannot be concluded that the data does not support thenotion that a criminalisation policy is more strong in preventing cannabisuse.15While the current policy criminalises the use of cannabis, policy is graduallyde-criminalising cannabis and central to the policy debate is the belief thatcannabis is a gateway drug that raises concerns as to what other drugs users may be exposed to if cannabis is de-criminalised.16 Alternative Legal FrameworksA national drugpolicy has been implemented in Australia since 1985 and a ccepts that theeradication of illegal drug use is not achievable. Instead it aims to minimiseharm by trim down expect and supply.17Thereare multiple different legal frameworks the govern the use and supply of drugsDepenalisationmeans drug use and possession carry lighter criminal penalties, whilst drugsupply remains a criminal offence.18 Abenefit of this framework is that drug supply is still illegal which may assistin reducing the amount of cannabis that is supplied to users. Another benefitis that users are able to use the drug with a lesser penalty which may detersome users. Conversely, due to the lesser penalty, users may use cannabisrather than a drug that has harsher penalties. This will be detrimental to thegovernment as they will be spending money in browse to assist in imposinglighter penalties such as go drug facts of life and intervention services.19 Decriminalisationresults in drug use and possession no longer carrying criminal penalties butare replaced with polit e penalties. Those who use or possess drugs may still be charged especially if fines are not paid or attending assessments are notcomplied with.20The supply of drugs is still a criminal offence. Many politicians are concernedthat the decriminalisation of cannabis would send the wrong message.21Additionally, lookes have supported this argument, arguing that removingcriminal penalties would lead to plusd drug use, with harms falling hardeston the deprived communities that are already the most damaged by drug-relatedproblems.22Conversely, research undertaken in Sweden has shown that as a result ofdecriminalisation, drug use does not increase among existing or new users, butreduces demand on, and the cost of the criminal arbiter system.23 Theremay be reductions in rugged drug use, drug-related HIV and AIDS, deathsand reduced social costs of responding to drugs.24However, the way decriminalisation is implemented may affect the extent ofnet-widening which is an increase in the numbe r of people arrested or charged.25 Legalisation theuse and supply of cannabis is legal.26 or soone in four Australians (26%) believe that the recreational use of cannabisshould be legal.27The biggest risk is that supplying the drug is legalised. This makes itdifficult to control the risks and harms associated with cannabis. Many peoplemay abuse the legalisation of cannabis and treat it as a gateway drug toharsher and riskier drugs. It may result in reducing black market and criminalnetworks associated with cannabis drug trading, shift in responses and fundingfrom the police and the criminal justice system towards heath, treatment andeducation programs. The taxes raised from the legalisation of cannabis could beused for the benefit of the community. By legalising cannabis there may be asignificant increase in drug use, based on the harms and costs associated withlegal drugs such as alcohol and tobacco. RecommendationIt is essential that Governments recognises that they cannot strict ly control the behaviour of citizens.28 In response to the War on Drugs, the government needs to give ending the criminalization, marginalization and stigmatization of people who use drugs but who do no harm to others and Encourage experimentation by governments with models of legal rule of drugs to undermine the power of organized crime and safeguard the health and security of their citizens.29 The civil penalty applicable to minor cannabis offences creates fairness and justice as it is a more proportionate response. As a result, criminal justice resources will be freed up and civil penalties will commit a revenue for the NSW Government. The only way toachieve goals of rational drug policy is to replace black market for drugs withform of legal accessibility under highly regulated system, this means that theNSW government should consider the non-commercial model which is popular inUruguay, and allows the government to retain control over the production andsale of cannabis.30 Th ereshould be a minimum age purchase such as 21 in the case of carbon monoxide or 18 inUruguay.31The drug should be purchased through pharmacies, with there being a limit onhow much can be purchased per month as well as the purity, what forms it can besold, the fostering and responsibilities of suppliers, education about the drugand much more.32ConclusionAs a result of theineffective war on drugs, there has been a global movement for drug lawreform.33 FormerVictorian police commissioner mint Lay, has explained that you cant arrestyour way out of this problem, demonstrate the need for the NSW Government toreconsider the drug policy in regards to the recreational use of cannabis.34The key drug offences and major policy issues associated with the recreationaluse of cannabis is over criminalising and as a result placing strain on lawenforcement and users. The government needs to be more concerned with harmminimisation rather than prohibition because drug law enforcement has hadlittl e impact on the Australian drug market.35In conclusion, with the application of sensible and jolly strict criteriathe decriminalisation of cannabis for recreational cannabis would benefit theNSW justice system, users and the community.BibliographyA Articles/Books/ReportsAustralianInstitute of health and Welfare, Australian Government, alcoholic beverage & otherdrug treatment services (2018) CaitlinHughes and Alison Ritter, A Summary ofDiversion Programs for Drug and Drug-Related Offenders in Australia (2008)National Drug and Alcohol interrogation CentreCannabis legalisation what model for regulation?(7 December 2017) Alcohol and Drug assCentrefor medicinal Cannabis inquiry and Innovation, Review of the Medicinal Cannabis Compassionate Use Scheme (2016)NSW GovernmentConrad,Chris, Hemp for Health The Medicinal andNutritional Uses of Cannabis Sativa (Healing Arts Press, Rochester, 1997)Drug Programs and Initiatives(2018) NSW GovernmentFeatherston,James, Simon Lenton, Effects of the westbound Australian Cannabis InfringementNotice Scheme on domain Attitudes, Knowledge and Use Comparison of Pre- andPost-Change Data (2007) National Drug look for Institute Curtin and CurtinUniversity of Technology Hari,Johann, About Drug indemnity Australia(2018) Drug policy Australia Hall,Wayne, Pacula Liccardo, Rosalie, Cannabis Use and Dependence in the public eye(predicate) Health and customary Policy (The Press Syndicate of the University of Cambridge, 2003)Hughes,Caitlyn, Alex Stevens, What Can We Learn From The Portuguese decriminalisationof extramarital Drugs? (21 July 2010) TheBritish daybook of CriminologyGettman,Jon, Top 10 Marijuana Policy Issues For2018 (2 January 2018) High Times Gotsis,Tom, Chris Angus and Lenny Roth, Illegal Drug Use and Possession trustworthyPolicy and Debates (Briefing Paper No 4, NSW Parliamentary look Services,2016)Featherston,James, Simon Lenton, Effects of the westerly Australian Cannabis Infringement Notice Scheme on Public Attit udes,Knowledge and Use Comparison of Pre- and Post-Change Data (2007) NationalDrug investigate Institute Curtin and Curtin University of Technology Lee,Nicole, Alison Ritter, AustraliasRecreational Drug Policies Arent Working, so What are the Options for Reform?(2 March 2016) The ConversationMostyn,Ben, Helen Gibbon and Nicholas Cowdery, The Criminalisation of Drugs and the count for Alternative Approaches24(2) Criminal JusticeStateLibrary smart mho Wales, Drug fair plays in NSW(29 October 2015)http//legalanswers.sl.nsw.gov.au/drugs-and-law-hot-topics/drug-laws-nswStateLibrary New southerly Wales, Drug Offences(1 October 2016) StephenOdgers, Editorial Drug jurisprudence Reform (2014) 38(6) Criminal Law JournalKarapetian,Tadeh, Criminalisation of Cannabis in NewSouth Wales Is Harm minimisation Going Up in Smoke? (2017) University ofNew South Wales Law Journal Student Series 17BCasesBurns v The Queen2012 HCA 35CLegislationDrug Misuse and Trafficking Act 1985(NSW)Poisons and Ther apeutic Goods Act1966 (NSW)1 Ben Mostyn, HelenGibbon and Nicholas Cowdery, TheCriminalisation of Drugs and the Search for Alternative Approaches 24(2)Criminal Justice, 265.2 Poisons and Therapeutic Goods Act 1966 (NSW)3 Drug Misuse and Trafficking Act 1985(NSW)4 Johann Hari, About Drug Policy Australia (2018) DrugPolicy Australia 5 Centrefor Medicinal Cannabis Research and Innovation, Review of the Medicinal Cannabis Compassionate Use Scheme (2016)NSW Government 6 Mostyn,above n 1, 265.7 Tadeh Karapetian, Criminalisation of Cannabis in New SouthWales Is Harm Minimisation Going Up in Smoke? (2017) University of NewSouth Wales Law Journal Student Series 17.8 ibid.9Caitlin Hughes andAlison Ritter, A Summary of DiversionPrograms for Drug and Drug-Related Offenders in Australia (2008) NationalDrug and Alcohol Research Centre 10 Tom Gotsis, Chris Angusand Lenny Roth, Illegal Drug Use andPossession Current Policy and Debates (Briefing Paper No 4, NSWParliamentary Research Services, 2016) 1 9.11 Karapetian,above n 9.12 Burns v The Queen 2012HCA 35.13 Mostyn, above n 7,26414 Ibid.15 Ibid.16 Wayne Hall, RosalieLiccardo Pacula, Cannabis Use andDependence Public Health and Public Policy (The Press Syndicate of theUniversity of Cambridge, 2003) 4.17Gotsis, above n 12.18 Ibid.19 Ibid.20 Lee, above n 18, 26.21 Caitlin Hughes, AlexStevens, What Can We Learn From The Portuguese Decriminalization of IllicitDrugs? (21 July 2010) The British Journal of Criminology 50(6)22 Ibid.23 James Featherston,Simon Lenton, Effects of the horse operaAustralian Cannabis Infringement Notice Scheme on Public Attitudes, Knowledgeand Use Comparison of Pre- and Post-Change Data (2007) National DrugResearch Institute Curtin and Curtin University of Technology 50-62.24 Lee, above n 18, 26.25 Ibid.26 Ibid.27 AustralianInstitute of Health and Welfare, Australian Government, Alcohol & other drug treatment services (2018)28 Karapetian, above n, 9.29 Mostyn,above n 1, 262.30 StephenOdgers, Editorial Drug Law Reform(2014) 38(6) Criminal Law Journal, 335.31 Ibid.32 Ibid. 33 Mostyn, above n 1, 269.34 Lee,above n 18, 2635 Ibid.