Wednesday, 19 June 2024

Petitions

Cannabis law reform

Rachel PAYNE (South-Eastern Metropolitan) (17:34): I move:

That the petition be taken into consideration.

It is with great pleasure that I rise to speak to Legalise Cannabis Victoria’s petition to allow for the consumption and possession of small quantities of cannabis in Victoria. Firstly, a huge thankyou to the 2785 Victorians who signed our petition – what a great effort, which only occurred over three days. Thanks to you, we can stand in this place and force the government to come to the table to talk about cannabis. We are here to let them know that it is time for change and the time for change is now. Our petition recognises the many failures of the criminalisation of cannabis. It has failed to reduce demand or supply in the illicit market. It has failed First Nations people, who are eight times more likely to be arrested for the possession of cannabis than non-Indigenous people, and it has failed the budget bottom line by shovelling millions into law enforcement and preventing access to a regulated cannabis market.

The criminalisation of cannabis has caused so much harm. Last year we saw a tidal wave of MPs step forward and announce that at one time or another they had consumed cannabis. Silent in that discussion was the fact that there is an immense privilege that comes with being able to make such a disclosure, and as MPs we all share that privilege. For many members of the public, the criminalisation of cannabis has forced them into the judicial system and stamped them with criminal records. They have lost their freedoms, their money and their ability to chase their dreams. I recently met with Ben Vasiliou of Youth Projects and we got chatting about the young people that that organisation represents. Youth Projects assists young people predominately with housing and employment opportunities, but from the discussions I had with Ben it was evident that there are many young people who are falling through the gaps in accessing that service because they have a drug charge on their record, and the majority of them have a drug charge for simple cannabis possession. That impedes their ability to engage in employment because it is on their police record, and it impedes their ability for housing options, whether that be short-term emergency accommodation or something more permanent. That record impacts them, and these are the most vulnerable in our community. They are young people who have reached out to a service provider, which we know is hard enough to do as young person, and then that opportunity is shut down because the drug conviction on their record means that it is a lot harder to instigate any service provisions for that person. So when members of this government disclose their cannabis use and then fail to act on decriminalising cannabis, this is a real smack in the face to every Victorian who is not privileged enough to avoid the law. These people continue to suffer thanks to the government’s inaction. Our petition therefore requests that the government change the laws so that Victorian adults can responsibly consume and possess small quantities of cannabis without fear of persecution.

The one in three Australians who have at one point accessed cannabis should not be classified as criminals. The almost 3000 people that signed our petition are not alone. The latest national drug strategy household survey has shown that 80 per cent of Australians believe that the possession of cannabis should not be a criminal offence. This means that there are over 4.5 million Victorians ready for change. This same report also investigated how decriminalisation in the ACT has impacted the community. In the previous 12 months in the ACT the use of cannabis remained unchanged – no change. Other reporting showed that there had been no increase in drug-driving offences, and simple cannabis offences had – would you believe it – dropped by 90 per cent. What we know from this is that it led to no change leading to more harm, change in other jurisdictions has not increased harm or use and the public is incredibly supportive of reform. This is why we call on the government to respond to this petition and provide us with a pathway to legalise the personal use of cannabis.

If memory serves me right, there was a great bill about the regulation of personal adult use of cannabis that would have done just that. It was presented to this very chamber. It is about time we have those discussions that you promised us last year about reducing harms, consulting with the community and speaking to the experts. Let us face it: if we want to reduce harms, particularly for young people, we need to stop arresting them. The best time to stop the criminalisation of cannabis in Victoria was the day the law was made; the second-best time is now. If the Allan Labor government wants to be remembered for progressive reform, here is its chance. Start supporting private members bills and start with our personal use bill.

Ryan BATCHELOR (Southern Metropolitan) (17:40): I rise to speak on Ms Payne’s petition with respect to calling on the government to legalise cannabis. It is very clear from her contribution in this debate now but also her advocacy as well as Mr Ettershank’s advocacy on the issue within the broader community that they care deeply about this issue, are very passionate about it and are exceptionally knowledgeable. It is great to see those sorts of contributions being made, ones that speak to both passion and knowledge, in our debate. Obviously the presence of signatures on the petition shows that there are others in the community who share those views.

I think it is clear, and I would just reiterate from the outset, that the government has no plans to change the law relating to personal and recreational use of cannabis. I am sure many in the house would understand that the crux of this petition, which is for decriminalisation or legalisation of cannabis for personal use, is a complex issue that needs to be considered in a thoughtful and balanced way. I think what you are seeing across the board from the government is an approach that demonstrates a commitment to harm reduction, that understands that we need to be working towards reducing the harm that people in the community can experience – a wide range of harms in many areas – from drug use at a personal level, and we have seen that in a range of fields. I will not in depth go through all of that in the contribution today, but certainly in the way that we have approached other matters, particularly with respect to injecting drug use, for example, and other issues – the pharmacotherapy trials and the like for those who are addicted to heroin – you can see that the government takes the issue of harm reduction seriously. As we move towards a statewide alcohol and other drug policy framework, that work will continue.

I think you can also see from the track record of this government, not just in the last months or years but in the last decade, that we have understood and recognised cannabis use and have taken a very considered and thoughtful approach that has been led by careful consideration and expert advice on the question of cannabis use in a range of fields, particularly the trailblazing, groundbreaking work, particularly in this country, that this government did with respect to medicinal cannabis. It was before the 2014 election – a decade ago – that Labor’s then opposition leader acknowledged the benefits that access to medicinal cannabis would have to the Victorian community and made commitments to pass laws should Labor be elected. We passed legislation in 2015 that has resulted in the safe use of cannabis for medicinal purposes here in Victoria. There was extensive consideration of the legal framework that should surround that and references to the Victorian Law Reform Commission on how best to manage the legislative amendment and to provide advice on how to support the medicinal cannabis industry setting up here in Victoria, and we see through the take-up of medicinal cannabis here in Victoria that it is playing a very important part in providing treatment and support to thousands of Victorians.

There are other policy challenges that are associated with this that we are working our way through. There is the closed-circuit road trial. We have got our inquiry into workplace drug testing, which this Council is undertaking at the moment. There is work underway to support the hemp industry. This is a demonstration of the government’s understanding and appreciation of the benefits that cannabis can bring in certain contexts. We are also alive to certain risks. Those risks are not zero, and we do need to consider all of those issues very carefully as we move forward.

Aiv PUGLIELLI (North-Eastern Metropolitan) (17:45): I rise to contribute to the debate on the petition before us today in effect drawing to the attention of the Legislative Council that the criminalisation of cannabis has failed to reduce demand or supply in the illicit market and that one in three Australians who have access to cannabis should not be classed as criminals, acknowledging that cannabis criminalisation harms the community. It wastes millions of dollars on law enforcement, it disproportionately impacts First Nations people and it prevents us from enjoying the economic and social benefits of a regulated cannabis market. So I rise today to support this petition. It is probably a surprise to no-one in this chamber. It has been a very longstanding Greens policy that cannabis should be decriminalised, legalised, and really this petition is testament to the community support for its personal recreational use.

It was plain to see earlier this year at the 420 Day festival celebration event, attended by several different political representatives from this place, a range of community groups and many members of the community who do partake – many who themselves have prescriptions for medicinal cannabis, for example – acknowledging that many in our community use cannabis and would like to see its use legalised. As the petition states, the current criminalisation of cannabis has failed. It has failed to reduce the demand, so it is time that we got on as legislators with creating smarter drug laws that focus on genuine harm reduction. Thousands of people smoke or use cannabis in Victoria every year. It was acknowledged, as Mr Batchelor from the government has indicated, around a decade ago that, yes, it does in fact have medicinal qualities that have been consequently legislated by the Labor government. So now what we need, around a decade later, is to get on with the work of having our laws updated so that cannabis and its personal use are legal.

Prohibition – something that I have mentioned a few times on a range of different drug law reform issues in this place – has caused more harm than good. When it comes to cannabis, with a legal cannabis market we could have proper regulation. We could collect tax from this product. We could really, genuinely approach this conversation of harm reduction and address that, yes, the use of this drug is prevalent in the community. Let us actually have a frank conversation about it. The funds, for example, from taxing this product could then be reinvested to support health, to support education and to support drug harm reduction. I always remember hearing at a community event a former member of this place Fiona Patten speaking about, I believe, Colorado, where they effectively fund their tertiary education out of tax collected from the cannabis market. There is so much potential if we acknowledge what could actually be gained out of taking this issue seriously and really being progressive on this issue.

It is not such an outlandish proposal. Many countries around the world have legalised or decriminalised cannabis, from Canada to Mexico. In Victoria we too should be adopting an evidence-based, health-led approach to drug law reform, and that should see cannabis made legal for people in our state. The current laws, as I have indicated and as others have as well, disproportionately impact many members of the community, including First Nations people, often marginalised parts of the community. And it is not just, frankly, that vulnerable people are entering our criminal justice system due to the possession of cannabis for their own personal use. It is a plant – really, we should get over it and have laws that reflect that. The Greens would like to see cannabis legalised in Victoria and across this country, so we support this petition and the calls from the community. Let us get on with it.

David ETTERSHANK (Western Metropolitan) (17:49): I am pleased to speak on this petition bearing the signatures of over 2700 Victorians calling on the government to decriminalise cannabis. We were easily able to obtain these signatures over a couple of days. People were quite impatient to sign up, and I have never actually had people queueing to sign a petition before as we had on those days. When you think that some 700,000 Victorians consumed cannabis in the last 12 months, it is really quite a modest number. The fact is a majority of Victorians want to see cannabis decriminalised. If we look at the two most recent Australian Institute of Health and Welfare national drug strategy household surveys, we see the growing support for cannabis reform. In 2019 the percentage of people who consume cannabis regularly, not counting medicinal cannabis, was 11.6 per cent. In 2023 that figure was pretty much the same – 11.5 per cent. However, support for its decriminalisation – that is, for an adult to be able to consume and possess small quantities of cannabis – increased from 78 per cent to an all-time high of 80 per cent. That is around 4.5 million Victorians over the age of 18 who believe that cannabis consumption should no longer be a crime. This is extraordinary, given that most of those in support of reform are not actually consumers. What can account for such a demand for decriminalisation? I think the reality is that those people see the sense in allowing adults to be able to consume and possess a bit of cannabis; it is that simple.

There are other interesting, if perhaps somewhat more sobering, statistics in the survey as well. Those who believe that the continued prohibition of cannabis will protect our young people might be quite devastated to learn that cannabis is already being consumed by 14- to 17-year-olds. Indeed its use has increased by 20 per cent from 2019 to 2023. You see, real criminals do not actually care about protecting our young people. All of us are rightly concerned about the harms that illicit drugs can do to our children. They should not be able to access drugs. But no amount of hand-wringing or exhortation to think about the children will protect our children from the harms of contact with an illicit drug market.

The age group most likely to consume cannabis regularly is in the 18- to 24-year-old bracket. These people stand to lose a lot if they are busted for possession, from losing their licences to acquiring criminal records to being jailed, events that will have a profoundly negative impact on the rest of their lives. Do we really want to inflict these harms on our young people just because they are smoking a bit of pot? And of course the negative impacts are disproportionately higher for our most marginalised young people, who we are criminalising in ever greater numbers.

Decriminalisation should be part of this state’s harm reduction response, and it must be part of the forthcoming alcohol and other drugs strategy. The ACT decriminalised in 2020, and since then cannabis use has remained stable. In fact last year was lower than the rest of Australia, with no increase in cannabis-related hospital admissions and an actual decrease in youth consumption. This reality runs counter to the prevailing idea that decriminalisation of cannabis will increase usage and cause our young people to run amok.

It is really time to decriminalise personal use. It is something that the majority of Victorians want, and indeed the Labor Party’s own members want. The 2024 ALP state conference resolved unanimously that:

Cannabis should be legalised, taxed and licenced and owned and/or regulated by the Victorian State government.

I do not have time to talk about the money we could save on enforcement costs, the potential revenue opportunities or the services that that revenue could fund instead of funding criminal gangs. I will say this is something we will have to deal with sooner or later, and it will take a courageous government to do the job. I would really, really like to hope that that courageous government is this one.

Motion agreed to.