Australia – NSW: Parliamentary Report, ” Impact of the Regulatory Framework For Cannabis In New South Wales”

This new parliamentary report issued in New South Wales calls for cannabis reform in the Australian state.

The 148-page report, which was tabled by the premier and finance committee, called cannabis reform the “only rational course of action.”

Chair’s foreword

The legal prohibition of cannabis has been in effect in NSW for a century and has not acted as a significant deterrence, having little or no impact on cannabis supply or use. Cannabis remains the most widely used illicit drug in NSW and Australia and usage rates have been relatively stable for decades.

Jurisdictions across the world and Australia have reevaluated or are reevaluating their approach to cannabis and its prohibition; driven by a policy approach that aims to regulate, reduce harms and costs and take cannabis production and profits out of the hands of organised crime.

The committee has been informed by a substantial body of evidence that has shaped its view that law reform regarding the regulation of cannabis in New South Wales is not only urgently needed but is also the only rational course of action.

The committee has been persuaded that the current penal approach to cannabis is unduly punitive, inflicting significant social harm with no corresponding social benefit, and creating an enormous economic burden on the people of New South Wales.

The data points unequivocally to the fact that ultimately complete legalisation of adult use cannabis is the clearest and most effective option moving forward. However, we acknowledge that for this to be realised, bold steps must be taken. We are also conscious of the need to ensure that any changes to the regulatory framework are introduced in a way that does not exacerbate cannabis-related harms and, crucially, builds community support for reform.

It is important to note that, as highlighted during this inquiry, the current Premier of New South Wales has ruled out government support for the “decriminalisation of drugs” in this term of Parliament, and the opposition has not indicated any support for such measures either.

However, the committee strongly believes that this must not deter the government from pursuing a rational, staged and evidence-based policy that addresses the growing need for legal and regulated cannabis markets.

This first report makes several preliminary findings and recommendations that we hope the government will seriously consider and adopt as part of the upcoming Drug Summit later this year.

The committee’s final report, expected in 2025, will further build on these recommendations. The committee is of the view that a staged approach to reforming the regulatory framework for cannabis should be commenced in this term of the parliament. This framework should begin with a relaxation, but not elimination, of the criminalisation of cannabis. It should involve assessment and re-evaluation at every stage and potentially conclude with the legalisation of cannabis in a way that will minimise increases in use and an increase in cannabis related harms.

A pathway for reform is possible that can be embarked upon without committing any members or their parties to eventual full decriminalisation and legalisation of cannabis.

Such an iterative and gradual approach to reform will test assumptions and outcomes and bring the community along with the reform process.

The majority of committee members are persuaded that at least initial reforms should be considered by government.

Hon Jeremy Buckingham MLC Committee Chair