By
SYDNEY,
Australia — Australia’s capital on Wednesday became the first
jurisdiction in the country to legalize the recreational possession and
cultivation of marijuana, a move that runs counter to federal laws that
can carry prison terms for personal use of the drug.
Passage
of the measure, which came after months of debate over policy, legal
and health issues, echoed efforts in the United States, where more than
10 states have legalized recreational use of marijuana even as it
remains illegal under federal law.
The
new law in the Australian Capital Territory, which encompasses the
capital city of Canberra, would allow residents over age 18 to possess
up to 50 grams of dried marijuana and grow two plants per person or four
per household at a time. Supplying the drug to other people will remain
illegal.
“The passage of this
legislation is an Australian first,” Michael Pettersson, a Labor Party
lawmaker who was a driving force behind the bill, said in a statement.
“It will work to reduce the harm of drugs in our community by reducing
the stigma of drug use and encouraging people to seek help without fear
of arrest.”
Marijuana is the most commonly used illicit recreational drug in Australia. In a 2016 government survey,
about a third of Australians over age 14 said they had used it, with
about 10 percent saying they had used it in the last 12 months.
Australia approved the use of marijuana for medical purposes
in 2016, but the country has not yet begun moving in the direction of
the small number of other countries, like Canada, that have legalized
recreational use on a national level.
Before
the Australian Capital Territory passed its legalization measure,
possession of small amounts of marijuana had been decriminalized there
and in a few other jurisdictions, giving police officers the discretion
to issue fines instead of making arrests.
In other jurisdictions, possession is still a criminal offense, though warnings are usually given to first-time offenders.
Under federal law,
recreational possession carries a potential penalty of up to two years
in prison. While the Australian Capital Territory legislation would
provide a legal defense under local law for adults who possess
marijuana, it does not remove the risk of arrest under federal law, said
Gordon Ramsay, the territory’s attorney general.
The
final legislation, which is likely to come into effect at the end of
January, included a number of amendments. They restrict cultivation of
plants to private property, make it an offense to smoke near minors,
require proper storage away from children, and add a separate weight
limit of 150 grams, or about five ounces, for freshly cultivated
marijuana.
The federal government has
moved to overturn major legislative changes by states or territories in
the past, though it is unclear whether it will do so in this case. In
2013, it successfully argued in court to reverse legislation in the
capital territory that allowed same-sex couples to marry. The federal
government then legalized same-sex marriage in 2017.
Opponents
of the capital’s cannabis legislation said that while the amendments
would limit some of the harm, it would lead to higher consumption of
marijuana, which some researchers have linked to an increased risk of
psychosis, and more cases of people driving under the influence.
The
legislation could lead to a “whole bunch of perverse outcomes,” Jeremy
Hanson, the attorney general for the conservative-leaning Liberal Party,
said during debate on the measure. “The current laws as they work are
effective.”
The capital branch of the
Australian Medical Association said that use of marijuana could lead to
chronic health problems, but that the risk was low and that those who
used the drug occasionally were unlikely to be affected, according to a government inquiry into the issue.
“It
doesn’t appear to be the sort of legislation or policy change that
results in the sky falling down,” said Dr. David Caldicott, an emergency
medicine consultant who supported the bill.
The
nation’s capital has been at the forefront of drug reform policy in the
past, including testing pills at festivals, Dr. Caldicott added.
“Rather than causing a shift in cannabis consumption in Australia,” he
said, “it might create a broader conversational environment” around the
policies governing it.
The Australian
Capital Territory police said in a statement that they would work with
the local government and other agencies to carry out the new
legislation, including working out how it intersects with federal law.
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