The Federal and ACT Lawyer-Generals are continuing to duel more than the Australian Capital Territory’s new cannabis laws.
Final month, the ACT passed legislation legalising modest quantities of cannabis for private use which could also be of some help to medicinal cannabis customers. The legislation is due to kick in on January 31 subsequent year.
But the Federal Government is not delighted. Earlier this month, Australia’s Deputy Prime Minister Michael McCormack named the choice “dopey” and mentioned Lawyer-Basic Christian Porter (image on the suitable above) was investigating approaches to overturn the choice.
Final week, ACT Lawyer-Basic Gordon Ramsay (pictured left above) warned the Federal AG against any such action and wrote to Mr. Porter, defending the ACT’s choice.
“The Act has been passed by the ACT Legislative Assembly as a self-governing physique with the authority to make laws for people today of the ACT,” says Mr. Ramsay.
But that hasn’t happy the Federal AG. According to a current ABC Insiders interview with Lawyer-Basic Porter, he wrote back to his ACT counterpart on the weekend difficult the validity of the law.
“The ACT laws removed the criminal element at a Territory level, but didn’t establish something that is a good suitable to possess, which indicates there’s no defence to the Commonwealth law that criminalises amounts beneath 50 grams,” mentioned Lawyer-Basic Porter. “So my tips, and the tips that I’ve offered to the ACT Lawyer-Basic is that it is nevertheless against the law of the Commonwealth to possess cannabis in the ACT.”
AG Porter believes there is no will need for the Federal Government to override a law that efficiently is null and void. The Lawyer-Basic was coy on what actions the Federal Government will take if ACT laws did incorporate wording with regards to the good suitable to possess.
Ought to this battle continue previous January 31, it is probably going to produce headaches for police in the Territory as AG Porter expects ACT Policing to enforce ACT *and* Commonwealth drug laws.
Presently in the ACT, penalties for possessing up to 50 grams of dried cannabis, or two cannabis plants (excluding hydroponically or artificially cultivated plants), for private use entails a modest fine. If the fine is paid inside 60 days, no criminal record is recorded.