The NSW parliamentary committee inquiry has recommended steps towards the decriminalisation of cannabis, despite Premier Chris Minns' stated refusal to progress drug decriminalisation laws in the state.
The inquiry, chaired by NSW Legalise Cannabis MLC Jeremy Buckingham, aims to achieve the ultimate goal of complete legalisation of adult cannabis use.
The committee released its interim report on 31 October, ahead of the four-day NSW Drug Summit. Buckingham emphasises that bold steps must be taken for decriminalisation to succeed, while ensuring changes don't increase cannabis-related harms and build community support for reform.
The recommendations include significant changes to the current framework, such as relaxing penalties for possession, increasing quantity thresholds, and treating non-commercial supply as possession. The committee also suggests limiting police search powers for small quantities and implementing an on-the-spot fining system similar to South Australia's model.
Currently, cannabis possession can result in up to two years imprisonment and a $2,200 fine under the Drugs Misuse and Trafficking Act 1985. The committee proposes making this a fine-only offence or limiting prison time to three months maximum.
These reforms come amid changing global attitudes towards cannabis. Twenty-four US states have legalised recreational use, along with Uruguay, Canada, Thailand, and Malta. Closer to home, the ACT decriminalised personal possession in January 2020, allowing individuals to possess up to 50 grams of dried cannabis and grow two plants per person.
Recent statistics show cannabis remains Australia's most popular illicit drug, with 41 percent of Australians over 14 having tried it. Despite more permissive approaches in some jurisdictions, cannabis arrests have increased to 66,285 in 2020-21, with 90 percent being for personal possession.
Former NSW Director of Public Prosecutions Nicholas Cowdery KC supports the move, noting that decriminalisation doesn't increase cannabis use and can actually create pathways to treatment. He particularly emphasises concerns about the disproportionate impact of current laws on First Nations people.
The NSW Drug Summit continues to discuss these recommendations, though reports suggest the NSW Labor government may be attempting to limit transparency around the process.