THE INQUIRY
In 2020, The Victorian Government’s Legal and Social Issues Committee invited Victorians to make submissions for a new inquiry into the use of cannabis in Victoria. SMLS argues that Cannabis law reform is urgently needed to contribute to a fairer and more just community.
The Inquiry was seeking to hear from the community regarding health education campaigns and programs, prevention of criminal activity, and whether current restrictions on the use of cannabis should be changed.
CANNABIS PROHIBITION AND THE LAW
Though cannabis use is most frequently associated with criminal law, it is important to recognise that it intersects with many other areas of law that can impact our lives. For example, family law, child protection, crimes compensation, social security and even migration law. In our submission, we looked at the impacts that the prohibition of cannabis can have in each of these areas of law and why change is so desperately needed.
There is little evidence that prohibitionist approaches to drugs, including cannabis, deters usage, even among young people.
SMLS argues that prohibition leads to criminalisation and stigma, which cause significant social and health harms to individuals, families and communities.
OUR RECOMMENDATIONS
Our overarching recommendations outlines the urgency and importance of drug law reform in light of the harms associated with prohibition that are impacting our community in Victoria, and the need to take a rights based approach to drug law reform. For us, this means a move towards legalisation or a decriminalisation model. (For more information on the difference between these two, see here.)
YOUNG PEOPLE
Popular understandings of the harms associated with cannabis use often relate to the impacts of the drug itself, rather than impacts of the prohibition. With regards to young people accessing cannabis, SMLS takes that position that the harms associated with prohibition can cause even more harm than the actual drug use. We also undertook research into programs around the world that contribute to positive outcomes among young people, such as leisure cards in Iceland that reduce the cost of participation in extra curricular activities such as sports and music for all young people.
Looking at the intersectional issues such as poverty that may contribute to a young person’s problematic use of cannabis is critical.
DRUG DRIVING
Cannabis certainly has the potential to impair a person’s ability to drive safely, however, Victoria’s zero-tolerance approach to drug-driving leaves no requirement of a person’s driving being actually affected by a drug.
SMLS argues that our drug-driving laws need to be reformed. Victoria must move towards a model that takes into consideration how the drug affects actual driving capacity. We believe that given the serious and lasting impact that drug driving penalties can have on someone’s life, Victoria should introduce threshold legislation similar to how we measure alcohol.
DRUG EDUCATION
Our submission examines a range of different drug education strategies implemented over the years. We argue that abstinence and prohibition education have limited evidence proving effectiveness. SMLS highlights that harm reduction education has far better indicators of success. We also highlight the importance of empowering young people with knowledge of their legal rights and responsibilities through community legal education strategies.
DIVERSION PROGRAMS
If a decriminalisation model is preferred over legalisation, SMLS advocates for unlimited, mandated diversion, with an increased maximum possession threshold quantity. This would ensure that therapeutic options could be more widely and consistently available.
We also warn against moving towards a fines-based system, as we have seen how much harm fines can cause to people experiencing financial hardship.
SMLS also endorsed the submission of Dr Kate Seear, a leader in drug law research and policy.
If you would like to know more about our recommendations, including case studies that demonstrate the urgent need for Cannabis law reform to to a fairer and more just community – please see our full submission here, or Dr Kate Seear’s submission here.
