Australian Senate Rejects Greens' Bill to Legalise Cannabis

Liberals and Labor just teamed up to vote against legalising cannabis in the Senate.

This is yet another example of the major parties working together to refuse any sort of progress.

But we promise you this: we’re not giving up on legalising cannabis.

— David Shoebridge (@DavidShoebridge) November 27, 2024

The vote on the Legalising Cannabis Bill 2023 marked the first time the Federal Parliament has voted on the legalisation of recreational cannabis, and the Australian Greens said that it would not be the last.

“My office keeps hearing from people using cannabis to deal with anxiety or pain, or just to relax, and many of them can't get it through the incredibly expensive medicinal cannabis regime,” Shoebridge said during the session. "We think they should have a right, as adults, to choose what they put in their bodies in a well-regulated legal scheme.”

During the voting, Labor Senator Don Farrell challenged the bill, calling it “a stunt by Senator Shoebridge and the Greens.”

“Laws dealing with recreational possession and use of cannabis are matters for the states and territories. Senator Shoebridge’s bill cannot change that basic fact," Senator Farrell said.

The issue of superseding the cannabis laws of Australian states and territories was a concern that was also raised by the Senate Legal and Constitutional Affairs Committee following an inquiry into the bill. In its report released in May, the committee recommended the Senate vote against it.

Speaking in favour of the bill before the vote, Australia Greens Senator Whish-Wilson told the Senate, "The war on drugs started in the US years ago. It has been a big part of the problem. We need to destigmatise it. We need a legal pathway forward.

"We need to accept it can have benefits and we need to educate people on how to do it properly. We need to get away from synthetic cannabis. We need to take the money from legalising it and put it into harm minimisation services. And we need to get it right. The Australian people want that from us."

The bill would have established the Cannabis Australia National Agency (CANA) to regulate activities related to cannabis, such as manufacturing, selling, importing and exporting cannabis products. It also stated that citizens above 18 could grow up to six plants per household and possess up to 50 grams of cannabis. The bill also authorizes the creation of cannabis cafes, where adults could use cannabis in a social setting.

The Legalising Cannabis Bill borrows principles from the regulation of tobacco and alcohol, which was repeatedly identified as a critical element of any successful cannabis model. The bill proposes that CANA is given express power to mandate labeling requirements for cannabis and cannabis products.

"We don't pretend the drug is without harm; we just know that legalising it will radically reduce the harm," Shoebridge told the Senate. "We don't want rampant advertising. We want to get rid of big pharma, big tobacco and big alcohol and have them play no part in this industry."

The bill specifies that the exclusion of big pharma from the scheme is not intended to bar the participation of Australia-based medicinal cannabis companies.

Other concerns are addressed as well in amendments made to the bill. It ensures that home-cultivated cannabis and cannabis products such as brownies and gummies are not accessible to the public. It also makes it an offence to "knowingly allow a young person to consume cannabis," and mandates that cannabis product must be stored where it is not accessible to minors.

Concerned parties have made no further comments as of writing.