08 February 2015

Cannabis Law In Australia

Cannabis Use and Possession is Illegal All Over Australia, But The Penalties Vary Greatly From State to State...
February 2015




Both New South Wales and Victoria  are moving toward clinical trials for medical use of cannabis. On the Federal level the Greens are pushing a private members bill to allow cannabis to be used to treat a range of ailments. But what do the current laws says about use and possession of cannabis?
Here is a look at laws on cannabis use in each state and territory. Some states offer diversion programs despite cannabis being a criminal offence, but these programs are only available to non-violent offenders.

NEW SOUTH WALES

Any cannabis offence is considered a criminal offence in New South Wales, which is one of the toughest states on drug use. Offenders caught with up to 15 grams of cannabis may be cautioned by police, who will also give them information about the harms associated with it and a number to call for more advice. The offender can be cautioned twice before charges are laid.

AUSTRALIAN CAPITAL TERRITORY

The ACT has decriminalised minor cannabis offences, but the drug is still considered illegal. A civil penalty system for the possession of 'small amounts' of cannabis was introduced in 1993. Offenders caught with up to two non-hydroponic cannabis plants, or up to 25 grams of marijuana are fined $100 and given 60 days to pay. Criminal charges are not laid and offenders can choose to attend a treatment program instead of paying the fine.

SOUTH AUSTRALIA

South Australia decriminalised minor cannabis offences in 1987 and was the first state to do so. Residents found with up to 100 grams of marijuana, 20 grams of hash (resin), one non-hydroponic plant or cannabis smoking equipment are fined $50 to $150 and given 60 days to pay.

VICTORIA

Cannabis is illegal and criminal in Victoria, but drug offences there are tried in a different court. As in the other non-decriminalised states, it's up to the arresting police officer to decide whether to charge the drug user, or refer them to a 'diversion' program aimed at informing and aiding them. Anyone carrying less than 50 grams of cannabis in Victoria can be directed to an education program, but - as in New South Wales - that option is only available to each offender twice before charges are laid.

TASMANIA

Under Tasmanian law, offenders found with up to 50 grams of cannabis can be cautioned three times in ten years, with different procedures at the time of each caution. Information and referral is provided on the first caution and an intervention is implemented with the second. On the third and final caution, the offender is assessed for dependence and sent for intervention or treatment.

NORTHERN TERRITORY

Under Northern Territory law, adults found in possession of, up to 50 grams of marijuana or one gram of hash oil or 10 grams of hash or cannabis seed or two non-hydroponic plants
are likely to be fined $200 and given 28 days to pay their fine. If they do this, they are not likely to face a criminal charge.

WESTERN AUSTRALIA

Alongside New South Wales, Western Australia has the nation's toughest stance on drug offences. In 2004 it introduced civil penalties for cannabis possession but this was overturned with a change of government in 2008. Since reforms in August 2011, offenders who have no prior cannabis offences but are caught with no more than 10 grams of harvested cannabis and/or a used smoking implement must attend a Cannabis Intervention Session within 28 days or receive a conviction. All cannabis cultivation (planting, watering or tending to even one marijuana plant) offences attract a criminal conviction.

QUEENSLAND

Even though possession and use of cannabis is a criminal offence in Queensland, offenders caught with up to 50 grams of cannabis must be first offered a drug diversion program. This includes a mandatory assessment and brief intervention session. Police must offer this but only one offer of diversion is allowed per person.

UPDATED 8 OCT 2014

05 February 2015

Cannabinoids

There are over 480 different identifiable chemical constituents known to exist in cannabis. The most distinctive and specific class of compounds are the Cannabinoids and over 60 are known only to exist in the Cannabis plant. 


Other known constituents of the Cannabis plant are: 

27 nitrogenous compounds; 18 amino acids; 3 proteins; 6 glycoproteins; 2 enzymes; 34 sugars and related compounds; 50 hydrocarbons; 7 simple alcohols; 13 aldehydes; 13 ketones; 21 simple acids; 22 fatty acids; 12 simple esters; 1 lactone; 11 steroids; 120 terpenes; 25 non-cannabinoid phenols; 21 flavonoids; 1 vitamin [Vitamin A]; 2 pigments, and 9 elements.



CBD (Cannabidiol) - CBD has low psychoactive characteristics associated with it ranging from 0.1–12%. CBD has anti-anxiety, ant-inflammatory, sedative and neuro-protective properties and studies have shown CBD's particular medicinal values include; helping to control certain cancers, helping control pain, stimulating bone growth, stopping the growth of bacteria, suppressing muscle spasms and convulsions, slowing inflammation, assisting with nausea, reducing the risk of artery obstructions, decreasing pressure in the blood vessel walls, reducing blood sugar levels, assisting in controlling epileptic seizures and helping reduce the risk of nerve damage.




CBC (Cannabichromene) – Some research has shown it has valuable medicinal properties with no psychoactive characteristics associated with it. Studies have shown CBC's particular medicinal values include; helping control pain, stopping the growth of fungi, slowing inflammation, stimulating bone growth, encouraging cell growth, stopping growth of bacteria and assisting in contraction of blood cells.





CBG (Cannabigerol) - CBG is not found much in medicinal cannabis but more commonly in higher concentrations of hemp. CBG has no psychoactive characteristics associated with it and studies have shown CBG’s particular medicinal values include stopping the growth of bacteria, stimulating bone growth and encouraging cell growth.





CBN (Cannabinol) - CBN is more or less a by-product of the chemical breakdown of THC. It lacks the strong psychoactive / medicinal qualities of THC and is usually found in degraded bud as there is very little CBN present in fresh cannabis plants. The more CBN the less THC and medical cannabis containing high levels can indicate age or improper handling of medicine. CBN has mildly psychoactive characteristics associated with it. Studies have shown CBN's particular medicinal values include acting as a sleep aid, slowing inflammation, helping with controlling pain, suppressing muscle spasms and convulsions, and helping fight free radicals in the blood stream.





THC (Tetrahydrocannabinol) - THC is the most prevalent cannabinoid, with a wide range of medical benefits, along with the 'high' (euphoric feeling) generated when using cannabis. THC has very high psychoactive characteristics typically ranging from 5–25%. THC binds to cannabinoid receptors in the central nervous system and the immune system. Studies have shown THC's particular medicinal values include; helping control pain, helping with relaxation, suppressing pain from nerve damage, helping reduce the risk of nerve damage, helping control anxiety, suppressing muscle spasms and convulsions, helping control certain cancers, helping with nausea, slowing inflammation, helping fight free radicals in the blood stream, encouraging eating / appetite stimulation, stimulating new growth in nerve tissue, relieving chronic eye pressure and pain from glaucoma and other eye disorders.




THCA (Tetrahydrocannabinolic acid) - THCA is a precursor of THC. THCA is typically the main constituent found in fresh cannabis and will decarboxylate to its active form while drying or when heated. THCA does not have psychoactive effects but can be used as an anti-inflammatory or neuroprotective medication. Studies have shown THCA’s particular medicinal values include; slowing inflammation, helping control cancer cell growth and suppressing muscle spasms and convulsions.





THCV (Tetrahydrocannabivarin) - THCV is an analogue to THC and shares characteristics that help to increase additional benefits of THC in smaller doses. Recent studies have shown THCV in larger doses reduces the medicinal effects of THC. THCV has medium psychoactive characteristics associated with it and studies have shown THCV’s particular medicinal values include; being an effective appetite suppressant and helping to control obesity (Type II Diabetes human testing currently under way).

02 November 2014

REPEAT AFTER ME: ‘Cannabis is not a dangerous drug’.*

A policy discussion paper from the HEMP Party.
by James Moylan
HEMP National Campaign Director
*Basic principles cannot be dismissed.*
We cannot allow discussions regarding cannabis – be it a discussion regarding medicinal or recreation use – to be hijacked by false assertions and misinformation. We must always label ‘bullshit’ as ‘bullshit’.

*Introduction: REPEAT AFTER ME: ‘Cannabis is not a dangerous drug’.*

The need for many Australians to have access to cannabis as a medicine has recently, very belatedly, been recognised by many Australian politicians. However our social conversations regarding this topic remain riven with misinformation and seem entirely detached from reality. For as long as this remains the case the social conversation will go nowhere.
If any person wishes to advocate for the continued disaffection of the right of the individual Australian citizen to grow and use cannabis: they must first demonstrate actual physical harm being visited on both individuals, and the society at large, that can be demonstrably associated with the growing and use of cannabis.
Otherwise they should shut up and mind their own business.
*The heart of the problem.*
The HEMP Party demands that the arguments we have in our press and in our social media regarding cannabis law and regulation in Australia be predicated on the same basis as are all other arguments regarding the prohibition or regulation of any other thing or behaviour within our society.
Unlike most issues that we consider within our social discussions, the root problem that continues to be at the heart of the cannabis debate is the nature of the discussion itself: our discussions regarding cannabis continue to be based on and animated by the concept that cannabis is a ‘dangerous drug’.
This false assertion not only underlies and animates almost all of our social discussion, but also our current suite of cannabis laws and regulations.
All despite it being easily demonstrated that:
~ Cannabis is by far the least (medically) harmful of all the commonly used recreational agents that are used within our society.
~ Nobody dies from cannabis use.
~ None of our hospital beds host people who have injuries sustained by the use of cannabis.
Whereas this is not the case regarding every other drug used in our society for recreational and/or therapeutic purposes. In fact, we all know that comparing the harms associated with cannabis use and the harms associated with the use of alcohol, or with the use of virtually any pharmaceutical product: is like comparing a breeze with a hurricane.
The inescapable fact is that nobody dies from cannabis abuse and there are no identifiable primary health consequences associated with the use of cannabis. Yet every time a discussion is engaged in our social media or press regarding cannabis it invariably works backwards from the provably false assertion that cannabis is a dangerous drug and instantly commences within a contemplation of the nature of the regulations and laws that need to exist to protect society from the harms that are associated with the use of cannabis.
And every time one of these conversations is undertaken it just serves to assist in perpetuating the repetition of these palpably false assertions.
*Why do we craft a law or regulation?*
Either we craft our regulations rationally and in response to actual identified harm being visited on individuals and the society – or we craft inequitable and unjust regulations and laws.
Currently the laws being proposed regarding medicinal cannabis are being lauded by many in the cannabis law reform arena as being ‘progressive’. However the arguments about medicinal cannabis that have been undertaken in our press and our parliaments have actually been undertaken in some sort of disconnected la-la land.
Every one of the legislative propositions that have so far been put forward in Australia regarding medicinal cannabis have been firmly based on the proposition that cannabis is such a dangerous drug that patients in our country must have reams of regulation and public officials between them and their use of cannabis: for their own safety.
This is simply bullshit.
The aspirin that these patients buy at a local supermarket can and does cause more than six hundred fold as many deaths (at least) as does cannabis. The Paracetamol that these patients buy from a local supermarket can and does kill more than two Australians each and every day. However (according to the rationale underlying the propositions currently being examined) access to cannabis as a medicine in Australia must be more rigorously controlled than access to morphine or oxycodone (which is, in effect, legal heroin).
We must not continue to countenance this unhinged discussion without demanding that those who are engaging in it first demonstrate why they are engaging in it.
The very first thing that must happen in any public discussion regarding cannabis (medical or otherwise) is that the proponents of any form of ongoing strict and unjust cannabis regulation (of any type) must first demonstrate factually that there is actually a problem to be solved!
The HEMP Party demands that before any further discussion relating to cannabis regulation be undertaken that those engaging in the discussion first identify particular harms inflicted by the behaviours being complained about, and to quantify those harms in a scientifically rigorous manner, and then demonstrate how the intercessions will act to mitigate the identified harm.
*We must be intolerant of hypocrisy because our politicians are not*
Even reasonably respected and otherwise rational politicians suddenly start talking BS whenever the topic of cannabis is raised. Instantly the ‘facts’ seem to have no traction, all that is important is spin and ‘party policy’. We advertise alcohol (which kills sixty people per week, every week) yet criminalise cannabis users (which kills nobody). However the discussions entertained by politicians always relates to the nature of how harsh the regulations and laws need to be – never a discussion of the ‘harms’ that these laws are supposed to be addressing or whether or not these laws are actually doing anything at all except inflicting hardship on individual citizens where no hardship would otherwise exist.
Even the most progressive politicians in our country continue to assert that cannabis is ‘dangerous’. To date no politician in Australia has been honest enough to get up in public and say what more than 50% of Australians know to be an obvious fact from personal experience – namely that cannabis is not a dangerous drug.
Australian Politicians just refuse to say that the King has no Clothes – instead they choose to regurgitate the same old ‘drug war’ rhetoric (even though most of them know it to be a blatant lie). Even though most Australian politicians have friends and family who use cannabis, and many have used it themselves they continue to assert in public that cannabis use is associated with physical and social detriment.
So why is this the case? Especially since there is not a skerrick of proof to back up the assertion that cannabis causes enough individual or social harm to warrant even the same intercessions that might be required regarding the sale of sand (which actually causes some four deaths a year)?
From the viewpoint of an Australian politician ongoing personal and professional hypocrisy is entirely understandable. For seventy years the ‘big lie’ that cannabis is a ‘dangerous drug’ has been a social fact in our society. Millions of dollars continue to be expended on ‘interdiction and eradication’ efforts. Hundreds of people are gaoled every year for cannabis only offences. Powerful vested interests continue to lobby to keep this ‘lie’ current. Media conglomerates have embraced this lie as part of their institutional policy.
Most significantly for the cannabis law reform debate: the current medicinal cannabis discussion has simply acted to perpetuate rather than dissolve the ‘big lie’.
The reason the HEMP Party advocates that members be utterly intolerant of the continued bandying about of misinformation is because the discussion of cannabis as a medicine should be an opportunity to completely renovate the manner in which cannabis is discussed in Australia – rather than an opportunity for politicians to demonstrate who can be the most compassionate hypocrite, or an opportunity for all the media in Australia to further reinforce the bullshit idea that cannabis is dangerous.
Until cannabis law reformers become entirely intolerant of hearing this lie repeated, and so pull up politicians and press whenever they voice this lie in substance or as a presupposition underlying a question or assertion: then the big lie will continue to flourish. People will continue to talk about cannabis as if it really is a dangerous narcotic. And our politicians will continue to talk duplicitous bullshit.
Reefer madness is still alive and kicking. The 'cannabis is a dangerous drug' lie is just the modern reincarnation of the Reefer madness craziness. In the modern world politicians continue to tell this lie in a surreptitious way: by basing their discussions on this proposition without actually spelling it out explicitly.
The HEMP Party advises all cannabis law reformers and members to be utterly intolerant of all this Reefer madness nonsense. Whenever someone commences a discussion about cannabis ask them to first tell you what problems they have identified as being caused by the growing and use of cannabis, and how their propositions are aimed at fixing these identified problems.
If they can’t do this then let them know that they are simply retailing outdated ‘drug war’ bullshit, and that they should either think through what they are saying, or just shut up (for the good of us all).

Policy Discussion Paper - Australian Hemp Party