Cannabis Personal Use and Possession Petition

19th of June 2024
Victorian Legislative Council, Melbourne

Rachel PAYNE (South-Eastern Metropolitan): It is with great pleasure that I rise to speak to Legalise Cannabis Victoria’s petition to allow for the consumption and possession of small quantities of cannabis in Victoria. Firstly, a huge thank you to the 2785 Victorians who signed our petition – what a great effort that only occurred over three days. Thanks to you, we can stand in this place and force the government to come to the table to talk about cannabis. We are here to let them know that it is time for change, and the time for change is now. Our petition recognises the many failures of the criminalisation of cannabis. It has failed to reduce demand or supply in the illicit market. It has failed First Nations people, who are eight times more likely to be arrested for the possession of cannabis than non-Indigenous people, and it has failed the budget bottom line by shovelling millions into law enforcement and preventing access to a regulated cannabis market.

The criminalisation of cannabis has caused so much harm. Last year we saw a tidal wave of MPs step forward and announce that at one time or another they had consumed cannabis. Silent in that discussion was the fact that there is an immense privilege that comes with being able to make such a disclosure, and as MPs we all share that privilege. For many members of the public, the criminalisation of cannabis has forced them into the judicial system and stamped them with criminal records. They have lost their freedoms, their money and their ability to chase their dreams. I recently met with Ben Vasiliou of Youth Projects and we got chatting about the young people that that organisation represents. Youth Projects assists young people predominately with housing and employment opportunities, but from the discussions I had with Ben it was evident that there are many young people who are falling through the gaps in accessing that service because they have a drug charge on their record, and the majority of them have a drug charge for simple cannabis possession. That impedes their ability to engage in employment because it is on their police record, and it impedes their ability for housing options, whether that be short-term emergency accommodation or something more permanent. That record impacts them, and these are the most vulnerable in our community.

They are young people who have reached out to a service provider, which we know is hard enough to do as young person, and then that opportunity is shut down because the drug conviction on their record means that it is a lot harder to instigate any service provisions for that person. So when members of this government disclose their cannabis use and then fail to act on decriminalising cannabis, this is a real smack in the face to every Victorian who is not privileged enough to avoid the law. These people continue to suffer thanks to the government’s inaction. Our petition therefore requests that the government change the laws so that Victorian adults can responsibly consume and possess small quantities of cannabis without fear of persecution.

The one in three Australians who have at one point accessed cannabis should not be classified as criminals. The almost 3000 people that signed our petition are not alone. The latest national drug strategy household survey has shown that 80 per cent of Australians believe that the possession of cannabis should not be a criminal offence. This means that there are over 4.5 million Victorians ready for change. This same report also investigated how decriminalisation in the ACT has impacted the community. In the previous 12 months in the ACT the use of cannabis remained unchanged – no change. Other reporting showed that there had been no increase in drug-driving offences, and simple cannabis offences had – would you believe it – dropped by 90 per cent. What we know from this is that it led to no change leading to more harm, change in other jurisdictions has not increased harm or use and the public is incredibly supportive of reform. This is why we call on the government to respond to this petition and provide us with a pathway to legalise the personal use of cannabis.

If memory serves me right, there was a great bill about the regulation of personal adult use of cannabis that would do just that. It was presented to this very chamber. It is about time we have those discussions that you promised us last year about reducing harms, consulting with the community and speaking to the experts. Because let us face it: if you want to reduce harms, particularly for young people, we need to stop arresting them. The best time to stop the criminalisation of cannabis in Victoria was the day the law was made. The second-best time is now. If the Allan Labor government wants to be remembered for progressive reform, here is your chance. Start supporting private members bills and start with our personal use bill.