Australia Needs Marijuana Law Reform
Despite setbacks, public support grows for cannabis decriminalisation and legalisation
Nestled in the misty hills of the Northern Rivers region, Nimbin has long stood as a rebel outpost against Australia’s cannabis laws. Its Mardi Grass festival, held each May, is a protest disguised as a celebration—a grassroots call to decriminalise marijuana and treat drug use as a health issue, not a crime.
Yet even as countries around the world reform outdated cannabis laws, New South Wales, and Australia more broadly, remains locked in a prohibition-era mindset. That needs to change.
Cannabis Use Is a Health Issue, Not a Crime
Criminalising cannabis users does nothing to address underlying health issues. Addiction, misuse, or self-medication are best handled by medical professionals, not police officers. Prohibition drives users into the arms of unregulated markets and deters them from seeking help. Countries like Portugal, which decriminalised all drugs over two decades ago, have shown that harm minimisation works—resulting in fewer overdoses, lower incarceration rates, and better health outcomes.
Australia’s current approach does the opposite. Thousands of people, especially young and Indigenous Australians, are caught in the dragnet of drug policing each year over small amounts of cannabis. Rather than supporting these individuals, the system punishes them, sometimes saddling them with criminal records that affect housing, employment, and education for life.
A Growing Political Movement
Despite conservative pushback, marijuana law reform has gained traction in Australian politics. The Legalise Cannabis Australia Party, and its state affiliates, have made notable electoral gains. In the 2021 WA state election, Legalise Cannabis WA secured two Legislative Council seats—the first such win in Australia. In 2022, two party members were elected to Victoria’s upper house.
And in 2023, Jeremy Buckingham, a former Greens MP running for Legalise Cannabis NSW, was elected to the Legislative Council and made headlines by becoming the first Australian MP to hold up a cannabis bud in Parliament.
Even in traditionally conservative Queensland, the party made waves in 2024 when candidate Lindsay Melody polled a record 14.57% primary vote in Ipswich West. These victories signal growing public support for reform and reflect an electorate increasingly out of step with prohibitionist policy.
The Legalising Cannabis Bill 2023: A Missed Opportunity
The push for reform faced a significant hurdle when the Legalising Cannabis Bill 2023, introduced by NSW Greens Senator David Shoebridge, was rejected by the Australian Senate. Following an inquiry, the Senate Legal and Constitutional Affairs Committee recommended the bill not be passed.
Opposition came from influential bodies, including the Australian Medical Association (AMA). In its submission, the AMA warned that legalisation might falsely signal to the public that cannabis use is harmless. AMA President Dr. Steve Robson raised concerns about self-medication and the potential for recreational use to bypass Australia’s existing, evidence-based regulatory system for therapeutic goods.
Dr. Michael Bonning, quoted in the committee’s final report, acknowledged that while there’s growing interest and evidence for the medical use of cannabis—supported by increasing Special Access Scheme authorisations and TGA-approved prescribers—there remains a gap between public expectations and clinical evidence. He stated, “If there is good evidence to support it, from a clinical perspective, doctors are happy to assess that evidence and use it for the benefit of their patients.”
The committee’s report also cited potential risks in home-grow provisions, concerns about THC content regulation, and insufficient safeguards to prevent youth access as reasons to reject the bill.
Why Police and Politicians Oppose Reform
Beyond health concerns, cannabis law reform faces institutional resistance—especially from police forces. Cannabis offences provide a convenient stream of low-risk arrests and justify budget allocations for operations like roadside drug testing and sniffer dog units. Police unions have little incentive to support a policy that would shrink their remit and funding.
Politically, the issue is risky. Even as public opinion shifts, many lawmakers fear being branded “soft on drugs.” Major parties, particularly at the federal level, have avoided taking a firm stance, leaving progress to smaller parties and independent MPs.
The Case for Reform
Despite the Senate’s rejection of the Legalising Cannabis Bill 2023, the case for reform remains strong—and urgent.
Health and Safety: Regulation means control. A legal framework could enforce age limits, restrict marketing, test THC levels, and provide safe access—none of which are possible under prohibition.
Economic Benefits: Legal cannabis would open a new tax base, reduce the cost of policing and prosecution, and generate employment in farming, manufacturing, and retail. Australia’s climate makes it a natural producer, and the legal cannabis industry is booming internationally.
Civil Liberties and Justice: It’s deeply unjust that adults continue to be criminalised for a drug less harmful than alcohol or tobacco. Repealing prohibition would ease pressure on courts, jails, and marginalised communities disproportionately impacted by drug laws.
Political Momentum: With growing electoral support for Legalise Cannabis candidates and public debates sparked by events like Mardi Grass and parliamentary protests, the tide is turning.
New South Wales has long been the frontline of Australia’s cannabis culture war. From the green hills of Nimbin to the chamber of Parliament where Jeremy Buckingham waved a cannabis bud, the call for reform is growing louder. The failure of the 2023 Senate bill may have delayed progress, but it has not silenced the movement. Australians—voters, patients, growers, and advocates—are demanding a smarter, fairer, and evidence-based approach to cannabis. It’s time the law caught up.
Cannabis law reform is not about promoting drug use – it’s about being honest, compassionate, and pragmatic. Nimbin’s Mardi Grass and the growing success of marijuana-focused political parties signal a turning tide. Decriminalisation, and ultimately legalisation, would save money, protect public health, improve community relations with police, and reflect the values of a society that believes in fairness, science, and personal freedom.
If Australia wants to take the politics out of pot, it needs to take cannabis out of the criminal code. NSW, with its glaring contradictions and heavy policing, is the logical place to start.
The story behind the photograph:
At 4:20pm, a purple haze descended on Nimbin’s main street during Mardi Grass as thousands lit up in protest against NSW marijuana laws. A group of police walked through the crowd & arrested one guy, so I started photographing.
One of the sargeants came over & said “Stop taking photos!” I replied “This is a public place & a matter of public interest” which neatly summarises the law about street & news photography. His jaw hit his chest & he thought for a bit, then said:
“I’m sure the sargeant doesn’t mind his photo being taken but think of the alleged offender. Maybe he doesn’t want his photo published.” I replied, “OK thanks, I’ll ask him” Just then, former magistrate Professor David Heilpern came over & stood next to me, also summarising the law for the sargeant.
The sargeant rolled his eyes & walked back to the arrest scene. I thanked Prof. Heilpern & continued photographing. Heilpern explained in a talk later that the police don’t support marijuana law reform, decriminalising the harmless drug, because of the huge budget they get from Government.
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