LEGALISING CANNABIS

WHAT MIGHT IT LOOK LIKE?

Words by Harriet Whittle

When going to vote last month, you might have noticed the Legalise Cannabis Party on your ballot papers. A joke? Perhaps not. In record results, the minority party picked up 2-7% of votes for the Senate in each state and territory. It also won two seats on the Legislative Council in the 2021 WA State Election. These results reflect both an increase in cannabis consumption in Australia, as well as increased support from the public for the legalisation of its recreational use. The Greens also strongly support cannabis law reform. These parties propose models of legalisation in which cannabis is regulated like alcohol and tobacco, as it has been in Canada since 2018, with a strong interest in harm minimisation- especially for young people. There is growing support for such a model from academics, policy-makers and doctors.

The relationship between human beings and Cannabaceae has a rich and fascinating history. Humulus,or Hops, the plant used for centuries to flavour beer, is a member of the Cannabaceae family and therefore very closely related to the family’s more notorious and noso humble member: Cannabis sativa. Paleobotanists have dated the early cultivation of the hemp plant by humans to about 6,500 years ago, in Central Asia. It was carried by nomadic peoples across the globe, serving multiple purposes that it is still used for today: fibres for rope and clothes, food (from seeds and oil) and for the psychoactive or medicinal purposes of consumption. Cannabis has ancient medicinal histories in India, Nepal, Mongolia, China, Afghanistan, Egypt and Turkey and as well as a cultural and spiritual significance across diverse regions. It appears in Ancient Rome and Greece too: with Herodotus writing of its use by the Scythian people in 4th century B.C. It was also reportedly used by Queen Victoria to combat her menstrual pain. In the mid-20th century, THC (or tetrahydrocannabinol, the psychoactive element of the plant) was isolated by two scientists in Israel, including Raphael Mechoulam, a Holocaust survivor from Bulgaria. CBD (or cannabidiol) was identified in 1940, and is highly popular for its medicinal qualities. These are just two of 113 cannabinoids, which when consumed interact with our cannabinoid receptors. These receptors form part of a complex endocannabinoid system in our bodies, which regulates multiple major physiological processes. This doesn’t mean that our bodies were designed to consume cannabis, rather that the plant contains organic compounds that interact directlywith these systems, explaining the multitude of effects and uses of the plant for medicines. Cannabis is not a homogeneous species; it is grown in strains. Strains are bred

and selected for different purposes and climates. It is also an extremely hardy plant. The name ‘weed’ comes from its ability to grow abundantly in the wild. There are literally hundreds of millions of feral cannabis plants growing in America alone, although these are often descendants of industrial hemp plants and contain negligible levels of THC. Until the 20th century, cannabis was relatively common, even in Australia. It was progressively demonised and prohibited beginning with The International Opium Convention of 1925 in Geneva, which placed cannabis in the same category as heroin. This demonisation culminated in Nixon’s war on drugs beginning in 1971. The word ‘marijuana’ originates from the Spanish word ‘marihuana,’ and political and public perception of the substance has emphasised this to incite a racist narrative targeting Hispanic immigrants in the US. Furthermore, African-American communities have been disproportionately punished and attacked by law enforcement for cannabis use and possession. The dismantling of racist systems and narratives surrounding cannabis must be a principal focus of legalisation in the USA and across the globe.

In 2016, the Australian Government legalised the cultivation of cannabis strictly for medicinal and research purposes. This allowed patients to access medicinal cannabis products from certified doctors. These have been proven to help significantly with chronic pain, epilepsy, nausea and vomiting in chemotherapy patients- to name only a few uses. The 2019 National Drug Strategy Household Survey (NDSHS), undertaken by the Australian Institute of Health and Welfare, found around 2.7% of the Australian population uses medicinal cannabis. This is approximately 600,000 people- however only 3.9% of these users obtained their product through a legal prescription. This has raised concerns about the lack of access for patients in need, due to high expenses and regulatory grey areas. There is increasing public discourse about the further liberalisation of cannabis laws in Australia. The NDSHS found that support for the legalisation of cannabis has doubled since 2007, and more Australians now actively support legalisation (41%) than oppose it (37%). The recreational use and cultivation of cannabis at a federal level is illegal, however, laws and penalties differ in states. In South Australia, minor cannabis offences do not attract a criminal conviction, rather a fine. Cannabis is decriminalised in the ACT, meaning the possession or use of small amounts of the plant will not draw penalties.

Weed isn’t going away. The growth in users accessing the substance, both legally and illegally, has inevitably pushed public and political support for legalisation. It is now legal in Canada, sold under a highly regulated retail model that aims to promote harm minimisation. Recreational cannabis has been progressively legalised in the US since 2012, beginning in Colorado and Washington. It is now legalised for recreational use in 19 states and 2 territories, and for medicinal use in a further 19 states. There seems to be a consensus around the function and goals of a model in Australia, with harm minimisation at its centre. A government or not-for-profit body that tightly regulates the quality, access and market price of legal cannabis products would mean safer recreational use, support to the already growing legal cannabis industry in Australia, and the squashing of the illicit market. In 1995, The Australian Institute of Criminology made recommendations for the decriminalisation of cannabis, arguing that minor cannabis offences unnecessarily disadvantage the future job, education and travel opportunities of young people. If cannabis is legalised in Australia, harm minimisation would ideally focus on restricting access to youths. The successful destruction of the illicit market would further restrict access for those at risk.

Ultimately, the legalisation of recreational cannabis would have a monumental impact on drug reform in Australia. Policy change and its effective implementation will rely on strong leadership in consultation with all interested parties, including politicians, medical practitioners, researchers, cannabis reform groups and law enforcement, as well as the wider Australian community.

25