OCTOBER 28, 2019
The Australian
The UN narcotics agency has warned that the ACT Labor government’s move to legalise cannabis in the national capital had put Australia in violation of its international treaty obligations on illicit drug control.
The International Narcotics Control Board has written to the federal government asking for clarification over the laws, citing concerns they contravened at least three international conventions to which Australia was a signatory.
A copy of the correspondence obtained by The Australian was sent to Australia’s UN mission in Vienna, and forwarded on to the Department of Foreign Affairs and Trade and the Department of Health.
It suggested the ACT government’s laws passed last month appeared in legal breach of the 1961 convention on narcotics drugs, which was amended under a 1972 protocol, the 1971 convention on psychotropic substances and the 1988 UN convention against illicit traffic in narcotic drug and psychotropic substances. “The board has noted with concern recent reports regarding the legalisation of cannabis possession, use and cultivation in small amounts in the Australian Capital Territory, effective 31 January, 2020,” the letter read.
“As the information does not stem from official sources, the board would appreciate receiving confirmation regarding the accuracy of these reports from your government.
“The board wishes to recall that cultivation, production and distribution of cannabis for non-medical purposes is inconsistent with the provisions of the 1961 convention as amended, in particular article 4(c), which requires state parties to limit the use of narcotic drugs exclusively to medical and scientific purposes.
“The board wishes to reiterate that the legalisation and regulation of cannabis for non-medical use, including in small quantities, would be inconsistent with Australia’s international legal obligations.”
The often controversial quasi-judicial body responsible for compliance with the UN international drug control conventions also has been critical of Canada’s cannabis program as well as some US states including California, which it claimed did not place controls on production or supply of cannabis
It issued a similar warning to Uruguay but has been criticised in the past for seeking to interfere in national government policies.
In September, the ACT passed legislation to become the first Australian jurisdiction to legalise the use, possession and growing of limited amounts of cannabis. The limits for possession are almost twice as high as those in California, where cannabis has been legalised for recreational use.
The laws are at odds with commonwealth law, which would still make it illegal for people to use or cultivate the drug in the territory as the territory legislation as it is drafted doesn’t negate the existing commonwealth provisions, making it an offence.
The Morrison government has not ruled out using its commonwealth powers to strike out the territory legislation.
Health Minister Greg Hunt called on ACT Chief Minister Andrew Barr to reveal whether the territory was aware its laws breached international obligations before it drafted the laws.
“The Australian government remains committed to the international drug control regime established by the UN international drug conventions, which do not support the legalisation of cannabis for recreational use,” he wrote.
Attorney-General Christian Porter wrote to ACT Attorney-General Gordon Ramsey with a legal opinion that the cannabis laws were defective and poorly drafted to the extent they would not provide a defence to existing commonwealth laws applying to cannabis use.
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