Come 4.20pm on January 31, Canberra will have replaced Nimbin as the official weed capital of Australia.
Thanks to a landmark piece of legislation passed in the ACT parliament on Wednesday, Canberra residents over 18 will be able to grow cannabis in their homes from that date forward.
Before you pack your things and head to the nation’s capital, here’s everything you need to know about the new laws — including a loophole that is causing concern for some legalisation advocates.
HOW MUCH ARE YOU ALLOWED TO HAVE?
Provided you are over 18, you’ll be allowed to possess up to 50 grams of the green stuff and grow two plants for your personal use.
There will also be a maximum of four plants allowed at one residence.
WILL YOU BE ABLE TO BUY WEED AT THE SHOPS?
If you were planning a trip to Canberra hoping to try the city’s soon-to-be legalised produce, you might want to think again.
There won’t be any shops popping up to sell weed, and it’ll still be illegal to buy any.
In fact, it’ll still be illegal in the ACT to even be given a toke of someone else’s joint.
ACT chief police officer Ray Johnson warned that, even if no money changed hands, sharing weed was still technically an offence.
“If there’s evidence that someone is providing cannabis to someone else, that’s supply and that’s an offence,” he told ABC radio on Wednesday.
So much for passing the dutchie.
WHERE WILL YOU BE ABLE TO SMOKE?
While you’re free to spark up in your own home, smoking in public places will still be off limits.
Driving under the influence of cannabis is obviously still illegal as well.
WHAT’S THE GO WITH GROWING YOUR OWN BUSH?
One of the strangest quirks of the new legislation is that you will technically have to break the law to start growing your legal crops.
This is because you still won’t be able to buy, sell or give seeds to anyone in order to grow plants.
CAN I TAKE SOME HOME WITH ME?
Even if you’ve stuck to all the rules about growing and possessing weed in the ACT, it’s definitely not advisable to try to bring any outside of the border.
That’s because it’s very much illegal everywhere else in Australia, including NSW that completely surrounds the ACT.
So, if you attempt to take any out, you could be fined and in serious cases even jailed.
WHAT’S THE CATCH?
OK, so even though the intoxicating herb will be legal come January 31 (which will inevitably become some sort of dope smoker’s national holiday), you could still be prosecuted under Commonwealth laws for having some on you.
If you’re found to have any, it’s assumed that it will be up to the police officer who stops you to make a call on whether you’re breaking the law or not.
However, it’s not entirely clear what would happen in this situation at this point in time.
On the Today show this morning, federal Greens leader Richard Di Natale said the uncertainty over the legality of weed use in Canberra showed Australia needed a uniform approach to the drug.
“There are concerns that the federal police could still intervene in the ACT, so what we need is a national approach,” he said.
However, ACT’s chief minister has shrugged off concerns Canberrans will be targeted by federal prosecutors.
Andrew Barr says the laws will free police up to focus on large-scale cultivation and drug networks.
“Does anyone seriously think the Commonwealth DPP (Director of Public Prosecutions) is going to spend all of their time, or a considerable amount of their time, prosecuting individuals in the ACT for the possession of less than 50 grams of cannabis?” he told ABC’s Radio National on Thursday.
“It’s one thing for police to arrest someone, it’s another thing to successfully prosecute someone.”
The existence of the ACT legislation is a defence if people are charged under Commonwealth laws, Mr Barr says.
WHAT ABOUT JERVIS BAY TERRITORY?
Although we might think of the ACT just covering the city of Canberra and its surrounds, the Jervis Bay Territory — a scenic chunk NSW coastal land about 90 minutes south of Wollongong — also falls under its jurisdiction.
The territory was surrendered by New South Wales to the Commonwealth Government in 1915 so that the Australian Capital Territory would have access to the sea.
However, the ACT government and police have now confirmed the new weed laws will not apply there.
WHAT’S THE CURRENT SITUATION WITH WEED LAWS IN CANBERRA?
Cannabis possession in the ACT is already decriminalised.
Under existing laws, people with up to 50 grams or two plants for personal use face fines.
If paid within 60 days, it won’t appear on someone’s criminal record. The chief minister says ACT police have been balancing this overlap with the Commonwealth for nearly three decades.
“My advice to everyone is that this is an evolution not a revolution,” Mr Barr said.
IS EVERYONE IN CANBERRA HAPPY WITH THE NEW LAWS?
Although the new bill went through yesterday without much fuss at all, there are obviously still many in the ACT who have reservations.
One of them is the territory’s shadow attorney-general Jeremy Hanson, who still thinks it’s sending the wrong message, citing research showing marijuana’s link to causing psychosis.
Mr Hanson is concerned it will lead to more drug-driving and doesn’t believe the laws are enough of a deterrent.
But he doesn’t expect the Federal Government to test the overlap in the courts.
“A greater concern is an individual out there thinking they’re doing the right thing, thinking they’re doing something legal and finding themselves being charged with a Commonwealth offence,” he told Sky News.
“The reality is we had a pretty good regime up until yesterday, It’s not like people were being thrown into jail for cannabis use holus-bolus.”
— with AAP