Pot, politics and the press—reflections on cannabis law reform in Western Australia

Abstract

Windows of opportunity for changing drug laws open infrequently and they often close without legislative change being affected. In this paper the author, who has been intimately involved in the process, describes how evidence-based recommendations to 'decriminalize' cannabis have recently been progressed through public debate and the political process to become law in Western Australia (WA). The Cannabis Control Bill 2003 passed the WA Parliament on 23 September. The Bill, the legislative backing behind the Cannabis Infringement Notice (CIN) Scheme, came into effect on 22 March 2004. This made WA the fourth Australian jurisdiction, after South Australia, the Australian Capital Territory and the Northern Territory, to adopt a prohibition with civil penalties scheme for minor cannabis offences. This paper describes some of the background to the scheme, the process by which it has become law, the main provisions of the scheme and its evaluation. It includes reflections on the role of politics and the press in the process. The process of implementation and evaluation are outlined by the author, foreshadowing an ongoing opportunity to understand the impact of the change in legislation.

Issues in the implementation and evolution of the commercial recreational cannabis market in Colorado

“…Public opinion plays a crucial role in the political process (Lenton, 2004), and politicians and law makers now see cannabis as an issue that must be addressed in election campaigns. Most notably the issue has a clear role in the 2016 presidential election (Hudak, 2015, March 22).…”

SPECIAL SECTION: EVALUATION OF THE WESTERN AUSTRALIAN CANNABIS INFRINGEMENT NOTICE SCHEME-PHASE 1: Community attitudes towards cannabis law and the proposed Cannabis Infringement Notice scheme in Western Australia

“…The reasons for these changes are unclear, but some have suggested that where support has waned this may be due to macro-economic downturns and associated youth conservatism [20]; (4) in Australia, national opinion poll support for legalization of possession and use of cannabis declined from an early peak of 31% in 1984 to 25% in 1987 and then climbed steadily to a peak of 33% in 1993 where it remained until 2001, when it declined to 31% [18,19]; (5) recent National Drug Strategy Household Surveys put Australian support for legalising cannabis at 29% in 2001 and 27% in 2004 [21]; (6) the highest levels of support for legalizing cannabis among the Australian community come from those who have used cannabis, the young (18 -34 years), males, those looking for work, those with higher levels of education and voters on the left of the political spectrum [18]; (7) in Australia, public opinion polls indicate that support for the application of prohibition with civil penalties to minor cannabis offences has remained at between 45% and 49% between 1979 and 1987 [18,22], although in these surveys the terms are rarely explained.…”

“…The details of the scheme and the background to it have been described elsewhere [4]. They include: under the Cannabis Control Act (2003) adults who are apprehended for a minor cannabis offence have the option of paying a fine in full, or completing a specified cannabis education session, within 28 days of receiving a Cannabis Infringement Notice (CIN) in order to avoid a criminal charge.…”

Expected impacts of the Cannabis Infringement Notice scheme in Western Australia on attitudes and drug use of school children

“…Under the Cannabis Control Act 2003, WA became the fourth Australian jurisdiction to adopt a 'prohibition with civil penalties scheme' for minor cannabis offences when its Cannabis Infringement Notice (CIN) scheme came into effect on 22 March 2004 [1]. This study, described in full elsewhere [2], forms part of the prepost evaluation of the legislative reforms, aimed to measure the impact of the changes on attitudes and drug use of school children.…”