ACT law on drug sets up turf war

FEDERAL attorney-general Christian Porter has warned Canberrans he doesn’t expect federal police to turn a blind eye to cannabis possession when the drug becomes legal there next year.

Commonwealth laws restricting the possession and use of cannabis would still apply in the ACT, Mr Porter said yesterday. The ACT Legislative Assembly passed laws legalising the recreational use of marijuana on Wednesday night.

Mr Porter said the Federal Government had yet to see a final copy of the Bill but would be reviewing it to see if it clashed with Commonwealth drug laws.

“I think this is a really dumb idea,” Mr Porter said. “If you’re in the ACT and you’re waking up today ... there are still Commonwealth laws that apply.”

He said the Government still expected ACT Policing, a branch of the Australian Federal Police, to do its job.

Earlier, Home Affairs Minister Peter Dutton described the new laws as unconscionable and suggested the government was considering challenging them.

“I think it might be trendy for the ACT Government to go down this path, and they’ll say they’re enlightened and progressive and all the rest of it,” Mr Dutton said yesterday.

“But I think it’s dangerous. Christian Porter is having a look at it at the moment.”

Mr Porter has previously indicated the Commonwealth was not weighing a legal challenge.

“This is a matter for the ACT, but where Commonwealth laws apply they remain enforceable,” he said earlier this week.

The laws allow residents over 18 to possess up to 50g and grow two plants. Under existing laws, people with up to 50g or two plants for personal use face fines.

I THINK THIS IS A REALLY DUMB IDEA. IF YOU’RE IN THE ACT ... THERE ARE STILL COMMONWEALTH LAWS. CHRISTIAN PORTER

If paid within 60 days, it won’t appear on someone’s criminal record. ACT’s chief minister has shrugged off concerns Canberrans will be targeted by federal prosecutors when the new scheme comes into effect next January.

“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?” Andrew Barr said. “It’s one thing for police to arrest someone, it’s another thing to successfully prosecute someone.”