A member of the Australian Greens says fresh legal advice paves a clear path for the national legalisation of cannabis.
The Australian Greens say fresh legal advice from an expert in constitutional law paves a clear path for the national legalisation of cannabis.
NSW Greens senator David Shoebridge announced on Twitter on Monday morning that his office had received advice that all state legislation criminalising cannabis use could be overridden by the commonwealth, with the legalisation of its use a possibility this year.
In an explainer released for their renewed campaign, the Greens said advice from constitutional law expert and dean of law at Australian Catholic University, Patrick Keyzer, revealed a pathway to legalising cannabis was through the commonwealth’s power to regulate plant variety rights under section 51 of the constitution.
“In short, the commonwealth can regulate the cultivation, licensing and sale of cannabis,” the Greens said, referring to Mr Keyser’s advice.
They said this included “all ancillary machinery provisions needed to create a legal national market for cannabis”.
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