Late last year, a parliamentary report was issued in New South Wales that called for cannabis reform in the Australian state. The 148-page report described cannabis reform as being the “only rational course of action.”

Currently in New South Wales, cannabis possession without intent to distribute is punishable by up to two years in prison, and ‘gifting’ cannabis is treated as distribution. The parliamentary report from last year recommended that the penalty for possession be reduced to a maximum of three months, or to penalize such activity with only a fine.

Additionally, the report recommended that ‘gifting’ cannabis without consideration should be treated as possession, and that medical cannabis patients should be afforded an affirmative defense when they test positive for THC but do not exhibit signs of intoxication when operating a motor vehicle on public roadways. Unfortunately, government officials in New South Wales have rejected the recommendations.

“Recommendations 3 through to 6 of the Final Report recommend, via differing approaches, to decriminalise or legalise cannabis in NSW.” the New South Wales government stated in a letter to the Clerk of the Parliaments. “The NSW Government’s policy position, which has been made clear to the community in previous public statements by the Government, is that it has no intention to decriminalise or legalise cannabis or to take steps to do so.”

In the Australian Capital Territory, where the country’s capital is located, cannabis is already decriminalized and has been since January 2020, with no major issues being reported. Unfortunately, the New South Wales government has refused to follow suit.

Cannabis remains prohibited at the federal level in Australia, although medical cannabis is legal in some instances. One area of public policy that is causing headaches in the Australian Capital Territory, as well as the rest of Australia, pertains to driving under the influence. Medical cannabis patients do not have an affirmative defense when found to be driving with metabolized cannabinoids in their system, even though they may not be impaired at the time.

Nearly half of Australian adults support modernizing the nation’s policies to permit adult-use cannabis activity, according to the results of a poll conducted by Roy Morgan published earlier this year. The poll found that support for recreational cannabis legalization in Australia has increased by 15% over the last ten years.

“Opposition has fallen to 41%, also down 15 points since 2015 (from 56% and 49% in 2019), while 11% remain undecided. The latest figures reflect a decisive shift in national sentiment towards legalisation.” the pollsters stated.

“Over 69,000 Australians were asked: “In your opinion should the smoking of marijuana be made legal – or remain illegal?” from April 2024 to March 2025.” Roy Morgan also wrote on its website regarding their poll.