Australia’s Green Party says parliament has the power to legalize recreational cannabis in the country as the party prepares to bid for cannabis reform.
according to Guardian, The Green Party – now a minority party in Australia – has been advised by constitutional lawyer Patrick Kaiser, who has argued that Parliament could overturn state law on the matter.
“The advice is that the three federal governments that make it possible to legalize and regulate the use of cannabis in the most obvious way, through portions of Section 51 relating to copyright, invention and design patents, and trademarks. It suggests someone in power.” Guardian report.
under the aforementioned section 51Congress has the power to “make laws for the peace, order, and good government of the Commonwealth, with respect to trade and commerce with other nations and between states; taxation; Incentives for the production or export of goods Borrowing money on federal public credit Postal, telegraph, telephone, and other similar services Federal and some state naval and Military defense and administration of armed forces to enforce and maintain Commonwealth law Lighthouses, lighthouses, beacons and buoys Astronomical and weather observations Quarantine Fishing in Australian waters beyond territorial limits Census and statistics currency, coins and legal tender Banks other than state banks State banking, establishment of banks and issuance of banknotes beyond the limits of the country concerned Insurance other than state insurance and limits of the country concerned National insurance expanding beyond Weights and measures; Bills of exchange and promissory notes;
The Guardian reports Keyzer’s advice centered on the portion of the section relating to “copyrights, invention and design patents, and trademarks,” and required the federal government to “regulate cannabis strains as plant varieties and list them on the cannabis schedule.” I give you the authority to do so.” In that regard, the Commonwealth has exclusive regulatory control. ”
Green Party spokesman David Shoebridge said in a statement Monday, as quoted by “We have been told to wait too long before the cannabis law is amended. Guardian.
“Recreational cannabis is enjoyed by millions of people in Australia and around the world, and it is increasingly ridiculous to pretend otherwise,” added Shoebridge. “At least 40% of Australians use cannabis and laws that criminalize almost half of us need to be repealed.”
A poll earlier this year found Australians were divided on the issue of changing the country’s marijuana laws, with 50% saying they supported full cannabis reform.
Polling firm Essential Research said it represented a significant increase from 2013, with only about 25% in favor of complete reform.
Meanwhile, a study released this summer by the Australian Institute of Health and Welfare found a higher proportion of people in the country prefer smoking weed to smoking.
The Greens aren’t the only ones pushing cannabis reform. Earlier this year, Australia’s single-issue legal cannabis party came as close as winning a seat in the country’s Senate elections, surpassing expectations.