Greens say Parliament can legalize cannabis in Australia

Australia’s Greens say Parliament has the power to legalize recreational cannabis in the country as the party prepares its cannabis reform proposal.

According to The Guardian, the Greens – currently the smaller party in Australia – have received advice from constitutional attorney Patrick Keyzer, who claims Parliament could override state laws on the matter.

“The Council suggests that there are three Commonwealth rulers that would enable it to legalize and regulate cannabis use, with the clearest route being through a portion of Section 51 dealing with copyright, patents on inventions and designs as well as brands,” The Guardian reported.

According to Section 51 mentioned above, Parliament has the power “to make laws for the peace, order and good government of the Commonwealth relating to: trade and commerce with other countries and between States; Taxation; but not to discriminate between states or parts of states; premiums on the production or export of goods, but such that these premiums are uniform throughout the Commonwealth; Borrow money on Commonwealth public credit; postal, telegraphic, telephone and similar services; the naval and military defenses of the Commonwealth and the various States and the control of the armed forces to carry out and uphold the laws of the Commonwealth; lighthouses, lightships, beacons and buoys; astronomical and meteorological observations; Quarantine; fishing in Australian waters beyond territorial limits; census and statistics; currency, coins and legal tender; banking, excluding state banking; further, state banking beyond the borders of the state concerned, the establishment of banks and the issuance of paper money; insurance, other than government insurance; also state insurances that go beyond the borders of the state concerned; weights and measures; bills of exchange and promissory notes; Bankruptcy and Insolvency” alongside a litany of other areas.

The Guardian reports that Keyzer’s advice revolves around the part of the section related to “copyrights, patents of inventions and designs, and trademarks,” and says it authorizes the Commonwealth to “regulate and concede to cannabis varieties as plant varieties.” initiate a timetable over which the Commonwealth has exclusive regulatory control.”

“We’ve been told to wait too long for cannabis law reform, even when it’s obvious that most of the damage is being done by the police and the war on drugs, not the plant,” said David Shoebridge, a spokesman of the Greens in a statement on Monday, as quoted by The Guardian.

“Recreational cannabis is enjoyed by millions in Australia and around the world, and pretending otherwise is becoming increasingly ridiculous,” added Shoebridge. “At least 40% of Australians have used cannabis and every law that makes almost half of us criminals must be scrapped.”

A poll earlier this year found that Australians were divided over changing the country’s marijuana laws, with 50% saying they support full cannabis reform.

Pollster Essential Research found that this represents a huge increase from 2013, when only about 25% said they supported full reform.

Meanwhile, a study released this summer by the Australian Institute of Health and Welfare found that a higher percentage of people in the country prefer to smoke weed than use tobacco.

The Greens aren’t the only party pushing for cannabis reform. Earlier this year, Australia’s Legalize Cannabis Party beat expectations in the country’s Senate election, nearly taking a seat.