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Biden pardon rightly differentiates cannabis from other illicit drugs

7th Oct 2022

United States President Joe Biden’s decision to pardon all prior federal offences of marijuana possession makes an important distinction between cannabis use and the use of other illicit drugs, says the Australian Lawyers Alliance (ALA).

“In Australia we have an absurd and unfair situation where courts can’t take into account the type of drug being used when making sentencing decisions – cannabis is equivalent to ice,” said Mr Greg Barns SC, criminal justice spokesperson, ALA. “Cannabis is treated in the same way as any other illicit drug and this approach is no longer in line with community behaviour or expectations.

“President Biden’s decision reflects the reality of cannabis use, and highlights the harm being caused by using a strict law enforcement approach to deal with cannabis possession and use.

“The research in Australia shows that more and more people believe that using cannabis should not make you a criminal. Every year millions of dollars are spent on the pointless prosecution of drug users, clogging our court systems and resulting in people – especially young people – ending up with criminal records that last a lifetime. 

“Taxpayer funds are wasted prosecuting people who use cannabis, and police time is wasted charging them.  We also know that Aboriginal and Torres Strait Islander peoples, young people and homeless people are disproportionately affected by the current drug laws.

“Australia’s current emphasis on law enforcement and punishment has not reduced cannabis use. Laws are only worthwhile and effective if they are respected by the community. If a law is regularly flouted, this is a telling sign that it has lost its authority and should be repealed. This is the case with our current cannabis laws.”

Tags: Law reform drugs USA