The legal prohibition of cannabis has been in effect in NSW for a century and has not acted as a significant deterrence, having little or no impact on cannabis supply or use. Cannabis remains the most widely used illicit drug in NSW and Australia and usage rates have been relatively stable for decades. Jurisdictions across the world and Australia have reevaluated or are reevaluating their approach to cannabis and its
prohibition; driven by a policy approach that aims to regulate, reduce harms and costs and take cannabis production and profits out of the hands of organised crime.

The committee has been informed by a substantial body of evidence that has shaped its view that law reform regarding the regulation of cannabis in New South Wales is not only urgently needed but is also the only rational course of action.

This first report makes several preliminary findings and recommendations for law reform. 

Key findings

• Cannabis has a range of medicinal purposes, but more research is required to understand the full scope of its potential benefits.
• There needs to be further investigation of reported barriers to accessing medicinal cannabis in New South Wales, including high prices, low coverage in regional and rural areas, and a complex system that is difficult to navigate.
• The medicinal cannabis scheme is likely being used to facilitate both medicinal and recreational use of cannabis, potentially leading to an arbitrary distinction between those who lawfully possess cannabis and those who do so in breach of the criminal law.
• People who drive unimpaired after consuming medicinal cannabis are unfairly criminalised and legislative reform that does not jeopardise road safety should be considered.
• The criminal prosecution of minor cannabis offences can cause considerable harms to the individual which is disproportionate to their actions.
• The criminal justice system related costs of cannabis criminalisation are unreasonably high.

Recommendations

1. That the NSW Government considers 11 law reform measures. 
2. That implementation of these reforms, and any others, be monitored and evaluated and that a whole of Government response be provided to Parliament within 12 months of these changes.