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Pot in Canberra?

By 30 April 2011 9

It seems that people in Bathurst and other places are under the impression that pot is “legal” here in the ACT. It is something I have heard plenty about since I moved here. A bike mechanic in Sydney told me that since the ACT goverment banned fireworks, I would have to satisfy myself “with Pot and Porn”.

But what is the story with pot here in Canberra? I remember hearing that under a certain amount gets you a fine where as over that amount you are looking at spending some time in the local lock up.

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9 Responses to Pot in Canberra?
#1
Skidbladnir12:24 pm, 30 Apr 11

It is still illegal to possess, use, administer, cultivate, or have any quantity with intent to sell.
However, possession\cultivation of small quantity is decriminalised to the point of a simple cannabis offence (although the law says a single penalty unit fine, DoDA explicitly states the fine is only $100).
Source: ACT Policing

Background:
Drugs of Dependence Act 1989
Section 162: Cultivation of 1 or 2 cannabis plants (Pg10 of linked)
(1) A person commits an offence if the person cultivates 1 or 2 cannabis
plants.
Maximum penalty: 1 penalty unit.
(2) In this section:
artificially cultivate means—
(a) hydroponically cultivate; or
(b) cultivate with the application of an artificial source of light or heat.
cultivates has the meaning given in the Criminal Code, section 615 but does not include artificially cultivate.

Section 171: Possessing prohibited substances (Pg 12 of linked)
(1) A person shall not possess a prohibited substance.
Maximum penalty:
(a) if the offence relates to a quantity of cannabis not exceeding 25g in mass—1 penalty unit; or
(b) in any other case—50 penalty units, imprisonment for 2 years or both.

Section 171A: (8) In relation to a simple cannabis offence, the prescribed penalty is
$100.

Criminal Code 2002

618 Cultivating controlled plant (Pg 161 of linked document)
(2) A person commits an offence if the person—
(a) cultivates (artificially or otherwise) 3 or more cannabis plants;
or
(b) artificially cultivates 1 or 2 cannabis plants.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Note: Non-artificial cultivation of 1 or 2 cannabis plants is a summary offence
under the Drugs of Dependence Act 1989, s 162.

(Pg 148 – 149 of linked)
Section 603: Trafficking in controlled drug
(1) A person commits an offence if the person traffics in a large commercial quantity of a controlled drug.
Maximum penalty: imprisonment for life.

(3) A person commits an offence if the person traffics in a commercial quantity of a controlled drug.
Maximum penalty: 2 500 penalty units, imprisonment for 25 years or both.

(5) A person commits an offence if the person traffics in a trafficable quantity of cannabis.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

(8) A person commits an offence if the person traffics in cannabis.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.

Criminal Code Regulation 2005 (Page 21 of linked)
Schedule 1 – Controlled Drugs:
Part 1.2 – Cannabis
Trafficable quantity: 300.00grams
Commercial quantity 25.00kilograms
Large commercial quantity: 125.00kilograms

PS: Not a lawyer.

#2
Ozi12:33 pm, 30 Apr 11

This old chestnut. Must be the most popular thread about.

The above post is very informative. Basically, Pot of any form is illegal. Police have the option to issue a simple cannabis offence notice (Affectionately known as a “SCON”) for some cannabis offences.

This is an on the spot fine which, if not paid, leads to a summons to attend court. If it is paid, there is no criminal conviction recorded, hence the term “decriminalised.”

The number of idiots who plead innocence and say “but my friend’s cousin’s drug dealer told me marijuana was legal!” is quite astounding.

#3
Pommy bastard12:54 pm, 30 Apr 11

All together now….

Open your eyes, you’ll get a surprise, evil is sweeping
the nation,
It’s killing your sons and what merely stuns is
Your daughters are out for sensation
When they turn on their morals are gone
They don’t really know what they’re doing
It’s a teenage malaise, a dangerous craze
Leading their bodies to ruin
Reefer madness has stolen all their souls
Reefer madness is right out of control
Evil reefer madness is a mind eating troll

Marijuana monster is stalking the streets
He knows what he’s up to, he knows what he eats
He gobbles your body and spits out your mind
If you don’t believe it then you must be blind
Reefer madness has stolen all their souls
Reefer madness is right out of control
Evil reefer madness is a mind eating troll

Marijuana’s real enough
Marijuana’s real enough
Marijuana’s real enough

One night I was smoking dope, when I looked at
my hand, and I saw that I had eleven fingers,
one of these fingers fell from my hand,
onto the carpet, crawled across the floor,
Up on my shelf, inside my piggy bank and stole
my stash, stole my stash.
Reefer madness has stolen their souls
Reefer madness is right out of control
Evil reefer madness is a mind eating troll.

#4
luther_bendross2:02 pm, 30 Apr 11

Ozi said :

Police have the option to issue a simple cannabis offence notice (Affectionately known as a “SCON”) for some cannabis offences.

So in Canberra if you’re stoned then the cops will give you baked goods? Awesome! Is it BYO jam and cream?

#5
2620watcher8:49 pm, 02 May 11

So how do I grow 1 or 2 plants and not have more than 25grams? Do I need to pick it as I go (the same way my wife picks cash from the money tree)?

Murphy’s law says the cops kick down your door just as you have chopped off the trunk of 2 plants and you are standing there with a kilo or so (or however much you get off a fullsized adult plant.

Or must I grow bonzai plants under 25g?

#6
knuckles9:53 pm, 02 May 11

Now it took seven months of urging just to get that local virgin
With the sweet face up to my place to fool around a bit
Next day she woke up rosy and she snuggled up so cosy
When she asked me how I liked it Lord it hurt me to admit

I was stoned and I missed it
I was stoned and I missed it
I was stoned and it rolled right by
I was stoned and I missed it
I was stoned and I missed it
I was stoned oh me oh my

#7
PBO9:13 am, 03 May 11

The Jono went to Canberra, he was lookin’ to sell some weed,
He was doin’ fine, they were standin’ in line, it was excellent weed indeed,
When he came across this young man who likewise peddlin’ pot,
And Jono slid down the beach to the kid and said “Boy let me tell you what”

“I guess you kinda’ figured I’m a reefer head of course,
And after all this time I guess that I’m a connoisseur of sorts.
Now your stuff smells ok, but this could tranqulize a horse.
I bet a million in cash against your stash, cause I think mines better than yours.”+

The boy said “My name’s Johnboy, and you ain’t smoked nothing yet.
One hit of this grass’ll kick your ass, you got yourself a bet.”

Johnboy roll a ball of hash, and make sure it’s the bomb,
Cause Jono’s got the kind of stuff they smoked in Veitnam,
You’ll get a million smackeroos in cash if you can cope,
But if you can’t, then Jono gets your dope…

Jono packed a bong with a little Aculpulco Gold,
And resin flew from his fingertips as he fired up his bowl.
He filled that chamber all the way, and he took a mighty hit.
As they passed it back and forth, it gave em both a coughing fit.

(Coughing) …Damn….

When the bowl was finished, Johnboy said “Hey man that stuff was great,
But fill your lungs with some of this, and prepare to vegitate.

Jono nodded off because he knew that he was stoned,
And he asked if he could buy an ounce of the stuff that Johnboy owned.
Johnboy said “Jono just come on back if you ever want catch a buzz.
I done told you once you son of a bitch, Mine’s the best there ever was.”

#8
colourful sydney rac10:41 am, 03 May 11

I was gonna clean my room until I got high
I gonna get up and find the broom but then I got high
my room is still messed up and I know why
- cause I got high [repeat 3X]

I was gonna go to class before I got high
I coulda cheated and I coulda passed but I got high
I am taking it next semester and I know why
- cause I got high [repeat 3X]

I was gonna go to work but then I got high
I just got a new promotion but I got high
now I’m selling dope and I know why
- cause I got high [repeat 3X]

I was gonna go to court before I got high
I was gonna pay my child support but then I got high
they took my whole paycheck and I know why
- cause I got high [repeat 3X]

I wasnt gonna run from the cops but I was high
I was gonna pull right over and stop but I was high
Now I am a paraplegic – because I got high [repeat 3X]

I was gonna pay my car note until I got high
I was gonna gamble on the boat but then I got high
now the tow truck is pulling away and I know why
- because I got high [repeat 3X]

I was gonna make love to you but then I got high
I was gonna xxx yo xxxxx too but then I got high
now I’m xxxxxxx off and I know why
- cause I got high [repeat 3X]

I messed up my entire life because I got high
I lost my kids and wife because I got high
now I’m sleeping on the sidewalk and I know why
- cause I got high [repeat 3X]

I’m gonna stop singing this song because I’m high
I’m singing this whole thing wrong because I’m high
and if I dont sell one copy I know why
- cause I’m high [repeat 3X]

#9
john87_no12:37 pm, 03 May 11

2620watcher said :

So how do I grow 1 or 2 plants and not have more than 25grams? Do I need to pick it as I go (the same way my wife picks cash from the money tree)?

Murphy’s law says the cops kick down your door just as you have chopped off the trunk of 2 plants and you are standing there with a kilo or so (or however much you get off a fullsized adult plant.

Or must I grow bonzai plants under 25g?

The AFP generally have better things to do than bust people growing a small amount of pot for personal use. However that doesnt mean go waving it in everybodys face. Be smart, keep them small, dont grow more than you need/are “allowed” and if you do get caught be honest.

Plus 25g might not sound like a lot but it’s actually quite a bit, almost an ounce with a value starting around $280 >. or so ive heard….

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