Windows of opportunity for changing drug laws open infrequently and they often close without legislative change being affected. In this paper the author, who has been intimately involved in the process, describes how evidence-based recommendations to ‘decriminalize’ cannabis have recently been progressed through public debate and the political process to become law in Western Australia (WA). This paper describes some of the background to the scheme, the process by which it has become law, the main provisions of the scheme and its evaluation. It includes reflections on the role of politics and the press in the process.
A number of other countries have implemented changes in law that significantly reduce the extent of criminalization of marijuana use. Only in Australia and the Netherlands have there been any changes on the criminalization of the supply side and in neither of those countries is it legal to both produce and sell the drug. The relaxations so far, with the exception of the Netherlands, have not been very great i.e. have not much changed the legal risks faced by a user of marijuana. Thus it is perhaps not surprising that the changes in prevalence of use have not been substantial. This paper provides a brief review of the changes that have been tried outside the US. The emphasis is on the nature of the changes and how they have been implemented rather than on outcomes.
Cannabis is the cutting-edge drug for reform, the only politically plausible candidate for major legal change, at least decriminalisation (removal of criminal penalties for possession) and perhaps even outright legalisation (permitting production and sale). Compared with other drugs, the harms, physiological or behavioural, are less severe and the drug is better integrated into the culture. Throughout Western Europe and in the Antipodes there is pressure for reductions in the punitiveness of the marijuana regime.