In June 2023, Rachel Payne MLC introduced the Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill in the Legislative Council in Victoria. The Bill would make it lawful for an adult to cultivate a certain number of cannabis plants and to possess and use small quantities of cannabis and tetrahydrocannabinol.
In September 2024, the Legislative Council referred the Bill to its Legal and Social Issues Committee for inquiry, consideration, and report. GLaD members Prof Kate Seear and Dr Sean Mulcahy from GLaD made a submission to the inquiry.
In March 2025, the Committee tabled its report. The key recommendation was that ‘any cannabis law reform legislation should be progressed as a Government Bill’ and that the Government ‘consider adopting an approach in line with that proposed by the Bill’ with amendments, including through the addition of:
- an offence to prohibit the storage of harvested cannabis within reach of children;
- provisions to prevent any cultivation of cannabis using hydroponic techniques or equipment; and
- a five-year statutory review clause.
Our submission also proposed additional amendments to protect people experiencing homelessness against criminal penalties as they are not able to cultivate or possess cannabis at home, and amendments increase the small quantity for fresh or harvested cannabis permitted for possession, in line with the ACT Drugs of Dependence (Personal Use) Act 2022.
The Committee also recommended that the Government consider a scheme to expunge commensurate prior convictions and review the eligibility requirements of existing drug diversion programs for persons under the age of 18. Our submission also proposed amendments ‘to insert a legislative note that a youth caution may be given to a child for an alleged offence’ and that ‘the Victoria Police Manual be updated to reflect that this should be the default approach to small quantity cannabis possession offences by young people’.
We also recommended that the Government ‘review the eligibility requirements of diversion programs, to ensure that they are operating effectively and are, wherever possible, codified in law’, including through:
- not requiring police to consent to offering an offender drug diversion;
- alternatives to admitting the offence which do not result in a finding of guilt; and
- reviewing the cap on the number of diversions a person can receive where a minor drug/cannabis offence is the sole or primary offence.
By September 2025, the Government will respond in writing to the recommendations made by the Committee, including any actions it will take. We are hopeful that the Government will also consider the suggested amendments to the Bill proposed by stakeholders, including GLaD, when it publishes its response.