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CJC REPORT SAYS YES TO THE JOKE -by Tony Kneipp ------------------------------- Brisbane HEMP FITZGERALD FAILS On Wednesday 13th July the Queensland Criminal Justice Commission released its long awaited "Report On Cannabis And The Law In Queensland". This report represents one of the final stages in the general review of the criminal law that was recommended by the Fitzgerald Commission of Inquiry. With this report the Fitzgerald process is now effectively over. As a reform process it can be seen to have failed. "DECRIMINALISATION PAST ITS USE-BY DATE" The report recommends a number of reforms with respect to possession and cultivation of small amounts, but the author of the report, Dr David Brereton, and the head of the CJC, Rob O'Regan QC, made it clear at the media conference that these reforms in no way represented some kind of decriminalisation. Brereton said he thought that decriminalisation was a confused term that had passed its use-by date; something was either legal or illegal. The report recommended making a simple offence of (a) possession of 100 grams of marijuana or 20 grams of hash; maximum penalty six months jail and or $1500 fine. (b) cultivation of not more than 10 plants; maximum penalty two years jail and or $6000 fine. For first offenders it recommended that there be no conviction and a maximum $500 fine. It also recommended removing the offence of using implements such as bongs, and recommended limiting search powers without a warrant for investigation of these simple offences. THE REFORMS THAT GIVE US NOTHING There had been some suggestions in the main stream media that the report would recommend a system similar to the expiation notices schemes in South Australia and the ACT. HEMP were somewhat more sceptical, and organised a picket outside the CJC in anticipation of the result. Media reports focused on some of the Hempers smoking defiantly on the picket line. While the recommended reforms certainly look good by comparison with the current laws, which still provide for 15 year jail terms even for these small offences, in practice it represents no reform at all. The recommended penalties are based on current practice in the magistrates courts. So what they are giving us is what we've already got. THE MIDDLE PATH The Courier-Mail's feature article the following day was headlined "The Middle Path". Wayne Goss praised the report as "well researched and sensible". He said "I'm pleased the starting point of this debate is that the CJC has rejected legalisation, decriminalisation and on the spot fines used in South Australia and the ACT." In other words, after all the fallout between the CJC and the government over the CJC's report on prostitution law reform and the government's rejection of it, this time the CJC has come up with a report that is thoroughly in line with government thinking. What the report hasn't done is suggest anything that will change the black market marijuana industry in Queensland, which the discussion paper leading up to the report valued at $280 million a year wholesale, making it the state's second biggest cash crop, after sugar and ahead of wheat. The Goss government's law reforms on prostitution made prostitution by individuals legal, but banned any form of brothels. But lately the brothels around the Valley have again become as conspicuous as they ever were. SAME JOKE, NEW BOSS It's business as usual. Goss's moral wowserism has given us the same old joke, under new management. The report is full of contradictions and repeats many of the well worn myths about marijuana use, its health effects, and the law, even while mentioning clear evidence to the contrary. The conclusions of the report are clearly in conflict with its own research. The sudden unexplained departure of Phil Dickie from the committee after writing the earlier discussion paper is obviously part of the reason for this. The document reeks of an earlier draft which has been knocked back into line in a rewrite. In his column in the Sunday Mail, Phil Dickie headlined his own scathing response "Its criminal what they're NOT doing". SAVING US FROM OURSELVES At the bottom line, the report trots out the same old tired prohibitionist line about the need to ban dangerous drugs for the good of us all:- "Although legalisation may have some benefits, the Commission rejects this option for the following reasons: - Although the available research suggests that the effects of cannabis may not be significantly more harmful than some licit drugs, this is not sufficient reason for adding to the list of available drugs, especially given the national health costs associated with licit drugs. - Even if a tightly regulated form of legalisation were adopted, the legalisation of cannabis, like the legalisation of tobacco and alcohol, would probably lead to an increase in the use of cannabis in the community. - Australia's obligations under the Articles of various international drug conventions preclude the legalisation of cannabis." The same reasons were given for rejecting decriminalisation a la ACT and South Australia. Under such a scheme use might go up, and maybe such a regime wasn't 100% kosher under our treaty obligations. In the press conference, David Brereton said the reason 63% of submissions to the CJC supported legalisation and 73% supported decriminalisation was that pro reform groups had been actively lobbying, and it wasn't a true reflection of public opinion on the issue. But these figures are in fact in line with the CJC's own research. On pages 67-68 of the report the CJC publishes the results of a public opinion survey it commissioned. Of the 850 people questioned in the telephone survey, 47% supported legalisation, and a further 27% supported an on the spot fine. THE LAW IS AN ASS While the report gives the Goss government an out on drug law reform, Brisbane HEMP and other activists have no intention of letting the matter rest there. This year leading up to the report, we have staged two large demonstrations of 1000 and 1500 people. This process will continue. The next major demonstration will be on Friday October 21. That day is the final day for submissions to the Parliamentary CJC Committee on the CJC's report. HEMP's submission will be carried to Parliament House on a giant donkey bearing the slogan The Law is an Ass. This will be followed by active civil disobedience, with some of us smoking openly in front of Parliament House.