Section 113 of the Constitution and Its Impact on the Regulation of Cannabis Oil for Recreational Purposes.

Abstract

The legalisation of cannabis in Australia is attracting significant political support at the moment. Medicinal cannabis has already been legalised, and is regulated, at the national level in Australia. Given the strength of support for political parties that are focused on this issue, it is not fanciful to suggest that political pressure to allow non-medical use of cannabis oil in Australia, or States of Australia, will rise in the near future to the point where legislative action will take place. The purpose of this article is instead to explore how a very rarely considered provision, s 113 of the Australian Constitution, might operate to guide or restrict the choices that can be made by Australian parliaments if they decide to legalise and regulate non-medical use of cannabis oil. We also discuss s 113 of the Constitution in the context provided by other constitutional provisions. This inquiry is important, because (of course) any attempt to legalise adult use of cannabis oil must be supported on constitutional grounds.