Controlled Substances (Cultivation Of Controlled Plants) Amendment Bill

14 Nov 2007 archivespeech

This speech is in relation to the Controlled Substances (Cultivation Of Controlled Plants) Amendment Bill. This bill amends the Controlled Substances Act by repealing the present $500 maximum fine for cultivating up to 10 plants for 'personal use', and increases the maximum fine for cultivating a controlled plant from $2,000 to $10,000, but the term of imprisonment will remain the same.

Adjourned debate on second reading.

(Continued from 25 July 2007. Page 479.)

The Hon. J.M.A. LENSINK (20:26): This bill amends the Controlled Substances Act by repealing the present $500 maximum fine for cultivating up to 10 plants for 'personal use', and increases the maximum fine for cultivating a controlled plant from $2,000 to $10,000, but the term of imprisonment will remain the same. We previously supported a bill that was sponsored by the Hon. Dennis Hood in relation to the possession of plants, because we believe that this particular aspect of the Controlled Substances Act is an anomaly in the system. I think that most reasonable people would say that if you can possess up to 10 plants, which may have been produced by hydroponic means—it might have been very well fertilized and well lit but, unfortunately, it might have set your house on fire in the process—in terms of street value it could be worth up to $40,000. That number of plants to any sensible thinking person is certainly more than anybody would require for personal use. South Australia has been described many times as the hydroponic capital of Australia. We have a cash cottage industry that thrives in this state because a number of loopholes within our laws are quite lax. As we know in this day and age—and, certainly, this is backed by the AMA and a number of medically-based and science-based organisations—the effects of cannabis can be quite harmful and can have similar effects to tobacco smoking. It is of great concern to a number of members and people in our communities that it can trigger schizophrenia in people who are at risk. Unsurprisingly, we will be supporting this bill because we think that it is an anomaly in the system. The honourable member should be commended for bringing it into the council.