Fact Check: "Current cannabis penalties in NSW are described as 'absurd, draconian, and antiquated.'"
What We Know
The claim that current cannabis penalties in New South Wales (NSW) are described as "absurd, draconian, and antiquated" is supported by a recent report from the NSW Parliament. The report highlights that the maximum penalty for cannabis possession and use, which can be up to two years in prison, is viewed as excessively harsh given the current societal attitudes towards cannabis. Specifically, the report states, "it is absurd, draconian and antiquated that in New South Wales the maximum ... custodial sentence for people found with a small quantity of marijuana" is still in place (source-1, source-2).
Furthermore, the report's findings have led to discussions among NSW politicians regarding the inevitability of cannabis decriminalization, emphasizing the need to reform outdated laws (source-5, source-8).
Analysis
The characterization of cannabis penalties as "absurd, draconian, and antiquated" reflects a growing consensus among lawmakers and public health advocates in NSW. The report from the NSW Parliament is a credible source, as it is an official document produced by a legislative inquiry that gathered evidence and testimonies regarding cannabis regulation in the state. The language used in the report indicates a clear critique of the existing legal framework, which many see as out of step with contemporary views on cannabis use (source-1, source-2).
However, while the report's findings are significant, they are part of a broader discourse on cannabis regulation, which includes various perspectives on the implications of decriminalization and legalization. Critics of the current penalties argue that they disproportionately affect marginalized communities and fail to address the realities of cannabis use in society (source-5).
The reliability of the sources cited is generally high, given their official nature and the context in which they were produced. However, it is essential to note that opinions on cannabis regulation can be influenced by political and social biases, which may affect interpretations of the data presented.
Conclusion
The claim that current cannabis penalties in NSW are described as "absurd, draconian, and antiquated" is Partially True. While the language used in the official report supports this characterization, it reflects a specific perspective within a larger debate on cannabis regulation. The penalties are indeed viewed as outdated by many, but the discussion around cannabis law reform is ongoing, with varying opinions on the best path forward.
Sources
- Impact of the regulatory framework for cannabis in New South ... (https://www.parliament.nsw.gov.au/tp/files/191190/Report%2066%20-%20Impact%20of%20the%20regulatory%20framework%20for%20cannabis%20in%20NSW%20-%2020%20June%202025.pdf)
- Impact of the regulatory framework for cannabis in NSW (https://www.parliament.nsw.gov.au/lcdocs/inquiries/3043/Report%2066%20-%20Impact%20of%20the%20regulatory%20framework%20for%20cannabis%20in%20NSW%20-%2020%20June%202025%20accessible.docx)
- Criminalisation of Cannabis in New South Wales: Is Harm ... (https://classic.austlii.edu.au/au/journals/UNSWLawJlStuS/2017/1.html)
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- NSW politicians say cannabis decriminalisation inevitable ... (https://www.theguardian.com/australia-news/2025/jun/27/nsw-politicians-say-cannabis-decriminalisation-inevitable-after-report-points-to-unequal-system)
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- NSW politicians say cannabis decriminalisation inevitable ... (https://www.iask.ca/news/b5f6b6e3e17b9f0d7b7352890400191b/nsw-politicians-say-cannabis-decriminalisation-inevitable-after-report-points-to-unequal-system)
