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November 9, 2026

Decriminalisation a first step in regulating marijuana in NSW?

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Cymra Life Sciences cannabis production. Photo Crystal Buckingham.

As the NSW Upper House released its final report into the regulation of cannabis in NSW it is clear there is a significant and ongoing shift in community views on cannabis use with the latest Roy Morgan poll demonstrating that 48 per cent of Australians now support legalising marijuana.

The age groups 18–24-year-olds, 25–34-year-olds, and 35–49-year-olds all now have over 50 per cent support for legalising marijuana over it remaining illegal. The 14–17 age group, 50–64-year-olds, and those 65 and over still fall below the 50 per cent support mark for legalisation but they have all seen a shift in the direction of support for legalisation. 

Jeremy Buckingham MLC at Cymra. Photo Crystal Buckingham.

Decriminalisation recommended

The recently tabled NSW Upper House committee’s final report has included findings and recommendations for the 2024 Drug Summit and recommended a staged approach to cannabis law reform.  

‘To start, the NSW government should remove draconian custodial sentences for possession of small quantities of cannabis,’ said Chair of the committee, the Hon Jeremy Buckingham MLC.

‘Then, we recommend decriminalisation of cannabis use and possession, and ultimately a move towards a safe, regulated, legalised cannabis market. This can be accomplished in a way which will significantly reduce the harms of the current regime.’

The committee found that Canada offers a useful model for legislation of cannabis that the NSW government could assess when crafting a model in NSW.

The committee also made recommendations about the federally regulated medicinal cannabis industry. It recommended that the NSW government advocate to the Commonwealth government to implement incentives, programs, and supports to prioritise local producers of cannabis over importers. It also considered the Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023, and recommended the government prioritise this legislation.  

Cannabis activist Michael Balderstone marching with the Medical Marijuana mob during the 2017 Mardi Grass official protest rally in Nimbin. Photo Tree Faerie

Driving laws need to change

Speaking to The Echo, Michael Balderstone, President, Nimbin HEMP Embassy, Legalise Cannabis Australia (Formerly Australian HEMP Party) and Nimbin MardiGrass said, ‘Jeremy couldn’t have done more for us after the NSW Premier, Chris Minns, refused to budge on any law changes. Jeremy’s been beavering away on his one big job and it kind of validates us being a single issue party I think, it’s so hard to get heard down there.  

‘I’m sure he would rather be in his Bellingen garden on some days rather than wearing a suit. He moved his whole family to Sydney after getting elected and his years of experience as a Greens MP has been a massive bonus for the Legalise Cannabis Party as he knows how the system works. I’m super grateful for what he’s doing for us and hopefully we’ll see some change on the driving laws soon.’

Commenting on cannabis use and driving Mr Buckinham said, ‘The continued criminalisation of medicinal cannabis users who drive unimpaired is unacceptable – particularly when the committee found that the presence of cannabis in a person’s system does not necessarily indicate that they are impaired.’ 

Federal laws have passed allowing for the cultivation of cannabis for medicinal purposes. (file pic)

The Roy Morgan poll, which canvassed over 69,000 Australians, highlights the changing attitude to marijuana use with men more inclined to back the legalisation of marijuana, with 51 per cent saying it should be legal (40 per cent opposed) compared to 45 per cent of women (42 per cent opposed).

‘The easy availability of legal mediweed is fast changing people’s minds about cannabis and there’s nothing like experience as the real teacher,’ said Mr Balderstone.

‘This is a herb that has never killed anyone in ten thousand years and I don’t think Australians like finding out they’ve been lied to about such a good and safe medicine either.’



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