Canberra se torna a primeira cidade da Austrália a legalizar maconha

Austrália, Política

hempadao 25 setembro, 2019

A capital da Austrália, Canberra, se tornou nesta quarta (25) a primeira cidade do país a legalizar a posse e o cultivo de maconha.

Fonte: G1

O texto aprovado pelo Parlamento local retira a punição por posse de até 50g de maconha seca ou 150g de maconha “fresca”, e também remove penalidades por cultivar até duas plantas do gênero Cannabis.

A nova lei passa a valer a partir de 31 de janeiro de 2020, mas ainda precisa ser sancionada pela ministra da Saúde do Território Capital da Austrália, Rachel Stephen-Smith. O território abarca Canberra e algumas pequenas cidades no entorno.

A permissão só se aplica a maiores de 18 anos. Cada domicílio poderá ter no máximo quatro plantas (2 por pessoa), e o cultivo artificial continua proibido. Fornecer a substância de forma gratuita ou vendê-la também permanece ilegal.

Segundo um relatório do governo australiano, a maconha é a droga ilícita mais usada no país. No ano fiscal de 2017-2018, houve mais de 72 mil prisões relacionadas à substância no país, 92% delas de consumidores.

Em 2016, o Parlamento australiano já havia aprovado uma emenda permitindo o cultivo de maconha para propósitos médicos e científicos.

Conflito com lei federal

Ainda não se sabe como a lei aprovada será aplicada em relação à norma federal, que proíbe a posse da substância. Segundo o jornal “Canberra Times”, ficará a cargo da polícia fazer acusações com base na legislação federal.

O chefe de polícia da capital afirmou, de acordo com o jornal, que a organização trabalharia com o governo “para tratar da implementação” da legislação. Já o procurador-geral do território, Gordon Ramsay, disse ao Parlamento local que, em casos sobre os quais houvesse uma lei federal e outra estadual, era permitido à polícia e aos tribunais aplicar as normas locais.

“Isso não elimina completamente o risco de pessoas serem presas sob a lei federal”, afirmou Ramsay.

As leis sobre posse e uso de maconha mudam de acordo com cada estado ou território australiano. Sob a legislação atual de Canberra, cultivar uma ou duas plantas de Cannabis ou possuir 50g de maconha prevê multa de 160 dólares australianos (cerca de R$ 452).

Já a posse de mais de 50g prevê uma multa máxima de 8 mil dólares australianos (cerca de R$ 22,6 mil) ou 2 anos de prisão – ou ambos.

Não é a primeira vez que as leis do Território Capital da Austrália entram em conflito com as federais. Em 2013, Canberra legalizou o casamento entre pessoas do mesmo sexo – mas a norma foi derrubada pela corte mais alta do país, que decidiu que a lei era inconsistente com a legislação federal vigente. O país legalizou o casamento igualitário em 2017.



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