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admin | frugal living tips and ideas | 18.02.2016
Each strand in the complex web of law has different sources and relationships to the other. Each of the classifications below have at some point been recognized and enforced or protected by a governmental body in the United States.  The relationship between each type of law can be quite complex, with a type of law governing in some circumstances, but not others.
In medieval England, the law was simply the word of the King, bishop or sheriff, often mixing secular law with liturgical law tracing back to the Ten Commandments. The judges’ recorded decisions would be studied and followed by other judges deciding cases with facts similar to earlier cases.
The continuation and evolution of the common law gives meaning to all other sources of law. The US Constitution additionally defines the relationship between the federal and state governments. As a country the United States is bound by its treaties under international law.  The US derives its existence from Natural Law and its courts conduct themselves in the traditions of English Common Law.
An interesting relationship between International Law and US domestic law is how the States relate to one another legally. When Congress (the national legislature) or a state legislature passes a law, the law must comply with the processes, be within the powers and not beyond the limits set out by the relevant constitution. Long ago, the common law had developed to define many areas of law including contracts, personal injury and more.
If a statute does not comply with a constitution’s grant of power, limitations or prescribed process for passage, a court may declare it void as unconstitutional. Since the New Deal, there has grown up a virtual alphabet soup of regulatory agencies: FDA, FCC, ICC, FTC, ATF, EPA, CFTC, EEOC, FEC, FHA, FRA and more. Congress and state legislatures have given these agencies the authority to make rules that have the full force and effect of law. The granting of power to an executive agency to make law is called a delegation of legislative authority by the legislature. David Shestokas is the author of Constitutional Sound Bites and host of Constitutionally Speaking .
On Facebook, join the more than 4,700 members of Dave Shestokas on the Constitution and like the pages for David J.
Two significant pieces of legislation address the needs of individuals with disabilities on the college campus.
An equal opportunity educational institution affiliated with the State University of New York. Apply this same scenario to other offenses like DUI, marijuana possession, or shoplifting and you can imagine how someone could make their life miserable and suffer potentially life-long consequences simply because they did not pick up the phone and call someone like me.
The basic gist is this: It is illegal to use, possess, grow or sell cannabis in Australia, but the penalties for cannabis offences are different in each state and territory. Well we have to begin with the terms legalisation and decriminalisation, and of course prohibition. Some jurisdictions have decriminalised minor cannabis offences, such as the possession of a small amount of the drug for personal use. SA (South Australia) - SA has had the most relaxed of all decriminalised states for the longest of all as they were the first to institute them in 1987. ACT (Australian Capital Territory) – I find it incredibly ironic that the state which contains our Parliament House has had the most relaxed form of our cannabis laws for the past 18 years. Cheers guys, but that raises a question in my mind, namely is that to say that in the eyes of the law if cannabis is decriminalised such offences are akin to speeding?
Am I honestly supposed to believe that if you get busted with cannabis in a state where it is decriminalised people will view you the same way as someone who has been caught doing 50 over the speed limit?
Heroin, cocaine, ecstasy, cannabis, prescription and over-the-counter medicines, alcohol, tobacco, coffee, tea – we are all people who use drugs. Regardless of this, we have NSW (New South Wales), QLD (Queensland), WA (Western Australia), VIC (Victoria) and TAS (Tasmania) left as the states where cannabis possession and use is a criminal offence. It is unlikely that someone caught with a small amount of cannabis for the first time would receive a criminal conviction, because of the diversion programs that run in these states according to the NCPIC.
THE ANSWER IS, EVEN THOUGH IT IS ILLEGAL IN THESE FOUR STATES, IF YOU HAVE LESS THAN A CERTAIN AMOUNT YOU WON”T BE CHARGED.
TAS - possession of up to 50 grams of cannabis can be given a caution up to three times in ten years. Firstly let me say I can’t express my disappointment at the absolute irrationality and seemingly ad-hoc nature of policy that has implications for so many of our youth and their future opportunities.
I would argue that ironically the USA now, in certain states (simple example here), is the country we should again be following in terms of cannabis legalisation and regulation, and I am quite sure that the well being of millions of Australians should override any pathetic piece-of-propaganda treaty like the one known as the United Nations Single Convention on Narcotic Drugs 1961. Unfortunately I was busted in NSW, but I also had a few other drugs in my possession too so I was not eligible for diversion.
Secondly, this thread right here is as good as anywhere for the current laws of each state in Australia (or territory) regarding weed. Hi, I wish to voice my disdain about the toughening of the cannabis laws which occurred some time ago spearheaded by yourself. Used in moderation such a substance presents very low health risks and certainly is nowhere near as damaging as you would have us believe! I have been a smoker of cannabis since I was 13 years of age and have done so on and off for 35 years, I have a rock solid job, keep an immaculate home, have excellent moral values and am a productive member of the community. Having a relaxing smoke AFTER my days work and chores etc are COMPLETE for the day is MY WAY OF RELAXING but it is now just a distant memory thanks to policy makers such as yourself!
It IS NOT a deadly product which causes psychosis in almost every user as you would have us believe in actual fact it brings out my inner creativity in a way which simply is not possible for me to achieve with any other means and it has been taken from me by a government making uninformed decisions regarding this substance. I once heard you on radio 6PR a few years ago and when questioned about cannabis by Mr Paul Murray you could not even describe how it looked yet alone have any real proof on its negative effects but just to say that mental hospitals are full of people having schizoid reactions to it! This is absolute rubbish – wards are full of people with complications from alcohol and many graves are filled with people whom have died from lung cancer etc from tobacco smoking – both still legal!!! Meanwhile people continue to die by the thousands thanks to the still legal drugs and this is unacceptable! Thanks to these laws and the difficulty in obtaining real cannabis I like many others have been effectively railroaded into buying the relatively new herbal incenses which are full of dangerous chemicals and are far more damaging to health and pocket! So thank you very much “not” for initiating these draconian laws to the masses and forcing people onto substances which have more negative effects than unprocessed naturally occurring cannabis which has been used by mankind for thousands of years with very low if any bad and unmanageable side effects! You will find many posts on thousands of forums agreeing with me when I say that if this substance was made legal and regulated it is a win win both for government with taxable income on the sale of the substance , the end user who enjoys a relaxing smoke after work and eliminating the black market sale of the substance. A hardworking citizen with good ethics, moral values and a sense of doing what is right in the community. Your story is a perfect example of the harms prohibition causes, and I am very I am sorry that you and yours have been on the receiving end of our ridiculous drug laws. I suffer from a condition that creates arthritic pain and my spine and neck are fusing themselves together. The laws if passed would not help you in any case as far as I can tell, as they would only be for the terminally ill (Dying people) who suffer from Aids or cancer or any other terminal illness. The lowdown is possession of up to 100 grams of marijuana, 20 grams of hash (the resin from the cannabis plant), one non-hydroponic plant or cannabis smoking equipment leads to a fine from $50 to $150 with 60 days to pay it. That law never existed back in the days, till they cottoned on to the fact it was so easy for people to do a stealth grow inside where no nosy neighbours would find it. Hi there, my mum is dying of pancreatic cancer and docs have said there is no more they can do. Ryan no mention on LED lighting or soils in the law ,A.C.T looks similar its hard to get a definition on hydroponics seems to be a light source of 400 hundred and over plus a nutrient supply , so is 200 hundred ok ? We need legal weed here for so many reasons, one of the big reasons is to stop people getting records for a plant! I find it really hard to understand how in certain places you are allowed to grow a plant or two outdoor on your property and then in other places (like NSW where I am) you can’t at all. In the ACT you can grow 2 plants and face a $100 fine and no criminal conviction, and in NSW you can’t grow any and can face a criminal conviction. Surely it would also be very financial viable for the Aus government to legalise and sell cannabis and related products under licence and gain massive amounts in tax revenue from it instead of the amounts spent on eradication and enforcement of these insane rules and regulations and making end users criminals (in some places) and ruining their chances at a better life because they grew a plant or had some plant material.
What type of mixed message are they sending to us where in some places its ok to posses pot, or grow it for little or next to no consequences and in other places it can really effect your life and future and make you a criminal. Is it also true that in NSW for example, that if you are caught growing under 5 plants it would be a less of a fine or (hopefully not, sentence) than if it were 6-10, or over 20 plants? You sum up a lot of my views in what you say, particularly about regulated and taxed retail availability.


I am unsure about NSW law re plants, and I am no lawyer either so please don’t take my word or articles to constitute legal advice, but this page from 06 outlines hydro cultivation laws in NSW.
I’ve often thought the same Sadira, trouble is getting that many people together for the one cause is a logistical nightmare.
With all the real information available today, and all the lies being found out, those who believe it should be outlawed still are morons. Since when do we need to be protected from ourselves to such a degree that we can end up in jail for choosing what we put into our bodies? I dont mean to offend anybody, but it seems like politicians are more concerned with legalizing homosexual relations than letting us choose what we smoke.
I have lost all respect for my legal system, criminal and civilian, as I have also been screwed by the family courts over a separate matter. Hi, I agree that getting enough people together to make any sort of impact would be a logistical nightmare. Look at the USA now, with Washington and Colorado and their LEGAL cannabis and many other areas in the USA with medical cannabis and then look at Aus, none of that, we still cant buy weed legally, or smoke it, or use it even if we are dying from something like cancer. I faced court a few years a go in SA and was surprised how many people really encourage the judge to be harsh with them. We all know that the judges dont know squat about anything, but you have to pretend like they are right at least until you get the result you want and are out of the court. With a bit of luck, and some common sense (which I lacked at that stage), you shouldn’t find yourself there in the first place! You should all be made to do a mandatory drug education course you clearly have no idea of the effects and proven link to mental illness. If you could only see the lives ruined as I have seen you would realise that tougher penalties is way to go. You sound sad and selfish really not the people in Nimbin, where I have actually been a few times and met some really nice people, had lunch in a cafe, it was a nice time had by all. So all your comments are basically selfish and wrong, you don’t like pot for some reason and you care what other people do in their spare time to relax and unwind?
You should probably take the time to do some proper research before coming on here making and yourself look like a moron. So sad that you have such a weak mind, and believe everything that you have been told by the government about this. Unfortunately you seem to hang around people who clearly have no life skills and would probably have their lives ruined by anything that they cannot afford or handle. How can you come on to a site like this which is clearly in favour, and has enormous amounts of information for you to be properly educated with, yet spew out the same rhetoric that has destroyed the fabric, the free thinking and intelligence of our society?
So sad that you need to come onto this supporting site and try to bring others down for your own selfish reasons, stay away and get a life you stupid woman. If you do your research you will find ALCOHOL is the worst drug of them all… The US FDA are so full of themselves, they refuse to reclassify Cannabis (16 States decimalised + 2 LEGAL in the US though) as it has to have a medicinal value, and not be opened to abuse – how is alcohol legal then?
People rely on “law” to guide their conduct and their expectations of the conduct of others. The US Constitution and the state constitutions are sets of rules for government, defining the organization, and enumerating government’s powers, limits and functions. These organizational statements also effectively express the philosophy of the relationship between a government and its people. However, in some instances, by virtue of the Tenth Amendment,[4]  state constitutions have more force and effect in specific areas.
At one time, the power grant was thought unconstitutional as violating the separation of powers.
Sometimes some law trumps one set and sometimes that set trumps the other.  Each type of law is connected to the other, but each has its own independent source. Shestokas has been admitted to practice law before the Illinois Supreme Court, the United States District Court for the Northern District of Illinois, the Supreme Court of Florida, and the United States District Court for the Middle District of Florida. Berta Isabel Arias on the Spanish language translation of Constitutional Sound Bites: Capsulas Informativas Constitucionales . What sensible and well thought out drug policy based on scientific fact and harm minimisation wouldn’t have 7 different sets of consequences for the same so called offence? Prohibition simply means an order to restrain or stop, in this context it means all Australian citizens are required by law to stop or refrain from using or growing cannabis. This means that the offence can be dealt with by a civil penalty, such as a fine, rather than by receiving a criminal charge. Cannabis is illegal, but how much trouble you find yourself in for having it will depend on where you are. The lowdown is possession of up to two non-hydroponic cannabis plants, or up to 25 grams of marijuana (cannabis plant material) receives a $100 fine with 60 days to pay instead of a criminal charge. The lowdown is possession of up to 50 grams of marijuana, one gram of hash oil, 10 grams of hash or cannabis seed, or two non-hydroponic plants can be fined $200 with 28 days to pay rather than face criminal charge. There is no stigma attached to speeding in our country, despite our government’s inept attempts to curb it. Our refusal to acknowledge this comes from a deep-seated fear that ‘we’ might become, or be seen as, one of ‘them’. This is the only state in which diversion must be offered to a minor cannabis offender – elsewhere, it is up to the police officers whether or not they offer diversion or charge the offender. Simon Lenton’s Cannabis policy and the burden of proof published in the March 2000 Drug and Alcohol Review echoes the perspective that prohibition of cannabis is futile and far more harmful than cannabis use to the user. Lenton’s presumption that regulation of cannabis cannot work in Australia because of our International Treaty Obligations. There is currently no medical cannabis laws in Australia as far as I know, so you basically have to abide by your states laws in regard to cannabis (not that everyone does though of course)… Just head to the very top of this page to see the laws regarding cannabis for each state or territory. The law is backwards in this respect and in mine and many tens of thousands of peoples opinions needs to be relaxed somewhat. And they would only be allowed up to 15 grams anyway and still have to purchase the cannabis illegally. Even if you use soil, if it is inside and under lights you can be charged with enhanced indoor cultivation of cannabis. So what if you can do a faster yield, just because it is hydro does not mean it has to be pumped full of nutrients and the strongest strain available, some people do low to medium strength grows indoor.
So i am better off placing a plant outside with the risk of children or others finding it and using it. My mum died of cancer 3 years ago and she tried cannabis a few times and it was doing wonders for her, helping her eat more and less pain and better sleeping. We are desperate to save him and can not understand why something that can save a life is illegal. Our legal system is so obtuse and needlessly complex, I had no idea of some of the policies the states employed!
Are all the states and territories info on here up to date for this current day as far as you know?
I realise that the state government for each place makes these rules, but it just all seems so unfair.
Surely they could make a rule Aus wide where, hopefully every place is the same, and you can grow a couple of plants outdoor for personal use without fear of a criminal conviction?
It’s so frustrating, and ironic as you said RC that the place that has our Parliament has the most relaxed rules on pot.
If we can get enough people at the doors to parliament who want to legalise cannabis and do it peacfully how can they ignore it? These same morons are so heavily brainwashed they actually think they are doing the right thing when they report a cannabis offence.
Most states here it is a criminal offence to grow a plant, hold an ounce or more, or have any smoking (pot) devices or utensils. Aus is apparently only like 10 years or so behind USA trends, so maybe if we are really lucky we might get some of those things here by 2023.. I watched about 8 people charged with cannabis offences all act like they know more (which they did) and be rude to the judge, with no signs of regret for their actions. If this means looking sorry for yourself and explaining how this will effect your life negatively etc etc you are much less likely to get a harsh sentence! The great thing is you are all in the minority the police and rest of decent responsible citizens will never let you make it legal. Prohibition and criminalisation have done nothing to stop the use of any drugs, but have certainly served to ruin the lives of those unnecessarily caught up in the criminal justice system, and give massive money and power to drug dealers.


Poor you, and poor them – I feel no sympathy for those who wish to blame everything else apart from themselves for failure on any level.
Maybe we should also put all prescription medication users through rehab just in case they turn out to be junkies?
There are many articles on this site alone citing much of Professor David Nutt’s research, there is even a link to his book on our home page, not to mention the Breaking the Taboo doco. The term “law” is often used to refer to things that simply exist or have a spiritual content to them, such as Physical Law and Moral Law.  The classifications below are “laws” which are enforced by government and government penalties exist when the law is not obeyed. The states principally control matters such as local criminal law, land law, contract law, and family law. Statutes are typically organized into codes, with the codes organized according to subject matter. As legislatures became active in all legal areas, the will of the people, as expressed in statutes passed by their representatives would supersede the common law. They are under the control of the president at the national level and the governors at the state level.
The Administrative Procedure Act sets forth the rule making process at the federal level and similar acts do so at the state level.
That the common law of England, … shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority. Specifically, this case involved a Laguna Beach Police investigation in which evidence of drug use was obtained from curbside refuse bins.
The STATE governments however are the ones concerned with enforcing their state’s respective drug laws. Instead of paying the fine, the person may choose to attend a drug assessment and treatment program.
Drug use on the other hand carries a significant social stigma that, for some strange reason, is VERY different to speeding. What we really need to focus on is the difference between drug use and drug addiction or dependency. He outlines how criminal sanctions against cannabis use is a failure because it has low support from the general community because the criminal penalties (both potential and actual) can have serious and long-lasting detrimental impact, and also that more progressive policy (such as decriminalisation) does not lead to higher rates of cannabis use. This refers to how, many moons ago, our good friends the USA basically coerced many other countries to prohibit cannabis like them because they enacted racist and sensationalist policy to further self interest in their country. Police had sniffer dogs at a RBT site and were rummaging through everyone’s vehicles. So to me these recommendations seem half assed, they should make it legal for everyone, but if it’s just to be medicinal then at least it should cover anyone in major pain (like yourself) and should also mean you can grow some yourself and posses up to say 5 ounces or something.
Is there anyway to try and push for change in a certain state (like NSW where I am for example) so to be able to grow 2 plants like the ACT or NT without fear of a criminal conviction? Or is there too many factors to go into that, like previous convictions, the judge at the time, the weight of each plant (and things like this)? Go to nimbin when it’s not Mardi grass weekend and see the reality of a stoner town, sad selfish pathetic people that are constantly breeding innocent children who are ultimatley unloved and uncared for that welfare has to pay to raise.
I have so many friends who smoke pot and have for along time and none have any problems, all live healthy satisfying lives with jobs and families.
Have you not been taking note of collorado’s laws being changed WITH THE SUPPORT OF EX-POLICE, DEA, JUDGES, PARENTS, etc etc!
Perhaps the people you have know to have their lives ruined are already shit at life anyway, and using drugs tipped them over the edge.
In 1154, under King Henry II, judges began returning to London to discuss cases and record their decisions. Statutes are effectively superior to common law and if a court makes a decision pertaining to a statute that the legislature does not like, it can overrule the court with a new statute.
Typically the process calls for publication of a proposed rule, public hearing and comment, then final publication in the Code of Federal Regulation or similar state code. Many still consider it to be unconstitutional, though the US Supreme Court has ruled that such delegations are an implied power of Congress. In that decision, the Supreme Court reached the decision that “It is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public” (California v. The foreword from After the War on Drugs: Blueprint for Regulation by Transform Drug Policy Foundation 2009 makes an interesting and honest comment on this. Global prohibitionist drug policy continues to focus efforts primarily on the substances alone.
The Schaffer Library of Drug Policy is a good source for further information on this topic.
So the gov readily admits that booze is a huge problem everywhere, yet it remains legal and the only legal option for ourselves and the younger generations to poison ourselves with. Before any of you out there pass on any negative comments, do your research first, educate yourself on this topic before writing any uneducated comments. I got it for her several times in the years before she died, and she too wonted to try oil, but we couldn’t get that anywhere either!
Seriously think of wider repercussions for those around you, and ask yourself what in your life is so bad you need to damage your brain to escape it? Go out in parts of Sydney on a Fri or Sat night and have a look at how dangerous alcohol is, it’s killing alot of people through the violence and liver disease and certain types of cancer. Do you go and preach about how bad and addictive Oxy contin is and how it’s like heroin?
Normally I would have some much thoughts gathered to the point where I feel sick doin work( btw I have ADD) but if I bust out a water pipe and a sativa dominant bud, I can let my thoughts flow and even expand. Legalisation of cannabis would mean that cannabis would no longer be an illicit drug, but would be a legal drug like alcohol and tobacco. It was a one off New Year’s party thing, and I have since ceased using drugs, but no matter what the record will always be there. We all need to do mass rallies and get the ball rolling somehow or it will never change for us. So you have no idea what you are talking about and listen to these people who have alot of life experience and were born three hours before they commented. Accordingly, of the 4500 copies of the proposed Constitution that legislature ordered, 1500 were printed in German. I have Permanent Residency and am afraid to apply for citizenship in case they kick me across the globe and back to the UK. Marijuana can make fuel, clothes, cars, houses, plastic, treat a range of physical and mental disorders incl.
So in reality it is keeping people smoking it because they are only allowed up to 15 grams legally. Meanwhile the doctors were pumping her full of Oxy and liquid morphine so she was nodding off and stuff.
I’ve been arrested and it bloody hurts being in the back of a doggy van sittin on ur hands, but hey ill go through it again to legalise cannabis. Get off your high horse and stop worrying about others that you have no relationship to, it just makes you look like a complete idiot.
I can’t get HECS-help to go to Uni, which I was planning on doing, so I and society as a whole lose out because of a silly mistake on the way to what was meant to be one of the best times of my life.
When the best and healthiest method to use cannabis is to eat it in food, but you need alot more cannabis to make it into canna butter to make cookies and cakes etc. Like Micheal said too, have you ever heard of the police coming around to check that your only brewing beer and not selling it? Argh I hate the laws here, we are so far behind in using cannabis as a medicine and it is such a shame, it’s truly wonderful. My brain is fine thank you, I am often commented on at work at being the smart one, I however suggest maybe you should get yours checked, been drinking too much alcohol have you? We are not asking the police to legalise this plant so we can enjoy our glass of wine in the form of smoke, rather so we the people have the right to help all our ailments and to use it to help save the environment as a whole.
Some people will always go too extreme and abuse a drug, look at alcoholics or people dying from cancer who abused tobacco for too long or a meth head or a heroin addict, some people can use all these drugs and still be fine, some get hooked, that’s life, same with any drug.



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Comments »

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