Pubdate: Sat, 07 Jun 2003
Source: West Australian (Australia)
Copyright: 2003 West Australian Newspapers Limited
Contact:  http://www.thewest.com.au
Details: http://www.mapinc.org/media/495
Author: Torrance Mendez

GREENS ACT ON DRUG BILL

GREENS (WA) will propose changes to the Cannabis Control Bill to relieve 
pressure on suppliers of hydroponic equipment and save parents from 
prosecution when children smoke at home.

Under the Bill, hydroponic equipment retailers could be charged for 
supplying equipment that they "reasonably ought to know" could be used to 
grow cannabis.

MLC Christine Sharp said her party was concerned about the subjective 
judgment that the retailers were required to make of customers to work 
within the law.

"I am having an amendment drafted that would replace 'reasonably ought to 
know' with 'knowingly'," she said.

Dr Sharp said the provisions of the Bill as they stood could have an undue 
impact on small retailers at the expense of bigger ones who had less 
contact with customers.

In addition, she wanted to extend provisions in the Bill that exempted 
people from prosecution when in company with others smoking cannabis.

Dr Sharp said exemptions also should apply to parents who allowed children 
to use cannabis at home in preference to having them use the drug on the 
streets.

The Bill is having its second reading in the Legislative Council.

WA's hydroponics industry has sought a variety of legal opinion including 
Tom Percy QC over the "reasonably ought to know" clause of the Bill and 
sent it to ALP members of Parliament.

An industry letter to the MPs dated May 25 said Mr Percy found the wording 
posed "a real danger ... that the objective nature of the test might snare 
prersons who subjectively believed that they were selling to a bona fide 
purchaser".

The letter said Mr Percy noted that "any conviction for an offence under 
this proposed section would expose the accused person to the loss of all 
his assets, irrespective of how they were obtained".

WA Hydroponics Association spokesman Grant Mahy said four legal sources had 
now given damning opinion on the "reasonably ought to know" clause and it 
should be amended.

The Bill is expected to be debated next week.
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MAP posted-by: Jay Bergstrom