Western Australia’s ban on the sale and possession of synthetic cannabis has been labelled ‘unconstitutional’ by makers and distributors.
The WA State Government announced that there will be state wide ban on Friday on synthetic cannabinoids such as Kronic, Kaos, Mango Kush, Voodoo, the West Australian reported.
Mental health minister Helen Morton stated the products have been banned on health grounds, and moved to list them under Western Australia’s Poisons Acts.
WA premier Colin Barnett added that these substances are “clearly damaging to the health of individuals”.
However, the Eros Association, which represents the manufacturers and distributors of herbal mixes, claims the ban may fall foul of Section 92 of the Australian Constitution, the Mutual Recognition Act 1992 and the mutual recognition act with New Zealand.
According to Eros spokesperson Robbie Swan, as the products all remained in the rest of Australia and New Zealand, “the constitution pretty much guarantees you can send a legal product across State borders”.
Swan went on to say that people could just buy on the internet and send it to themselves, or buy it illegally.
While the products are available throughout the rest of Australia, a ban is slated in Tasmania for the end of this month.
Health minister Kim Hanes said he will be pushing for a national ban on the substances at a health ministers’ meeting next month.