18 December 2015

Thank you everyone who has supported our petitioning and lobbying this year for this amendment to be made by the Premier and Cabinet.

We still have a long way to go but this is a significant victory as patients and carers can now lawfully access s 9 cannabis in Queensland and hopefully it won't be too long before a local industry is also established. 

Premier Palaszczuk and Cabinet have made an amendment to Regulation 270A of the Health (Drugs and Poisons) Regulation 1996 which previously prohibited all access to s9 cannabis and have also made a new entry 270B which now allows the Health Minister to give approvals to a person to administer, manufacture, obtain, possess and use s9 cannabis in approved clinical trials as well as State approval for lawful access to unapproved s9 cannabis products through the SAS under section 19(1) of the Therapeutic Goods Act. 

Although there were no specific provisions made in 270B to allow the Health Minister to grant approvals or licences for the cultivation of cannabis the previous prohibition in 270A from must not grant approvals for cultivation has been removed which may mean that discretion can now be used but until there are clear and specific provisions made as we have asked the fight continues for access and protection for patients and carers growing their own cannabis for medical purposes or obtaining it from the illicit market.

Approved Clinical Trials

At this stage the new provision for access to s9 cannabis under approved clinical trials does not appear to be restricted to trials conducted in accordance with provisions of the Commonwealth Therapeutic Goods Act as is the case with the NSW Liberal Government trials as NSW has adopted the TGA into State law which may mean that Queensland can conduct it's own research trials using cannabis cultivated in Queensland without the age, condition and pharmaceutical cannabis product restrictions imposed under the NSW trials. 

Special Access Scheme State Approvals

There are also new provisions for State approvals to be given for access connected with section 19(1) of the TGA which means that patients can now lawfully access imported cannabis products through the Special Access Scheme (SAS) in the interim until a local supply is lawfully available. 

This means that patients like Lindsay who has been waiting since March for State approval for lawful access to his treatment that has been recommended by his US doctors for his brain tumour, epilepsy, nausea and chronic pain can now lawfully obtain a consistent supply of medical grade cannabis that has been cultivated and tested to health and quality control standards under the care of his Queensland doctor and we hope it won't be much longer before a local supply is available here in QLD. 

The SAS allows registered doctors to treat patients with unapproved products where there is clinical justification for use; and where the products have not been evaluated by the TGA and are not listed on the Australian Register of Therapeutic Goods (ARTG) and the patient or carer has given their full informed consent and have accepted full responsibility for any adverse outcomes from the treatment. 

No State Approval needed for CBD 

The amendment has been a significant victory for patients who need s9 cannabis as previously patients could only access CBD through the SAS without needing State approval after changes were made earlier this year to include CBD in the Commonwealth SUSMP as a S4 prescription medicine.

No changes to the Drugs Misuse Act QLD

We have received correpondence that at this stage the Government does not intend to make any changes to the DMA. Although research licences can be granted under the Industrial Cannabis part of the Drugs Misuse Act for the cultivation of cannabis with more than 3% THC content there are still some restrictions as the Act does not allow for products to be made in a form that can be used for human consumption. 

The Commonwealth SUSMP also lists industrial cannabis/hemp separately from s9 cannabis and also has the same not for human use restrictions.

CBD from the hemp plant is also a separate issue to cannabis from the medical cannabis plant and is sold as a food supplement overseas so we hope to see the changes that need to be made to the DMA and SUSMP to make it available as a food supplement here in Australia soon. 

However there is access to CBD under schedule 4 on prescription with a THC and other cannabinoid content of 2% or less but no local supply available so patients still need to go through the SAS. 

We hope to have some more clarification on the changes shortly but are very pleased that we no longer have to go to the Supreme Court and families do not need to relocate overseas for treatment. 

A huge thank you to Premier Anna Palaszczuk and her Cabinet members for making these changes and thank you again to everyone who has given their ongoing support throughout this year to make this happen. 

QUEENSLAND is now off to a great start for 2017 and can lead the way with cannabis for medical purposes law reform. 

Below is the link to the Health Regulations and extracts of the amended and new entries in the Health (Drugs and Poisons Regulation) 1996

270A Approval must not be granted for therapeutic use of S9 poisons

Subject to section 270B, the chief executive must not grant an approval to a person to manufacture, obtain, possess or use an S9 poison for human therapeutic use.

270B Approval for cannabis

The chief executive may grant an approval to a person to administer, dispense, manufacture, obtain, possess, prescribe, supply or use an S9 poison if—

(a) the S9 poison is cannabis; and the approval is for or connected with—
(i) an approved clinical trial; or
(b) an approval, for the supply of cannabis for use in the treatment of a person, given under the Therapeutic Goods Act 1989 (Cwlth), section 19(1).

https://www.legislation.qld.gov.au/…/cur…/H/HealDrAPOR96.pdf

June 11 2015

 Queensland parent caught treating their child with medicinal cannabis risked the same jail terms as rapists and paedophiles but law reform proposed by an advisory group could change that. 

The Medical Cannabis Advisory Group said law reform could see Queensland lead the country on the issue and give parents peace of mind by progressing the matter “in a timely manner in the interests of patient health, welfare and safety.”

The group provided Premier Palaszczuk with a proposal to grant eligible Queenslanders approval to ‘lawfully undertake activities that would otherwise be an offence under the Drugs Misuse Act.’

A spokeswoman for the Group said reforms could bring about “transparent legislation with firm guidelines” instead of the current framework which allowed police and courts to exercise their discretion but gave no guarantees to families about how they would be dealt with if caught. 

She said patients also wanted “an open and honest relationship with their doctors” but current legislation meant they were working with little or no medical supervision and under the threat of a “knock at the door” from child services.

“We need for Government to see these parents are not criminals. They are law-abiding citizens who just want to live with dignity and respect. They just want to give their kids a quality of life that hasn’t been afforded with pharmaceuticals.”

The Advisory Group proposes changes to regulation 270A of the Health (Drugs and Poisons) Regulation QLD allowing the Health Minister to prescribe standards for the medical, scientific and human therapeutic use of cannabis, solely for medical purposes within the State of Queensland.

Initiatives include access to imported quality controlled cannabis oil, introduction of a medical cannabis program and Statewide photo identification and commercial cultivation of cannabis and the production and manufacture of cannabis products.

A spokeswoman for the Health Minister said the State Government had received the correspondence regarding the reforms and the Department would examine and provide advice to the Minister.

“The Queensland Government is not considering an amnesty,” she said. 

She said the Government supported the independence of the judiciary and the ability for police to exercise their discretion.

“The Government is pleased to participate in the clinical trials to evaluate the use of pharmaceutical cannabis preparations,” she said.

“Crude cannabis products are potentially harmful and can vary enormously in the types and amounts of different compounds they contain.” 

Queensland Council for Civil Liberties Vice President Terry O’Gorman said Queensland could change the regulations allowing patients to access medicinal cannabis “today”. 

As numerous Logan City families campaigning for access to medicinal cannabis to ease the suffering of relatives, Mr O’Gorman said the State Government was ‘constantly changing’ regulations to accommodate scheduling for drugs.

He said it would not be a ‘radical move’ to establish a framework that would show compassion to patients needing the drugs now. 

“A hospital-based committee made up of various medical specialists could be set up to permit, by application, the use of medicinal cannabis therapies on a case-by-case basis,” Mr O’Gorman said. “It could happen with urgency if the Premier chose to do it.” 

Mr O’Gorman said it was not necessary for the State Government to wait for the approved medicinal cannabis trials to begin 

Andrea Macleod.

Albert & Logan News

March 24 2015

Families of critically ill Queenslanders need urgent support to change laws preventing them from accessing life saving medications.

The Medical Cannabis Advisory Group of Queensland has collected more than 1000 signatures on a petition asking for the immediate introduction of a Cannabis for Medical Purposes Bill.

With more petitions due to arrive in the mail across the week, advocate Lanai Carter said time was running out.

“What is needed is immediate protection for patients and their carers now,” she said.

“We will be lodging the petition with the Queensland Parliament requesting an amnesty to protect legitimate patients from criminal prosecution.”

Ms Carter, whose son Lindsay has a brain tumour, said patients did not have the time to wait for clinical trials to be conducted — they need these products now.

“I have no choice but to be out collecting signatures, to be helping people to understand what it is we are talking about,” Ms Carter said.

“I should be home with Linsday (who is seriously ill) but I know the only way I can get him the help he needs is to change the minds of the Government.”

Ms Carter said patients needed legislative reform today and the framework existed for Government to do that with urgency

“We are requesting Parliament support us by giving police officers discretion when dealing with patients who produce a letter from their doctor recommending the use of cannabis for a diagnosed medical condition and to not arrest or charge them,” Ms Carter said.

“Families do not need to endure added stress of police prosecution should they opt to use cannabis treatment.”

The Carter family have twice travelled to the USA to enable Lindsay to receive cannabis oil treatment which reduced the size of his tumour, soothed his pain and altered the frequency of seizures.

Andrea Macleod Albert & Logan News

Picture: Peter Cronin