NEW MEDICAL CANNABIS BILL

 

The following gives a brief overiew of the Bill, its impact on patients, and suggestions for change.  We will be updating this page regularly so please check back for more information about how the Bill impacts on the health and human rights of patients. 

 

Policy Objectives

 

The government state its policy objectives are to "create a regulatory framework under which medicinal cannabis products may be prescribed and dispensed in Queensland while also preventing their unauthorised use." 

 

These objectives are limited to prescribing and preventing the unauthorised use of cannabis products that have been cultivated and manufactured in accordance with the Federal governments Narcotic Drugs Act.  They fail to include 

 

Achievement of policy objectives

 

The governemnt propose that the Bill will achieve its policy objectives by creating a regulatory framework with two pathways for patients to be prescribed cannabis treatment.

Alternative ways of achieving policy objectives

 

The explanatory notes to the Medical Cannabis Bill state there are "no alternative ways of achieving the policy objectives as the use of cannabis needs to be strictly controlled and monitored through legislation in conjunction with the Commonwealth legislation."  

 

There are many reasons why the TGA research trial model does not work for patients. Patients should not have to live their lives being at risk of criminal prosecution or wait for the government to conduct research trials on behalf of overseas companies, especially those patients who are already using cannabis, and benefiting from it. Affordability is another issue for patients, many whom already have the added financial burden of other health care costs, and/or need to rely on disability support pensions or other government incomes. 

 

The following provisions could also be included in the Bill as part of the regulatory framework, and at the same time still achieve the governments policy objectives, or a broader policy objective as mentioned above. 

 

• Queensland could also establish a register of patients and carers to be approved to cultivate their own cannabis if they have a recommendation from their doctor certifying their medical condition or symptoms suffered from a medical condition, and that the  patient has or may benefit from the use of cannabis.  The regulations could also include guidelines covering plant limits and security requirements, as outlined in our proposal that was submitted to the government last year. An approval would act as an exemption from criminal charges under the Drugs Misuse Act. If a person acts outside their approval for example selling their cannabis - they will come under the scope of offences in the Drugs Misuse Act. 

• Queensland could establish a state agency to licence the cultivation, manufacture and supply of cannabis within its own state borders if they so chose, as is the case in Victoria.

• Not for profits could also be given state authorisation to cultivate cannabis for patients who have a recommendation from their doctor certifying that the patient may benefit from the use of cannabis. 

• Queensland could also include exemptions from criminal charges for possesion of small amounts of cannabis for those patients who need to obtain their cannabis from the illicit market.