[bushweed]

Decisions need to be made about medicinal cannabis
Laurie Mather and Alex Wodak

https://www.smh.com.au/comment/decisi...17-11m5d4.html


The debate about medicinal cannabis in Australia has fallen into a deep hole.

In 2003 and again in 2014, NSW Premiers proposed legalising medicinal cannabis. In 2003 they were prevented from proceeding by their political parties. In 2014, NSW Premier Mike Baird has instead announced a medicinal cannabis "trial", and COAG Health Ministers then agreed to support this trial. What's more, any political willingness to consider medicinal cannabis seems confined to "terminally ill" patients. This is nonsense and illustrates the inevitable problems with a politics-based approach rather than expert appraisal of the evidence.

Politicians and the Australian Medical Association alike proclaim that "more research is needed". Of course it is – but in saying this they are deliberately or naively dismissing the already available robust supportive evidence.
Many Australians already use cannabis medicinally, albeit illegally, especially for chronic pain.

Many Australians already use cannabis medicinally, albeit illegally, especially for chronic pain.

Police Superintendent Clint Pheeney said recently that Tamworth police were not to charge the Haslam family for providing medicinal cannabis to their 24-year-old son with advanced bowel cancer. Recently a NSW judge upheld an appeal against a 12-month prison sentence imposed for supplying medicinal cannabis. Some law enforcement officials now seem reluctant to charge or imprison people providing or using cannabis for medicinal purposes. Meanwhile, Prime Minister Tony Abbott clearly supports medicinal cannabis.

Public opinion strongly supports medicinal cannabis and has for some time. The Haslam family's change.org petition to "decriminalise the use of medicinal cannabis for people with terminal cancer" has attracted some 200,000 signatures. The upshot from this is the Inaugural Australian Medicinal Cannabis Symposium to be held in Tamworth next Friday and Saturday, with the purpose of further informing Australian professionals and the public about medicinal cannabis. As in other countries, many Australians already use cannabis medicinally, albeit illegally, especially for chronic pain.

Medical opinion is divided. Some experts claim the evidence is weak and the risks unacceptably high. Both claims defy the evidence.

We and others argue that cannabis is a useful second line medication to relieve distressing symptoms when conventional treatments haven't worked. Over 100 research trials have been published on medicinal cannabis, the vast majority being supportive. We argue that this is substantial evidence. We also argue that the evidence of side effects shows these as modest, especially compared to many conventional medications.

In a recent SBS Insight program, some participants argued that cannabis is a natural plant with multiple curative properties. As yet, this is overreaching.

Young children with intractable epilepsy present a real dilemma. Rigorous studies evaluating cannabis for childhood epilepsy have not been published. Nevertheless, who can ignore the impressive anecdotal evidence their desperate parents provide? Regardless of the evidence and despite illegality, many patients find that cannabis helps them manage their medical conditions or the side-effects of medications used for their conditions.

In a recent ABC Health Report, Professor Michael Farrell argued that the evidence on medicinal cannabis for chronic pain is weak, partly because pain is only subjective. Pain management is not only very meaningful to the individual patient, it also affects the extent to which patients and their carers can lead more functional lives: medicinal cannabis has been found to help such patients and their carers.

Some opponents argue that if Australia legalises medicinal cannabis then it should only be with proprietary pharmaceutical cannabis medicines. Although several have been used overseas for decades, none is readily available in Australia. Often these are unpredictably absorbed, and many patients consider them less effective than (smoked) plant cannabis. Western medicine has evolved from using plants and plant extracts into pure, mainly synthetic, medicines. Generally, this makes good sense. But with cannabis, some evidence suggests the whole is more effective than individual components. Besides, the proprietary pharmaceutical cannabis medicines are very expensive, and thus many patients who need them cannot afford them. These days, patients can heat plant cannabis and inhale the vapour rather than inhale the smoke from the burning plant.

Some opponents argue that conventional medicines are more effective and safer than cannabis. This is not necessarily true. Sometimes they don't work or may have unacceptable side effects. Nausea following cancer chemotherapy is an example of a very distressing condition where conventional medicines often don't work. Why can't we allow medicinal cannabis to comfort people under these circumstances?

Several studies show that medicinal cannabis does not increase the risk of recreational cannabis use. A recent study suggests medicinal cannabis may reduce the risk of overdose deaths from prescription opioids by 25%. Some opponents claim that the health risks of cannabis are very serious. How can this be when about 2.5-5% of the world's population use recreational cannabis but this use is estimated to account for only one-thousandth of the global burden of illness?

In short, it's a mess. Some states and the ACT are conducting yet more inquiries, when clearly a national approach is what's required. Can we accept a solution reliant on state police and judges being reluctant to enforce the laws? Some politicians are happy to start now, others are determined to block any action. Health experts are divided. The net result is that cannabis is now being used widely in Australia but without quality control or regulation.

It's just not good enough.

Laurie Mather is Emeritus Professor at the University of Sydney, and Alex Wodak is Emeritus Consultant at St Vincent's Hospital, Darlinghurst.

[happyherb]

if ya though that was good....check this out>

https://attachment.fbsbx.com/file_do...sUTS_anisY0i4L

[Goldust]

that link doesnt work

[happyherb]

ahhhhhhhhhhhhhhhhhhhhhhhh poop!

try this then!


Introduced by Dr John Kaye, MLC First print
New South Wales
Drug Legislation Amendment (Cannabis for
Medical Purposes) Bill 2014
b2013-201-99.d15
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is:
(a) to provide for a scheme under which cannabis may be lawfully used by a registered patient
to relieve a serious medical condition with which the patient has been diagnosed, and
(b) to allow for a registered carer to assist a registered patient in the use of cannabis for that
purpose, and
(c) to allow a registered patient or registered carer to cultivate a limited number of plants and
manufacture or produce cannabis for use by the patient, and
(d) to allow a government sector agency (including the employees and individuals who are
contractors) to undertake activities necessary for the lawful supply of cannabis to registered
patients and registered carers.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act 1 month after it is assented to, if it
has not been commenced sooner by proclamation. The 1 month delay is to allow time for
administrative arrangements for a register to be established as required under the proposed Act. If
administrative arrangements are in place earlier, the government may choose to commence the
scheme earlier.
Page 2
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Explanatory note
Schedule 1 Amendment of Poisons and Therapeutic Goods
Act 1966 No 31
Schedule 1 [1] renumbers Part 4A of the Poisons and Therapeutic Goods Act 1966 (the principal
Act) and inserts a new Part 4A dealing with cannabis for medical purposes.
Proposed Division 1 contains definitions for the purposes of the proposed Part. The definition of
cannabis is limited to cannabis as a Schedule 9 substance. The definition is otherwise tied to
relevant definitions in the Drug Misuse and Trafficking Act 1985 for consistency. The definition
ensures that the scheme does not inadvertently authorise use of other Schedule 9 substances with
a small amount of cannabis mixed in.
The definition of serious medical condition is central to the proposed Part since cannabis may
only be used by a registered patient to relieve such a condition. The definition focuses on the
symptoms that may be relieved through the use of cannabis and connects those symptoms to
various illnesses or conditions as follows:
• symptoms associated with, or with treatment for, one or more of the following:
• an illness or condition that is likely to result in death,
• Human Immunodeficiency Virus (HIV),
• severe and treatment-resistant nausea and vomiting due to chemotherapy,
• pain associated with cancer,
• neuropathic pain,
• a symptom associated with, or with treatment for, a medical condition declared by the
regulations to be a symptom that may be relieved by the use of cannabis,
• a symptom associated with, or with treatment for, a medical condition certified by the
patient’s medical practitioner as a symptom suffered by the patient that may be relieved by
the use of cannabis.
A child is only to be regarded as having a serious medical condition if the child suffers from
symptoms associated with, or with treatment for, intractable childhood epilepsy.
Proposed Division 2 requires the Health Secretary to establish a register of patients and carers. On
application, a patient is entitled to be registered if the patient is at least 18 years of age, resides in
NSW and provides a certificate signed by the patient’s medical practitioner certifying that the
patient has, in the opinion of the practitioner, a serious medical condition. On application, the
parent or guardian of a child with intractable childhood epilepsy is entitled to register the child as
a patient if the child resides in NSW, 3 medical practitioners (one of whom is a specialist in the
relevant field) certify that the child has intractable childhood epilepsy and one of the medical
practitioner undertakes to oversee the treatment and report on its effectiveness to the Health
Secretary. To be registered, a carer must be at least 18 years of age and reside in NSW. In relation
to a child, only a parent or guardian may be registered as a carer. A registered patient who has
attained 18 years of age or a registered carer may choose to be registered as a cannabis producer.
The Health Secretary is required to issue each registered patient and registered carer with a photo
identification card for presentation to an inspector as necessary. The register is not open for
inspection but the Health Secretary may issue a certificate for evidentiary or law enforcement
purposes relating to an entry in the register and may publish certain statistical or other information.
The Health Secretary is authorised to cancel a person’s registration as a patient, carer or cannabis
producer if satisfied that registration was obtained improperly or that the person is not entitled to
be registered or the person has committed more than one offence against the Part.
Proposed Division 3 sets out what registration as a patient, carer or cannabis producer authorises
the person to do that would otherwise be an offence against the Drug Misuse and Trafficking
Act 1985.
Page 3
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Explanatory note
A registered patient may rely on the authorisation as a defence under provisions of the Drug
Misuse and Trafficking Act 1985 as follows:
• for possession: section 10 (2) (a) (Possession of prohibited drugs) and section 11 (2) (c)
(Possession of equipment for administration of prohibited drugs),
• for administration: section 12 (2) (b) (Self-administration of prohibited drugs—see
Schedule 2 [1]) and section 14 (2) (b) (Permitting another to administer prohibited drugs—
see Schedule 2 [2]),
• if registered as a cannabis producer—for cultivation, manufacture or production:
section 23 (4) (a1) (Offences with respect to prohibited plants—see Schedule 2 [3]),
section 11C (2) (a) (Possession of instructions for manufacture or production of prohibited
drugs), section 24 (4) (a) (Manufacture and production of prohibited drugs) and
section 24A (2) (a) (Possession of precursors and certain apparatus for manufacture or
production of prohibited drugs).
A registered carer may rely on the authorisation as a defence under provisions of the Drug Misuse
and Trafficking Act 1985 as follows:
• for possession: section 10 (2) (a) (Possession of prohibited drugs) and section 11 (2) (c)
(Possession of equipment for administration of prohibited drugs),
• for administration: section 13 (2) (a) (Administration of prohibited drugs to others),
• for supply: section 25 (4) (a) (Supply of prohibited drugs) and section 25A (9) (a) (Offence
of supplying prohibited drugs on an ongoing basis),
• if registered as a cannabis producer—for cultivation, manufacture or production:
section 23 (4) (a1) (Offences with respect to prohibited plants—see Schedule 2 [3]),
section 11C (2) (a) (Possession of instructions for manufacture or production of prohibited
drugs), section 24 (4) (a) (Manufacture and production of prohibited drugs) and
section 24A (2) (a) (Possession of precursors and certain apparatus for manufacture or
production of prohibited drugs).
If a registered patient or carer does something outside the scope of the applicable authorisations,
the Drug Misuse and Trafficking Act 1985 and its substantial penalties will apply to the patient or
carer.
Proposed Division 4 creates various offences that may be committed by registered patients or
registered carers acting within the scope of the applicable authorisations as follows:
• an offence to administer cannabis in a public place (defined in the same way as in section 34
of the principal Act),
• an offence for a registered patient or carer who is not a registered cannabis producer to
possess more than the permitted quantity of cannabis (being half the quantities fixed as
small quantities for the purposes of the Drug Misuse and Trafficking Act 1985),
• an offence for a registered cannabis producer to possess more than a specified number of
plants or 600 grams of cannabis leaf, or more than the permitted quantity of cannabis leaf
while in a public place, or more than the permitted quantity of cannabis oil or cannabis
resin,
• an offence for a registered cannabis producer to fail to notify police of the registration and
the address at which cannabis plants are to be cultivated, to provide reasonable security or
to report to police suspected thefts of cannabis or cannabis plants,
• an offence to fail to update information on the register,
• an offence to fail to present a certificate of identity issued under the Part to an inspector or
return the certificate to the Health Secretary on request.
A person authorised to cultivate cannabis plants must ensure that no more than 6 plants are at the
production stage and that no more than 24 plants are being cultivated at any one time.
Page 4
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Explanatory note
Proposed Division 5 provides for a scheme under which a registered patient may be lawfully
supplied cannabis by a government sector agency. The proposed Division authorises a
government sector agency and its employees and contractors (if they are individuals rather than
corporations) to:
• cultivate cannabis plants within New South Wales for the purposes of the proposed Part,
and
• manufacture or produce cannabis within New South Wales for use by registered patients as
authorised by the proposed Part, and
• supply cannabis to registered patients or registered carers within New South Wales for use
by registered patients as authorised by the proposed Part.
The Commonwealth Therapeutic Goods Act 1989 will not apply in these circumstances because
of constitutional limitations.
The scheme relies on the application of defences for offences against the Drug Misuse and
Trafficking Act 1985 as follows:
• a person authorised to cultivate cannabis plants may rely on the authorisation as a defence
under proposed section 23 (4) (a1) (Offences with respect to prohibited plants—see
Schedule 2 [3]),
• a person authorised to manufacture or produce cannabis may rely on the authorisation as a
defence under section 11C (2) (a) (Possession of instructions for manufacture or production
of prohibited drugs), section 24 (4) (a) (Manufacture and production of prohibited drugs)
and section 24A (2) (a) (Possession of precursors and certain apparatus for manufacture or
production of prohibited drugs),
• a person authorised to supply cannabis may rely on the authorisation as a defence under
section 25 (4) (a) (Supply of prohibited drugs) and section 25A (9) (a) (Offence of
supplying prohibited drugs on an ongoing basis).
Proposed Division 6 provides for review of the Part. A review relating to the use of cannabis by
children must be undertaken after 1 year and by adults after 2 years.
Schedule 1 [2] amends section 31 of the principal Act to ensure that the application of the
Commonwealth therapeutic goods laws as a law of the State to individuals engaged in intra-State
trade or commerce does not render unlawful activities authorised under proposed Part 4A.
Schedule 2 Amendment of Drug Misuse and Trafficking
Act 1985 No 226
Schedule 2 [1] adds a defence to section 12 of the Drug Misuse and Trafficking Act 1985 so that
a person authorised to administer a prohibited drug to himself or herself under the Poisons and
Therapeutic Goods Act 1966 may do so without committing an offence against the section.
Schedule 2 [2] adds a defence to section 14 of the Drug Misuse and Trafficking Act 1985 so that
a person authorised to administer a prohibited drug to himself or herself under the Poisons and
Therapeutic Goods Act 1966 may permit another person to assist in the administration of the drug
without committing an offence against the section.
Schedule 2 [3] adds a defence to section 23 of the Drug Misuse and Trafficking Act 1985 so that
a person authorised or licensed to cultivate cannabis plants under the Poisons and Therapeutic
Goods Act 1966 may do so without committing an offence against the section.
Contents
b2013-201-99.d15
Page
Introduced by Dr John Kaye, MLC First print
Drug Legislation Amendment (Cannabis for
Medical Purposes) Bill 2014
New South Wales
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31 3
Schedule 2 Amendment of Drug Misuse and Trafficking Act 1985 No 226 12
No , 2014
A Bill for
Drug Legislation Amendment (Cannabis for
Medical Purposes) Bill 2014
New South Wales
An Act to amend the Poisons and Therapeutic Goods Act 1966 and the Drug Misuse and
Trafficking Act 1985 to provide a scheme supporting the use of cannabis for medical purposes.
Page 2
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Drug Legislation Amendment (Cannabis for Medical Purposes)
Act 2014.
2 Commencement
This Act commences 1 month after the date of assent to this Act, unless commenced
sooner by proclamation.
1
2
3
4
5
6
7
Page 3
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
Schedule 1 Amendment of Poisons and Therapeutic Goods
Act 1966 No 31
[1] Part 4A
Renumber Part 4A as Part 4B and insert before that Part as renumbered:
Part 4A Cannabis for medical purposes
Division 1 Preliminary
30C Interpretation
(1) In this Part:
cannabis means a Schedule 9 substance comprising:
(a) cannabis leaf, cannabis oil or cannabis resin, or
(b) a preparation, admixture, extract or other substance containing any
proportion of cannabis leaf, cannabis oil or cannabis resin except if it
includes any proportion of a Schedule 9 substance other than cannabis.
child means a person who has not attained 18 years of age.
Health Secretary means the Secretary of the Ministry of Health.
medical specialist means a medical practitioner registered under the Health
Practitioner Regulation National Law in a recognised specialty.
permitted quantity means:
(a) for cannabis leaf—15 grams or, if some other amount is prescribed by
the regulations, that other amount, or
(b) for cannabis oil—1 gram or, if some other amount is prescribed by the
regulations, that other amount, or
(c) for cannabis resin—2.5 grams or, if some other amount is prescribed by
the regulations, that other amount.
public place means a place where members of the public are lawfully entitled,
invited or permitted to be present in their capacity as members of the public,
whether conditionally or unconditionally.
register means the register kept under this Part.
registered as a cannabis producer—see section 30E.
registered carer means a person whose name is entered in the register as a
carer for a registered patient.
registered patient means a person whose name is entered in the register as a
patient.
serious medical condition—see subsection (3).
(2) In this Part, the following expressions have the same meanings as they have in
the Drug Misuse and Trafficking Act 1985:
administer cannabis
cannabis leaf
cannabis oil
cannabis resin
cultivate cannabis plants
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Page 4
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
manufacture cannabis
use cannabis
(3) For the purposes of this Part:
(a) a patient who has attained 18 years of age has a serious medical
condition if the patient suffers from:
(i) symptoms associated with, or with treatment for, one or more of
the following:
(A) an illness or condition that is likely to result in death,
(B) Human Immunodeficiency Virus (HIV), or
(ii) severe and treatment-resistant nausea and vomiting due to
chemotherapy, or
(iii) pain associated with cancer, or
(iv) neuropathic pain, or
(v) a symptom associated with, or with treatment for, a medical
condition declared by the regulations to be a symptom that may
be relieved by the use of cannabis, or
(vi) a symptom associated with, or with treatment for, a medical
condition certified by the patient’s medical practitioner as a
symptom suffered by the patient that may be relieved by the use
of cannabis, and
(b) a patient who is a child has a serious medical condition if the patient
suffers from symptoms associated with, or with treatment for,
intractable childhood epilepsy.
Division 2 Register
30D Entitlement to registration as patient or carer
(1) A person who has attained 18 years of age is entitled to be registered as a
patient if, and only if:
(a) the person applies for registration as a patient in the manner and form
required by the Health Secretary, and
(b) the person’s principal place of residence is in New South Wales, and
(c) the Health Secretary is provided with a certificate that:
(i) has been signed by the person’s medical practitioner within the
previous 6 months, and
(ii) certifies that the practitioner has examined the person and that, in
the opinion of the practitioner, the person has a serious medical
condition, and
(iii) specifies the elements of the definition of serious medical
condition on which the opinion is based, the nature of relevant
symptoms suffered by the person and the medical condition with
which the person has been diagnosed.
(2) A person is entitled to be registered as the carer of a registered patient who has
attained 18 years of age if, and only if:
(a) the person applies for registration as a carer of the registered patient in
the manner and form required by the Health Secretary, and
(b) the person has attained 18 years of age, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Page 5
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(c) the person’s principal place of residence is in New South Wales, and
(d) the patient requests registration of the person as his or her carer in the
manner and form required by the Health Secretary.
(3) A child is entitled to be registered as a patient if, and only if:
(a) a parent or guardian of the child applies for registration of the child as a
patient (with the written consent of the child if the child has attained
16 years of age) in the manner and form required by the Health
Secretary, and
(b) the principal place of residence of the child is in New South Wales, and
(c) the Health Secretary is provided with certificates of 3 medical
practitioners, at least one of whom is a medical specialist in intractable
childhood epilepsy, and, in each case, the certificate:
(i) has been signed by the practitioner within the previous 6 months,
and
(ii) certifies that the practitioner has examined the child and that, in
the opinion of the practitioner, the child has intractable childhood
epilepsy, and
(d) one of the medical practitioners undertakes in writing to oversee the use
of cannabis by the child to relieve symptoms associated with, or with
treatment for, intractable childhood epilepsy and to report to the Health
Secretary on the effectiveness of cannabis as a treatment for the child as
required by the Health Secretary.
(4) A person is entitled to be registered as the carer of a registered patient who is
a child if, and only if:
(a) the person is a parent or guardian of the child, and
(b) the person applies for registration as a carer in the manner and form
required by the Health Secretary, and
(c) the person has attained 18 years of age, and
(d) the person’s principal place of residence is in New South Wales.
(5) A child registered as a patient and a parent or guardian of the child registered
as a carer of the child cease to be entitled to be so registered when the child
attains 18 years of age.
30E Entitlement to registration as cannabis producer
(1) A registered patient who has attained 18 years of age is entitled to be registered
as a cannabis producer if, and only if:
(a) the patient applies for registration as a cannabis producer in the manner
and form required by the Health Secretary, and
(b) the patient proposes to cultivate cannabis plants to manufacture or
produce cannabis for use by the patient to relieve the patient’s serious
medical condition, and
(c) a registered carer of the patient is not registered as a cannabis producer
for the patient.
(2) A registered carer of a registered patient is entitled to be registered as a
cannabis producer for the patient if, and only if:
(a) the carer applies for registration as a cannabis producer in the manner
and form required by the Health Secretary, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Page 6
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(b) if the patient has attained 18 years of age—the patient requests the
registration of the person as a cannabis producer in the manner and form
required by the Health Secretary, and
(c) the carer proposes to cultivate cannabis plants to manufacture or
produce cannabis to supply to the patient for use by the patient to relieve
the patient’s serious medical condition, and
(d) neither the registered patient nor any other registered carer of the patient
is registered as a cannabis producer for the patient.
30F Applications for registration
(1) An application or request for registration of a carer (including as a cannabis
producer) may be made in anticipation of registration of the patient.
(2) The Health Secretary may require information provided for the purposes of an
application to be verified by statutory declaration or by the production of
specified evidence.
30G Maintenance of register and issue of certificate of identity as registered patient
or registered carer
(1) The Health Secretary is to keep a register of patients and carers of registered
patients.
(2) An entry in the register must include:
(a) the name and address of the patient, and
(b) if the patient is a child—the name and address of the parent or guardian
who made the application for registration of the child, and
(c) the name and contact details of each medical specialist or medical
practitioner who issued a certificate for registration of the patient, and
(d) if the patient has attained 18 years of age—the details on the certificate
as to the elements of the definition of serious medical condition on
which the opinion of the medical practitioner is based, the nature of
relevant symptoms suffered by the patient and the medical condition
with which the patient has been diagnosed, and
(e) if the patient is a child—the name and address of the medical
practitioner who has undertaken to report to the Health Secretary on the
effectiveness of cannabis as a treatment for the child, and
(f) if the patient has a registered carer—the name and address of the carer,
and
(g) if the patient is registered as a cannabis producer or a carer is registered
as a cannabis producer for the patient—a statement of that fact.
(3) The Health Secretary may update the register as the Health Secretary considers
appropriate.
(4) The Health Secretary must ensure that each registered patient and registered
carer is issued with a certificate of identity as a registered patient or registered
carer that incorporates a recent photograph of the patient or carer and indicates
whether or not the person is registered as a cannabis producer.
(5) For that purpose, the Health Secretary may require a person to attend at a
specified place to have the person’s photograph taken or to supply the Health
Secretary with one or more photographs of the person as specified by the
Health Secretary.
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Page 7
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
30H Confidentiality of information on register and in reports
(1) The register is not open for inspection, including by an inspector or a member
of the public.
(2) Reports provided to the Health Secretary by a medical practitioner under this
Part are to be kept confidential.
(3) However, the Health Secretary may:
(a) issue a certificate for evidentiary or law enforcement purposes relating
to an entry in the register, or
(b) publish statistics and other information derived from the register or
reports provided to the Health Secretary under this Part, including:
(i) statistics relating to the number of registered patients and
registered carers, and
(ii) information about the nature of symptoms suffered by registered
patients and the medical conditions with which registered
patients have been diagnosed, and
(iii) information about the effectiveness of cannabis as a treatment for
intractable childhood epilepsy.
(4) In any proceedings, a certificate signed by the Health Secretary certifying as
to a matter relating to an entry in the register constitutes proof, in the absence
of proof to the contrary, of the matter so certified.
30I Cancellation of registration
(1) The Health Secretary must cancel a person’s registration as a patient, carer or
cannabis producer on the application of the person, or, if the person is a
registered carer, of the registered patient, made in the manner and form
required by the Health Secretary.
(2) If a registered patient is a child, the application may be made by the parent or
guardian who applied for registration of the child as a patient.
(3) The Health Secretary may cancel a person’s registration as a patient, carer or
cannabis producer if satisfied that:
(a) the registration was obtained improperly, or
(b) the person is not entitled to be registered as a patient, carer or cannabis
producer (as the case requires), or
(c) the person has committed more than one offence against this Part.
(4) Before the Health Secretary acts under subsection (3), the Health Secretary
must:
(a) notify the person (or, in the case of a patient who is a child, the parent
or guardian of the child who made the application for registration of the
child as a patient) in writing of the proposed action, specifying the
reasons for it, and
(b) allow the person at least 14 days within which to make submissions to
the Health Secretary in relation to the proposed action.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Page 8
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
Division 3 Defences to prohibited drug offences
30J Authorisations for registered patients and registered carers comprising
defence under Drug Misuse and Trafficking Act 1985
(1) A registered patient is authorised:
(a) to administer cannabis to himself or herself to relieve the patient’s
serious medical condition, and
(b) to possess cannabis, and equipment for use in the administration of
cannabis, for the purpose set out in paragraph (a), and
(c) to manufacture or produce cannabis by making a preparation or
admixture for the purpose set out in paragraph (a) at the patient’s
principal place of residence, and
(d) if the patient is a registered cannabis producer—to possess and cultivate
cannabis plants, and to manufacture or produce cannabis, for the
purpose set out in paragraph (a) at the patient’s principal place of
residence.
(2) A registered carer of a registered patient is authorised:
(a) to administer cannabis to the patient, or assist the patient to administer
cannabis to himself or herself, to relieve the patient’s serious medical
condition, and
(b) to possess cannabis, and equipment for use in the administration of
cannabis, for the purpose set out in paragraph (a), and
(c) to manufacture or produce cannabis by making a preparation or
admixture for the purpose set out in paragraph (a) at the carer’s principal
place of residence or at the patient’s principal place of residence, and
(d) to supply cannabis, and equipment for use in the administration of
cannabis, to the patient for the purpose set out in paragraph (a), and
(e) if the carer is a registered cannabis producer for the patient—to possess
and cultivate cannabis plants, and to manufacture or produce cannabis,
for the purpose set out in paragraph (a) at the carer’s principal place of
residence or at the patient’s principal place of residence.
Division 4 Offences
30K Cannabis not to be administered in public place
(1) A registered patient must not administer cannabis to himself or herself in a
public place.
Maximum penalty: 15 penalty units.
(2) A registered carer of a registered patient must not administer cannabis to the
patient, or assist the patient to administer cannabis to himself or herself, in a
public place.
Maximum penalty: 15 penalty units.
1
23
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Page 9
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
30L Limits on amount of cannabis or number of cannabis plants that may be
possessed
(1) A registered patient or registered carer of a registered patient must not, if the
patient or carer is not registered as a cannabis producer, possess more than the
permitted quantity of cannabis.
Maximum penalty: 15 penalty units.
(2) A registered patient or registered carer who is registered as a cannabis
producer:
(a) must not possess more than 6 cannabis plants that are in bud or
flowering or more than 24 cannabis plants in total, and
(b) must not possess more than 600 grams (or, if some other amount is
prescribed by the regulations, that other amount) of cannabis leaf, and
(c) must not possess more than the permitted quantity of cannabis leaf on
his or her person while in a public place, and
(d) must not possess more than the permitted quantity of cannabis oil or
cannabis resin.
Maximum penalty: 20 penalty units.
30M Requirement to provide reasonable security and to report theft
A registered patient or registered carer who is registered as a cannabis
producer:
(a) must, as soon as practicable after becoming registered as a cannabis
producer, notify a police officer of that registration and of the address at
which cannabis plants are to be cultivated under the registration, and
(b) must ensure that reasonable security against unauthorised access is
provided for cannabis plants and cannabis cultivated, manufactured or
produced under the registration, and
(c) must report to a police officer any suspected theft of cannabis plants or
cannabis cultivated, manufactured or produced under the registration as
soon as practicable after forming the suspicion.
Maximum penalty: 20 penalty units.
30N Updating of register
(1) A registered patient or registered carer must inform the Health Secretary (in
the manner and form required by the Health Secretary) within 14 days after
any of the following:
(a) a change in the person’s name,
(b) a change in the person’s address,
(c) in the case of a registered patient who is a child:
(i) a change in the name or address of the medical practitioner who
has undertaken to report to the Health Secretary on the
effectiveness of cannabis as a treatment for the child, or
(ii) a change in the medical practitioner who is to report to the Health
Secretary on the effectiveness of cannabis as a treatment for the
child (in which case the name and address of the medical
practitioner must be provided to the Health Secretary together
with a written undertaking of the practitioner to provide reports
as required by the Health Secretary),
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Page 10
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(d) in the case of a registered carer—the death of the patient for whom the
person is registered as a carer,
(e) in the case of a person registered as a cannabis producer—the person
ceases to cultivate cannabis plants or does not commence to cultivate
cannabis plants within 14 days after becoming registered as a cannabis
producer.
Maximum penalty: 2 penalty units.
(2) If a registered patient is a child, the obligations of a registered patient under
this section fall on the parent or guardian who applied for registration of the
child as a patient.
30O Inspection and return of certificate of identity
(1) A registered patient or registered carer must, at the request of an inspector
under this Act, provide his or her certificate of identity to the inspector for
inspection.
Maximum penalty: 5 penalty units.
(2) A person who is, or was formerly, a registered patient or registered carer must,
at the written request of the Health Secretary, return his or her certificate of
identity as a registered patient or registered carer to the Health Secretary as
required by the Health Secretary.
Maximum penalty: 2 penalty units.
(3) If a registered patient is a child, the obligations of a registered patient under
this section fall on the parent or guardian who applied for registration of the
child as a patient.
Division 5 Scheme for supply of cannabis for registered patients
30P Authorisation of government sector agency to supply cannabis for use by
registered patients
(1) A government sector agency (within the meaning of the Government Sector
Employment Act 2013), employees of the agency and contractors of the agency
who are individuals are authorised to undertake any one or more of the
following activities:
(a) cultivating cannabis plants within New South Wales for the purposes of
this Part,
(b) manufacturing or producing cannabis within New South Wales for use
by registered patients as authorised by this Part,
(c) supplying cannabis to registered patients or registered carers within
New South Wales for use by registered patients as authorised by this
Part.
(2) An employee or contractor must act within the scope of his or her official
duties for the authorisation to be effective.
Division 6 Review of Part
30Q Review of Part
(1) The Minister is to review the operation of this Part as follows:
(a) a review of the use of cannabis by children with intractable childhood
epilepsy is to be undertaken as soon as possible after the first
anniversary of the commencement of this Part, with a report of the
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Page 11
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 1 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
review to be tabled in each House of Parliament within 12 months of
that anniversary,
(b) a review of the use of cannabis by adults to relieve serious medical
conditions is to be undertaken as soon as possible after the second
anniversary of the commencement of this Part, with a report of the
review to be tabled in each House of Parliament within 12 months of
that anniversary.
(2) Without limiting the matters that may be considered in a review, the following
matters must be considered:
(a) the extent to which registered patients were able or unable to access
cannabis for use to relieve serious medical conditions,
(b) the extent to which registered patients who used cannabis to relieve
serious medical conditions benefited from that use,
(c) the extent to which registered patients who used cannabis to relieve
serious medical conditions experienced adverse side effects from that
use and the nature and severity of those side effects,
(d) whether the definition of serious medical condition should be modified
to exclude or include particular conditions,
(e) whether the Part should otherwise be modified to improve its
administration or operation in terms of fairness, reasonableness,
effectiveness or efficiency.
[2] Section 31 Application of Commonwealth therapeutic goods laws to New South
Wales
Insert after section 31 (2):
(2A) However, nothing in the applied provisions renders unlawful anything done in
accordance with a licence or authorisation under this Act.
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 12
Drug Legislation Amendment (Cannabis for Medical Purposes) Bill 2014 [NSW]
Schedule 2 Amendment of Drug Misuse and Trafficking Act 1985 No 226
Schedule 2 Amendment of Drug Misuse and Trafficking
Act 1985 No 226
[1] Section 12 Self-administration of prohibited drugs
Omit section 12 (2). Insert instead:
(2) Nothing in this section renders unlawful the administration or attempted
administration by a person to himself or herself of a prohibited drug if:
(a) the prohibited drug has been lawfully prescribed for or supplied to the
person, or
(b) the person is authorised to administer the prohibited drug to himself or
herself under the Poisons and Therapeutic Goods Act 1966.
[2] Section 14 Permitting another to administer prohibited drugs
Omit section 14 (2). Insert instead:
(2) Nothing in this section renders unlawful the giving of permission for the
administration or attempted administration of a prohibited drug if:
(a) the prohibited drug has been lawfully prescribed for or supplied to the
person, or
(b) the person is authorised to administer the prohibited drug to himself or
herself under the Poisons and Therapeutic Goods Act 1966.
[3] Section 23 Offences with respect to prohibited plants
Insert after section 23 (4) (a):
(a1) a person licensed or authorised to carry out the act under the Poisons
and Therapeutic Goods Act 1966, or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

check this out mad place for information about medicinal cannabis in australia and more

https://www.thedonmedicinalcannabis.com/
and here
https://www.facebook.com/pages/Don-M...005437?fref=ts

[ScrifflyPimp]

We and others argue that cannabis is a useful second line medication to relieve distressing symptoms when conventional treatments haven't worked.

Second?

They get closer. When say "FIRST" they more right

[4tokin]

This is looking positive.
Time to start looking into green houses.
Caregiver

[happyherb]

As you can see it IS the greens...and really do we think the two major party's are going to pass a greens bill?...and the two major party's are hell bent on lining their pockets with pharmaceutical company's money and intent on just giving us pharmaceutical meds

But yes seems like an excellent bill(thou i can see a couple of errors...the continual mention of leaf...not bud...and how do we grow a plant?...by seed....no mention of seeds)...but hopefully it all works out in the end for a bill to be passes that is equally good.HH. =]-~

[wallywombat]

greenhouse time people , i think i qualify for patient/caregiver , good post bushy and happy herb , great news super stoked

[happyherb]

Yea that was a decent bill...thou now there's a new one...and whats the bet out of the 2 of them...the newer one gets in...

(was days ago since i read it) but from what i can gather(through their Wiesel words)...that we wont be growing our own(may be wrong on that...but it seems like that)...that the gov will source the products...OR....now they will become our 'dealer'..So they tell us we are wrong for growing our own meds(hell you can even prove in court thats what you were doing) and jail us....but with a few pen strokes it would be fine for them to grow it and sell it to us...SHAMEFUL!!!!....if its a choice to grow our own or buy theirs...well thats slightly different....but they dont want that

heres a link for the new bill....go make yourself a cuppa and pack a lunch box and get comfortable for a long read.....

https://parlinfo.aph.gov.au/parlInfo/...F0000%22;rec=0