The Compassionate Use Of Medical Cannabis Act

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The Compassionate Use Of Medical Cannabis Act

The Compassionate Use Of Medical Cannabis Act, A medical cannabis act similar to California's Propisition 215 which passed into law in 1996 was submitted to the Irish goverment by Dublin man Gordon Mc Ardle.
Medical cannabis activist Gordon Mr Mc Ardle is the former owner of Napa Natural Natural Wellness Group a medical cannabis dispensary in California. Mr Mc Ardle a medical cannabis patient himself submitted The Compassionate Use of Medical Cannabis Act 2010 to Pat Carey Minister for Community, Equality and Gaeltacht Affairs with special responsibility for the National Drug Strategy and Community Affairs after being informed that no framework existed to allow medicinal use of cannabis in Ireland without fear of prosecution.
The Compassionate Use of Medical Cannabis Act 2010 seeks to provide necessary security in the dispensation of medications, health & safety protections, protection of patients, physicians, caregivers and providers rights under the law against prosecution for legally held medicine. It also provides legal recourse for the abuse of the protections of this law
Gordon Mr Mc Ardle goes on to say that the provisions of this proposed legislation provide safe access to medicine for qualifying patients. Under its provisions, patients will be permitted to grow a number of plants, purchase medicine from state-licensed dispensaries, legally possess and consume that medication provided they do so under a doctor’s care. There are several safeguards built into the system to prevent abuse and to ensure public safety is maintained. Patients will be required to use medical cannabis in a responsible manner and shall be open to prosecution if found to be supplying medication to un-prescribed persons.​

 

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Some of the proposals held within the act include.....
Physicians shall not be prosecuted under existing Drug or Health & Safety laws, or suffer any impairment to operate or to be licensed by the state for discussing the use of cannabis as a medicine with any patient.

Physicians must monitor a patient’s progress under treatment at regular intervals as with other medications, at which point further recommendations can be made.

Physicians have the power to request that a patient’s recommendation be withdrawn if cannabis is believed to be having a negative effect on the patient’s physical or mental well-being.

Physicians shall be required to register each patient with the state. The state shall at this point issue an identification card to the patient. This request shall include the patients full name, current address, date of birth, physicians name and period of prescription no longer than 12 months.

A patient who is under a physicians care for any ailment listed in the accompanying document labelled as Appendix A, or any ailment for which cannabis may provide relief, may legally possess cannabis in plant or processed form provided they have been recommended by a physician.

Patients shall not be discriminated against in regards to employment law for using medical cannabis except in instances of a high risk of potential public safety issues such as pilot, physician, train driver, Garda etc.

Patients must not at any time operate any large machinery while under the influence of medical cannabis. Patients found in violation can be held accountable under the Misuse of Drugs Act or Road Traffic Acts etc. asapplicable.

Patient’s prescribed medical cannabis by a physician must carry their state-issued ID card at all times while in possession of medical cannabis in public.

Patients shall be permitted to grow a suitable number of plants based upon their physician’s recommendation, up to a maximum of 20 mature plants and 20 immature plants at any one time.

Patients must register their production area where cannabis is grown and this information recorded on a government database for reference purposes.

Patients can nominate one caregiver or provider to obtain/produce medical cannabis in the event of the case of severe disability or otherreasons prohibiting the patient from producing their own medication.

 

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Providers who are normally resident in Ireland and who meet therequirements of this act in regards to criminal background checks, security of production area, safety measurements, organic production and pest control, may be licensed by the state to produce cannabis for supply to dispensaries.

Providers shall be allotted a quota of plants to be grown based on the number of patients in the dispensary being supplied. This shall be strictly enforced by government inspectors.

Providers shall be required to meet E.U. organic food standards to ensure the highest quality medicine is produced. This is to ensure patient safety.

Providers shall be required to label produce as to the strain of the flower, the thc and cbd levels, whether of the Sativa or Indica genus, weight, ingredients and all required food labelling in the case of edible food products, warnings for health & safety etc.

Dispensaries as described herein shall, under the provisions of this act, be licensed by the state to purchase, sell and distribute cannabis and cannabis products to prescribed patients, carrying a state-issued ID card.

Dispensaries will be issued a licence based upon stringent conditions including, Garda background check, ability to provide a safe, clean, secure place of business etc. This license can be revoked if any connectionbetween the dispensary and organized crime can be proven. Any
dispensary operating in such a manner shall be subject to investigation by the Criminal Assets Bureau.

Dispensaries shall be required to confirm the patient’s prescription with their physician prior to dispensing medical cannabis to either a patient or their nominated caregiver. The details of the prescription shall be recorded on the patient’s first visit and may be renewed based on the physician’s recommendation in writing.