re: Feral's Journal Of Insanity & Some Growing
So i found a bit of info on how the legal side of things are expected to work here, pretty crap if you ask me! i wont go legal if this is their plan!
Introduction
1. The Federal Government has announced it will legalise the growing of cannabis for medicinal purposes. The government is currently in the process of finalising draft amendments to the Narcotics Drugs Act 1967 to allow Commonwealth licensing of the cultivation of cannabis in Australia for medicinal or scientific purposes, given Australia’s international obligations under the Single Convention on Narcotic Drugs 1961 (Convention).
2. A Commonwealth licensing scheme within the Department of Health will be created to ensure cultivation meets Australia’s international obligations. This scheme will set out the obligations and legislative framework requirements for states and territories looking to set up agricultural industries around the cultivation of cannabis for medicinal or scientific purposes.
3. Convention Requirements:
(a) the convention requires the cultivation and manufacture of cannabis for medicinal or scientific purposes to be undertaken in a very specific way. Cultivation may take place only under licence to a single national agency, which must take physical possession of the total crop from the licensee;
(b) a government owned enterprise may then either manufacture the cannabis into another form, or issue licences permitting companies to engage in manufacturing; and
(c) stocks of cannabis must at all times be held by the national agency or by manufacturers of the medicinal cannabis products.
4. These requirements ensure that signatories must report annually to the convention board about the amount of cannabis they estimate will be legitimately used for medical and scientific purposes over the coming year. Accordingly, the Commonwealth government has a responsibility to give effect to the rules of the Convention. These rules cannot be undermined by state governments.
Applying for medicinal use in Australia:
1. For any form of cannabinoid to be approved for medicinal use in Australia, an application needs to be made to the Therapeutic Goods Administration (TGA) with the supporting data to assess quality, safety and efficacy- just like any other medicine.
2. This process aims to maintain the same high safety standard for medicinal cannabis products that applies to any other experimental or emerging medicine. If sufficient clinical evidence is provided, the TGA may decide to approve the application, and include the product on the Australia Register of Therapeutic Goods (ARTG), allowing it to be supplied in Australia.
3. There is already one pharmaceutical registered on the ARTG that contains cannabinoids.
Sativex is registered in Australia for symptom improvement in patients with moderate to severe spasticity due to multiple sclerosis (MS).
4. The government cannot compel a sponsor to make an application to the TGA to have a product registered, and the TGA assessment process is made independent of ministerial involvement.
Current Developments:
1. Regulator of Medical Cannabis Bill 2014
(a) In November of 2014 the regulator of Medical Cannabis Bill 2014 (cth) was introduced to the Senate as a Private member’s Bill.
(b) The Bill establishes the Regulator of medicinal Cannabis, an agency that would:
(i) approve medicinal cannabis products for inclusion in a register of regulated cannabis products;
and
(ii) make, and monitor compliance with, rules for licensing the production, use, experimental use and import and export of medicinal cannabis.
(c) The proposed regulator is designed to satisfy the requirements of the Single Convention on Narcotic Drugs regarding government supervision of licensed cannabis cultivation.
2. Draft Drugs of Dependence (Cannabis Use for Medical Purposes) amendment Bill 2014 (ACT)
(a) The Standing Committee on Health, Ageing, Community and Social Services of the Australian
capital territory Legislative Assembly is also considering proposed medicinal cannabis
legislation- the Drugs of Dependence Bill 2014 (ACT).
(b) The purpose of the draft bill is to set up a licensing system for patients to possess and grow their own cannabis for medicinal purposes if approved by the Chief Health Officer. Patients would be able to make one of three types of application:
(i) Category 1: for the mitigation of symptoms of a terminal illness;
(ii) Category 2: for the mitigation of one or more listed symptoms associated with a listed condition, set out in a table, such as cancer.
(iii) Category 3: for the mitigation of a symptom of any other medical condition or its treatment.
(c) The application would need to be supported by a statement from a doctor- once approved the patient would be permitted to possess cannabis which would essential amount to a licence to possess and use.
(d) The patient would also be permitted to seek a licence to cultivate cannabis either personally or on their behalf by a nominated carer.
3. Tasmanian parliamentary inquiry
(i) In November 2014, the Government Administration Committee ‘A’ of the Tasmanian Legislative Council released an interim report on the use of natural botanical medicinal cannabis flower for medicinal purposes.
(ii) The report noted that many Tasmanians were already using cannabis medicinally and that the law did not provide protections for these users or those that supply them
(iii) The committee recommended immediate legislative change, on compassionate grounds, to protect users from facing criminal charges associated with possession and administration.
4. Norfolk Island licence to cultivate and export cannabis
(a) In April 2015, the responsible minister announced that AusCann Group Holding Pty Ltd had lodged an application for a licence to "import, export, plant, cultivate, tend or harvest and sell" cannabis, for the purpose of establishing a medicinal cannabis industry on Norfolk Island.
(b) The legislation permits the Minister to grant such a licence under such conditions as it thinks appropriate with the discretion to cancel at any time.
(c) These laws have been repealed and replaced by local NSW laws.