Page 4470 - Week 14 - Thursday, 1 December 1994
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I use the lay term "open slather" and I have just read you a rather complex legal argument. I think they amount to very much the same thing.
The Government Solicitor then seeks the meaning of the term "physical or mental condition". He goes on:
These terms are defined to some extent in section 3 of the Act. Physical condition simply means:
(a) a physical disease, illness, ailment, defect or injury;
(b) pregnancy; or
(c) a physical state which may be changed by surgery in the course of professional medical practice;
but does not include drug dependence;
In our view, this is wide enough to include virtually any ailment, possibly even stress or any other condition which is manifested physically. Mental condition is only constrained by what it is not:
"mental condition" does not include drug dependence;
If a medical practitioner, who was engaged in medical research -
going back again, that term is nowhere defined; it cannot be linked to Part IV, and basically means that as long as you keep the notes you can argue that you are engaged in medical research -
were to decide that the use of cannabis by the patient would be appropriate for their physical or mental condition whatever it may be, whether it be intractable pain from terminal cancer to arthritis to stress, or indeed an inability to gain weight, then this would bring the use of the cannabis within the purview of the section.
Mr Humphries says that I should be dismissed as a Minister - the most serious sanction that is available in a Westminster parliament - for misleading the Assembly, for saying that this is an open slather approach. I read you that legal advice, and I read it to you again:
If a medical practitioner ... were to decide that the use of cannabis by the patient would be appropriate for their physical or mental condition whatever it may be, whether it be intractable pain from terminal cancer to arthritis to stress, or indeed an inability to gain weight, then this would bring the use of the cannabis within the purview of the section.
Mr Humphries: How likely is that?
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