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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4129 ..

In its present form the bill does not comply with the international treaties to which Australia is a signatory. Australia is a signatory to international treaties such as the United Nations Single Convention on Narcotic Drugs 1961, as amended by the 1972 protocol which states that cannabis must be grown with the same control as the opium poppy. Cannabis must only be grown and used for scientific and medical purposes. Article 23 of the treaty requires the government to establish an agency to regulate cannabis production, issue licenses for cultivation and buy the entire cannabis crop within four months of harvest. The places in which cultivation and trade or distribution occur must be licensed, and misuse and illicit traffic of cannabis must be prevented.

If this bill were passed in its current form, significant government agency resources would be required to issue licences to allow possession, cultivation, supply and administration of cannabis for medical use. Increased policing resources would also be required to control the premises where cultivation and distribution take place, to comply with the relevant international treaties.

Cannabis is not currently approved by Therapeutic Goods Australia for use in Australia. The Australian community has an expectation that all therapeutic goods are safe and of a high quality, to a standard equal to that of comparable countries. The Therapeutic Goods Act 1989 provides a national framework for the regulation of therapeutic goods to ensure their quality, safety, efficacy and timely availability.

Production of a standard product from home cultivation is not possible. The home-grown cannabis that this bill is recommending is a crude plant of questionable pharmaceutical quality because the amount and range of active ingredients are extremely variable. According to the World Health Organisation, a typical cannabis cigarette or joint contains between 7.5 and 225 milligrams of tetrahydrocannabinol, of which 20 to 70 per cent is delivered in smoke. Medical practitioners will be asked to recommend this product and stipulate the daily dose required. This information would clearly be meaningless, as would any accurate assessment as to whether the benefits outweigh the risks.

The bill has not been developed in accordance with evidence-based medical and/or treatment guidelines and ignores Australia’s framework for the regulation of therapeutic goods.

The federal government has control over the importation of cannabis products. Federal legislation such as the Customs Act 1901, the Narcotic Drugs Act 1967 and the Crimes (Traffic in Narcotic Drugs and Psychoactive Substances) Act 1990 would need to be considered, depending on the cannabis products for supply.

The health risks of cannabis use also need to be considered. Cannabis is known to have adverse effects, including short-term impairment of memory, coordination and attention. There is recent evidence that regular cannabis use may increase the risk of psychosis and depression. These factors need to be considered, along with any therapeutic use that may be achieved, particularly if cannabis is used to treat a chronic medical condition. Cannabis may also suppress the immune system; so its use in the treatment of HIV/aids is of some concern.

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