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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4130 ..

Several models of medicinal cannabis use exist overseas. The Netherlands has recently made cannabis available on prescription. Canada has extensive legislation regulating medicinal cannabis use, and clinical trials of a nasal spray are under way in the United Kingdom. In Australia, a synthetic derivative of cannabis, nabilone, is available under the special access scheme if prescribed by a doctor and authorised by the secretary of the Australian Department of Health and Ageing. People with chronic, debilitating medical conditions may be eligible to use this. In the ACT, a prescriber also requires approval from the Chief Health Officer.

The bill covers licensing for possession and cultivation of cannabis but the supply and purchase of seedlings or seeds would remain illegal. Regulation of cultivation—for example, indoor versus outdoor growing—and the growing cycle are also not covered in the bill. The bill does not outline processes involved in checking compliance with licence conditions. There are no safeguards for the storage and handling of cannabis plants and materials.

Normally there is a requirement for drugs of dependence to be kept securely. There are no provisions for the disposal of cannabis after a person is deceased or no longer wishes to use cannabis. Other drugs of dependence are returned to pharmacies. However, a pharmacist would not be authorised to be in possession under this legislation.

One section of the bill allows a person assisting the holder of an approval to possess and administer cannabis to the holder of the approval. There is no requirement for the assistant to be named or to provide details as part of the approval process.

If the bill is passed, there would be significant financial and legal resources involved in the regulation of cannabis in accordance with international treaties and federal legislation. If cannabis cultivation were permitted, it appears there would need to be a government agency established to designate the area to be cultivated. Licensed cultivators can purchase and take physical possession of the total crop within four months of the harvest. There are significant policing implications, as I have outlined already.

The government went to the last election indicating that the provision of cannabis for medicinal purposes should be further investigated, and that remains our view. Given the range of issues I have outlined in the debate today, the government does not believe it is appropriate to support the passage of this legislation at this time. There are simply too many unanswered questions that need further investigation.

For that reason, I am pleased to indicate to members that, if the government is returned at the October election, it would be prepared to provide a detailed report to the new Assembly within six months of the Assembly sitting which would examine in detail the threshold issues which I have outlined today. However, at this stage the government cannot support the legislation.

Ms Tucker has also provided further amendments to this bill. These changes to the bill now state that the act does not commence on the day after its notification but would commence on a date fixed by the minister in writing. The changes remove references to

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