The aim of the is to amend the Misuse of Drugs Act 1975 (the Act) to make it legal for New Zealanders who are suffering from “terminal illness” or any debilitating condition to use cannabis or cannabis products with the support of a registered medical practitioner. [1]
“The Bill amends the Misuse of Drugs Act to make a specific exemption for any person with a qualifying medical condition to cultivate, possess or use the cannabis plant and/or cannabis products for therapeutic purposes, provided they have the support of a registered medical practitioner. The exemption for cultivation and possession would also apply to an immediate relative or any other person nominated by the person with such a diagnosis, for the sole purpose of administering or supplying cannabis or its related products to the person.
The Bill also aims to ensure that non-psychoactive cannabis plants and products are not controlled substances under the Misuse of Drugs Act. It clarifies that a non-psychoactive compound, Cannabidiol (CBD), is excluded from the definition of cannabis, and is therefore exempt” (see Clause 4(2) of the Bill, amending Section 2(1) of the Act, definition of “controlled drug”). [2]
Section 9 of the Act provides that, except pursuant to a licence under the Act, or as otherwise permitted by regulations, no person may cultivate any prohibited plant. The Act defines the term “prohibited plant” to include “any plant of the genus Cannabis.”
The Bill provides that a person with a “qualifying health condition” may use “medicinal cannabis” in accordance with a “supportive medical report” and that person, or their “nominated support person”, can cultivate, supply, or possess medicinal cannabis for the purposes of the former person’s lawful use (Clause 5, inserting New Section 9A into the Act; cr. Section 9 of the Act and Section 2(1), definition of “prohibited plant”).
The Bill defines the term “qualifying health condition” as including: any terminal illness; any severe chronic disorder of the immune or nervous system; chronic back or other pain; and any other medical condition that a medical practitioner certifies may benefit from supplementary plant cannabinoids (Clause 4(1), definition of “qualifying health condition”; Clause 4 (definition of “terminal illness: an illness that a medical practitioner certifies, in relation to a person with the illness, is likely to cause the death of the person within the following 6 months”))
The Bill defines the term “medicinal cannabis” as any form of cannabis referred to in the Act, including (without limitation) any cannabis plant, preparation, or derivative, that is cultivated, supplied, or possessed (as the case may be) solely in order that it may be used by a person with a qualifying health condition for therapeutic purposes (Clause 4(1), definition of “medicinal cannabis”).
The Bill provides that the term “supportive medical report” means a report from a medical practitioner, containing all the “prescribed information” (if any) (see “regulations” below), supporting a person with a qualifying health condition to use medicinal cannabis for therapeutic purposes (Clause 4(1), definition of “supportive medical report”; cf. Section 4 of the Medicines Act 1981, definition of “therapeutic purpose”).
The Bill defines the term “nominated support person” as any person nominated by a person to cultivate, administer, supply, or possess medicinal cannabis for the purposes of the latter person lawful use and whose name and other identifying details have been notified by that latter person to the medical practitioner who issued the supportive medical report (Clause 4(1), definition of “nominated support person”).
The Bill provides that regulations may be made for the purpose of prohibiting, limiting, restricting, and imposing conditions on, either generally or in relation to particular cases or classes of case or particular classes of person, the cultivation, administration, supply, use, or possession of medicinal cannabis. Regulations may also be made prescribing information to be contained in supportive medical support (Clause 6, amending Section 37 of the Act (“Regulations”); cf. Clause 4 (definition of “supportive medical report”)).
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