Doctors, politicians and patients are calling for a change in Queensland cannabis legislation
Thousands of Queenslanders are charged with cannabis possession each month. Experts, patients, and someone who has been charged with posession of cannabis speak out, advocating for a change in legislation. VOTE IN OUR POLL
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At least 15,000 cannabis possession charges have been recorded in Queensland this year alone. Every month for the last five years at least 1000 cannabis possession charges have been recorded in Queensland.
While possession of cannabis oil with a valid prescription has been legal since 2014, recreational use of the drug is illegal. In the Australian Capital Territory cannabis has been decriminalised for people aged 18 years and above for almost three years.
With high possession charges in Queensland, experts are calling for a change. We’ve talked to patients with a CBD oil prescription, a person that has been convicted of possession, a doctor, a lawyer, politicians, a not-for-profit and a resource community to share their view on how a change in legislation could help change Queensland for the better.
Peggy Davidson* has experienced chronic pain and inflammation for over 30 years. Mrs Davidson has had a CBD prescription for two years and has said the impact on her lifestyle has been enormous.
“I can now participate in far more activities,” she said.
“I am not devastated by quite intense pain for most of the day and night.
“My mental health is generally significantly improved such that I no longer need medications for that.
“I can sleep without the need to seek pain relief in multiple ways through the night. I no longer feel like some sort of hypochondriac freak!”
Mrs Davidson has said that while CBD oil is legal she is concerned about how people view her.
“I believe that decriminalisation in general would avoid some of the negative connotations that arise even when using a legal product,” she said.
CBD oil is not on the Pharmaceutical Benefits Scheme (PBS). Mrs Davidson has said that the costs associated with her prescription is on average around $1000 per month.
“This is not sustainable, and out of reach for the vast majority of the population,” she said.
“In addition, due to the inadequacy of medical support in my local region, I find there are significant travel costs associated with visiting doctors, or participating in other support activities.”
Alice Wearra* has said her local chronic pain community suggested looking into CBD oil, rather than her doctor at the time. Ms Wearra has said it has made a profound difference to her pain relief.
“I feel at peace that this is a natural product, a plant,” she said.
“I feel more in control when my illness made me feel like control was completely taken away from me.
“Instead of feeling drugged like I did on other pain relief, I still feel like myself and I’m able to focus, study and live my life normally.
“I wasn’t expecting to ever go back to work once I found myself using my wheelchair more and more often for my neurodegenerative disease.
“Now with the help of NDIS and THC/CBD pain relief I can work again.”
Ms Wearra has to take 1.5 ml a day, equalling $200 roughly every forty days.
Angelina Smith has been charged with possession of cannabis seven times.
“It has substantially reduced my chances of numerous employment opportunities and even in housing situations I’ve lost out to due to Queensland Police Service searches on premises attached to my name,” she said.
“Having a conviction recorded or not, that charge is still there and it’s there for life.”
“Each time you are treated as if you are using heavy drugs, even though it’s a plant that grows in the ground.
“The way you’re treated and spoken to during these searches is disgusting.
“At court, without a qualification, the judge makes you feel like an incompetent citizen to society as well, so the whole process from start to finish really feels like a loss.”
Miss Smith has said the stigma around cannabis has meant sometimes people don’t take her seriously, which she said wouldn’t be an issue if cannabis was legalised.
“People would take me seriously rather than a stoner with big thoughts and a big imagination,” she said.
“I wouldn’t have to feel ashamed for using something that helps with my health and mental health daily when needed.”
Dr John Teh MBSS is the Medical Director and Educator at PlantMed Medical Cannabis Clinic.
Dr Teh said many medical professionals were initially apprehensive in 2014 when cannabis oil was legalised for patients with a prescription.
“I had specialists refuse to refer patients and even tear up referral forms that the patient requested be filled,” he said.
“The ‘proof is in the tasting’ they say, and as more and more chronic patients were returned to their other doctors with good results, attitudes slowly changed. They continue to change today.”
Dr Teh is supportive of recreational legalisation of cannabis, however advised that legalisation should not be rushed to ensure every aspect is properly researched.
“Primarily, I believe in a person’s right to free choice,” he said.
“As long as an individual is not negatively impacting any other members of society, I believe they should be able to do as they see fit.
“Alcohol, cigarettes and opiates are socially acceptable drugs, but cause massive,
known and quantifiable harm to people and our society.
“Cannabis use also has much less harm to the human body and human society.”
Lawyer Bernie Bradley has seen lives destroyed by convictions for cannabis possession.
“The existing cannabis laws in Queensland have serious negative financial and social
consequences for both individuals and the wider community in this state,” he said.
“For individuals, I’ve seen lives and livelihoods completely up-ended by convictions for minor
drug use, including implications for their current and future employment and ability to
travel.
“Roadside drug testing for cannabis has compounded the problem, with mandatory
disqualification for those who return a positive result.
“This amounts to a retrospective possession charge where people automatically lose their
licence and again, the impact of that can be dire.
“People lose their jobs because they’re unable to get to work or they need their licence for
work, they’re unable to get to medical appointments, take kids to school, care for relatives –
the list goes on.
“I believe the current approach to cannabis is an enormous waste of police
resources and court time.”
A Queensland Police Service spokesperson has confirmed that on average over 1000 cannabis possession charges are laid per month in the state, going back as far as 2017.
The Greens are one of two political parties in Queensland advocating for change to the current cannabis laws.
Michael Berkman, MP for Maiwar has said The Greens want to see cannabis legalised for personal use by adults.
“It’s more than three years since the Productivity Commission recommended Queensland fully legalise and regulate cannabis to reduce law enforcement costs, free up funding for education and treatment, and ultimately deliver better outcomes for communities.”
Senator David Shoebridge echoes the calls for legalisation made by Michael Berkman MP.
“Criminalising cannabis funnels literally billions of dollars to organised crime who use the production and sale of drugs as the cornerstone of their business model,” he said.
“A legal scheme that licences and sells cannabis would raise a large amount of money in licensing fees and taxes which would go back to the states and could be invested in schools, hospitals or other community projects.
“Making cannabis not only legal defunds organised crime, it then directs that money into secure jobs and more government services through an industry that will bring serious income to regional economies.
“Removing cannabis from policing, courts and prisons will save hundreds of millions of dollars across the country each year, money that can be used to build public housing or hire more nurses and teachers.
“The war on drugs not only doesn’t work but it comes at an extraordinary financial and human cost.”
Ian Zunker from Legalise Cannabis Queensland has said cannabis has made a world of difference to his life after being diagnosed with Multiple Sclerosis and years of chronic pain beforehand.
“It is because of cannabis that I am now a functioning person, neurologically sound as I like to call it, and also pain free with no negative side effects,” he said.
“When I took the medication for the first time within 30 seconds the chronic pain of 15 years was relieved.”
Mr Zunker has said that due to cannabis not being available on the PBS he had to get assistance from his family to afford the cost of the medicine.
“My parents helped me with the cost to keep me in this condition, which in the first 12 months was around $15,000,” he said.
“$15,000 to have me in a neurologically sound state.”
Deb Lynch from Medical Cannabis Association Australia has said she is in support of legalisation of cannabis, not just not in Queensland, but throughout the whole country.
“With the health system buckling under pressure, patients could grow their own medicine,” she said.
“It would make it more affordable and reduce the burden patients are to society and the healthcare system.
“As per the Qld Recidivism Productivity Report, Queensland Police Service spends $500,000,000 each year on Drug enforcement.
“The majority of those are patients, not the traffickers that the Drugs Misuse Act was initially brought in to capture.
“These funds would much better serve the public by addressing violent crime, youth crime and domestic violence or any number of other areas.”
Thomas Brown, co-founder of honahlee, a cannabis information resource, has agreed legalisation would be beneficial to Australians.
“Giving people the ability to grow their cannabis or purchase cannabis easily from a government-regulated facility simply makes the most sense,” he said.
“Harm minimisation and economic stimulation are the two major changes with legalisation.
“Illicit cannabis in Australia is known for having large amounts of plant growth regulators (PGRs), which are toxic.
“Legalisation creates a framework for better education, restrictions and guidelines around potency and product types and guidance on safe drug consumption.
“We teach children about alcohol in a constructive way; legalisation would do the same for cannabis.
“When it comes to the economy, legalisation can have a major impact on a country’s Gross Domestic Product (GDP).
“Deloitte estimated that between October 2018 and June 2021, the legal cannabis industry contributed $43.5 billion to Canada’s national GDP.
“In addition, legalisation will create hundreds of thousands of jobs and benefit the community.”
We contacted Mark Ryan MP, Minister Corrective Services as well as Mr Dale Last, Shadow Minister Corrective Services for a comment. We have not received a response.
*Names have been changed for privacy reasons.
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