Aussie medicinal cannabis laws to face more changes

To ensure patient safety, Australia is set to undergo a review of medicinal cannabis laws. This is what patients are allowed and why changes are being flagged.

The medicinal cannabis industry could be facing further regulatory changes to ensure the safety of patients, amid record numbers of scripts being handed to Aussies.

Federal Health Minister Mark Butler said while medicinal cannabis offers “a lot of relief” to people, he acknowledged there were some businesses that were “unscrupulous”.

Mr Butler added it was “deeply concerning” to hear reports of a single doctor handing down 72,000 prescriptions to 10,000 patients in two years.

“This is a product that’s providing a lot of relief to a lot of people - medicinal cannabis - from kids with epilepsy right up to adults with really hard-to-treat mental health issues,” Mr Butler said on Sunrise on Tuesday.

The medicinal cannabis industry could be facing further regulatory changes to ensure the safety of patients, amid record numbers of scripts being handed to Aussies. Picture: NCA NewsWire

“But there are some business practices that have emerged that are, frankly, unsafe and certainly unscrupulous,” he continued.

“I’ve asked the regulators to look at this and provide all health ministers, not just me, but the state ministers as well, with some advice about how to regulate this industry in a more safe way that will give patients confidence that they can take advantage of these new treatments in a safe way.”

This comes as nearly two million cannabis scripts have been handed to Aussies within five years, prompting each state government to introduce regulations around the highly contentious drug.

This is what we know so far about medicinal cannabis and how it’s currently regulated in Australia.

WHAT IS MEDICINAL CANNABIS?

Medicinal cannabis is prescribed by a registered healthcare practitioner to relieve the symptoms of some medical conditions, according to health direct.

The cannabis plant has two main cannabinoids, tetrahydrocannabinol (THC) and cannabidiol (CBD) - THC gets people high, whereas CBD is thought to have no intoxicating effect, while being able to treat a range of symptoms.

Medicinal cannabis is prescribed by a registered healthcare practitioner to relieve the symptoms of some medical conditions, according to health direct. Picture: AAP Image/Renae Droop

Medicinal cannabis is pharmaceutical grade, regulated, and labelled with THC and CBD levels - often coming in oral or capsule forms.

It is not recommended as a first-treatment for any health condition in Australia, but some doctors can prescribe it if other medicines do not work for a range of symptoms such as chronic pain, anxiety, palliative care, epilepsy, and cancer related symptoms.

WHO REGULATES MEDICINAL CANNABIS IN AUSTRALIA?

Australia’s Therapeutic Goods Administration regulates the supply of medicinal cannabis, prescribing doctors must have approval from the TGA, according to the TGA website.

However, state and territory governments have their own regulatory laws about prescription and possession of medicinal cannabis other than cannabidiol, meaning a prescription from a medical practitioner registered in that state or territory may be required for lawful possession.

Tincture of full extract cannabis oil in avocado oil. Picture: AAP Image/Renae Droop

WHAT ARE THE RULES FOR MEDICINAL CANNABIS IN EACH STATE?

ACT: Medicinal cannabis is legal, with prescriptions obtained through TGA-approved pathways, according to ACT Health Personal cultivation for medicinal or recreational use is allowed (up to 50g dried or two plants per adult), but commercial sale is illegal.

NSW: Medicinal cannabis is legal with TGA and NSW Health approvals required for prescribers, according to the NSW government. Driving laws are strict, prohibiting any THC traces, even with a prescription, though reforms are under review.

VIC: First state to legalise medicinal cannabis. TGA approval is needed for prescriptions, with additional approval for patients under 18 or drug-dependent individuals, according to the Victoria Department of Health. Magistrates may exercise discretion regarding license suspension for non-impaired users.

QLD: TGA approval is required for prescriptions, with specific approval needed for drug-dependent patients, according to Queensland Health. There is zero-tolerance for THC in drug-driving laws.

SA: TGA and South Australian Department for Health and Wellbeing approvals are needed for prescriptions to drug-dependent persons, according to SA health. THC detection is illegal for all drivers.

A Cannabis plant. Picture: AAP Image/Renae Droop

WA: Legal with TGA approval for prescriptions, and WA Department of Health ceo approval for under 18s or those with drug dependence, according to the WA Department of Health. Driving with THC is illegal, though law reforms are being discussed.

TAS: Prescriptions require TGA and Tasmanian Department of Health approval through the Controlled Access Scheme, according to the Tasmanian Department of Health. Driving with THC is legal only if the prescription is issued and filled within Tasmania.

NT: Prescriptions are via TGA pathways, with Chief Health Officer approval needed for drug-dependent persons, according to the NT Department of Health. Driving laws are strict, prohibiting any THC detection, with no exemptions for medicinal users.

WHAT ARE THE RULES FOR TRAVELLERS WHO‘VE BEEN PRESCRIBED MEDICINAL CANNABIS?

Aussie travellers returning home

Aussie travellers can bring medicinal cannabis when returning to Australia from travelling if they have a prescription and do not have more cannabis that the prescriptions says they will use in three months, however it is illegal to import medicinal cannabis through mail or courier.

It is strongly recommended that users contact their local health department prior to travelling into Australia with medical cannabis, according to Epilepsy Auction Australia’s CanGuide website.

Topical Canna-coconut balm. Picture: AAP Image/Renae Droop

Aussie travellers leaving

While there are few restrictions on taking medications or medical devices out of Australia, you must check whether they are allowed into your destination and any transit countries. Carrying medicinal cannabis internationally is difficult as it remains restricted in most countries.

Before travelling, contact the embassies or consulates of the countries you’ll visit to confirm their rules. Always carry a doctor’s letter detailing the medicine, dosage, and purpose, and keep it in its original packaging.

Foreign travellers coming to Australia

To bring medicinal cannabis into Australia for personal use, you must have a valid prescription from a medical practitioner under a Traveller’s Exemption. Documents like a “medicinal cannabis licence” or a foreign “recommendation” are not sufficient under Australian law.

The medication must be in its original, pharmacist-labelled packaging, and you should carry a copy of the prescription - only a three months’ supply is permitted.

However, check the export rules of the country you’re leaving and if transiting through other countries, be aware that severe penalties for carrying medicinal cannabis may apply.