Karen McNamara (Dobell, Liberal Party) Share this | Hansard source

It is a privilege to speak to this historic Narcotic Drugs Amendment Bill 2016 that will impact many Australian lives for the better and in a safe and sustainable manner. The effect a severe medical condition can have on a patient and their loved ones is significant and lasting, and it is truly a responsible government that recognises that where it is possible to provide avenues to alleviate that suffering something must be done.

Internationally, there has been a great deal of attention on cannabis as a treatment for chronic, debilitating and terminal medical conditions as well as a number of other illnesses and disorders. Advocacy has been strong for some medical conditions, such as epilepsy, multiple sclerosis, chronic pain sufferers and cancer patients undergoing chemotherapy. Indeed, there is some evidence to suggest it could be effective; however, evidence is limited. For a number of years there has been a growing groundswell of support within the Australian community for further investigation, trial and access to medicinal cannabis.

Back in the early nineties the medical potential of the use of cannabis was investigated and acknowledged in various government reports and publications, including of the National Drug Strategy committee and the Ministerial Council on Drug Strategy. This is why we as a government recognise that there has been enough talk about making medicinal cannabis treatment a possibility, and we are committed to taking action. It is reassuring to note that in conjunction with the Commonwealth stepping up to make it possible other jurisdictions, likewise, are doing their part. Significantly, the New South Wales government has already begun investing in ground-breaking clinical trials that are the first of their kind in the world. Late last year, the NSW government committed $3.5 million to trial cannabis based treatments, for children who suffer from severe epilepsy, in partnership with the Sydney Children's Hospital Network. The medications presently prescribed to these children often have substantial side effects, which affect their quality of life, and it is quality of life that many families of those with severe medical conditions are advocating for when they seek the legal use of medicinal cannabis.

The introduction of this landmark legislation provides the missing link for Australians with severe medical conditions and their treating doctors by providing a means to access a safe, legal and reliable supply of medicinal cannabis products. The Narcotic Drug Amendment Bill 2016 will allow the controlled cultivation of cannabis for medicinal and/or scientific purposes through a singular national licensing scheme, which is a national first. Patients with painful, chronic and/or terminal conditions will be able to work with their treating doctors to determine if treatment with medicinal cannabis will be beneficial to their health, control of symptoms and, importantly, quality of life. It empowers doctors and those engaged in the medical treatment of chronically ill Australians to be at the centre of decision making for their patients, with a full scope of possible treatments in mind.

While state governments, such as New South Wales and, more recently, the Victorian government, are investing funds and undertaking clinical trials of medicinal cannabis treatments, the products themselves cannot be sourced within Australia, due to the illegal nature of cultivating cannabis. This is why the government is referring to this bill as providing the missing pieces. Australian patients, researchers and manufacturers have attempted to source international supplies of medicinal cannabis but are restricted due to limited supplies and export barriers. This bill will provide local opportunities to research, develop, manufacture and supply medicinal cannabis for suitable products. It opens up an entirely new opportunity for agriculture in Australia, not unlike the Australian poppy industry, which is also used for medicinal and scientific purposes.

Rather than have the cultivation legislation dotted across the jurisdictions with variation, the national approach to legislative and regulatory processes will allow the Commonwealth to closely track the development of cannabis products and curtail any potential criminal involvement. During the drafting process of this legislation the Commonwealth has worked closely with the states and territories, as well as with law enforcement agencies and other stakeholders, to ensure that a holistic approach is taken and all issues and implications are considered.

It is important to remember that the passing of this legislation does not legalise the recreational use of the drug. The illegal cultivation, use, possession or trafficking of cannabis remains a criminal offence. This is a necessary distinction to make, as the government is certainly not endorsing the cultivation of cannabis outside of medicinal and/or scientific use. However, this bill extends existing laws to enable the lawful cultivation of medicinal and/or scientific cannabis.

The Commonwealth will establish an authority within the Department of Health to regulate the cultivation of cannabis and will ensure safe, legal and sustainable access to the drug. Australian manufacture of cannabis products is currently regulated by the Therapeutic Goods Administration, and this will remain unchanged. The amendments contained within this bill provide that Australia continues to be compliant with the international treaty obligations under the United Nations Single Convention on Narcotic Drugs of 1961.

This bill amends the Narcotic Drugs Act 1967, which also regulates the manufacture of legally used narcotics such as morphine. We are proud of our longstanding history of operating a strong and secure regulatory system in this space, with Australia as the leading supplier of morphine. We have the confidence of the international community. Australia will no doubt be a trustworthy international leader in the cultivation of medicinal cannabis, with a clear national licensing system to maintain integrity.

This bill also provides for two distinct types of licensing for the cultivation of medicinal cannabis. One provides for the cultivation of cannabis plants for the production of cannabis for medicinal purposes; the other authorises the cultivation of cannabis plants for the purposes of research related to medicinal use of cannabis. Both licences require an applicant to prove that they are a fit and proper person according to specific criteria as set out in the bill and to reliably demonstrate that they are capable of adequately managing the physical security of the crop itself.

The reality is that cultivation of cannabis carries a particularly high risk of diversion, simply because it can be used in its raw state and requires no further adaptation or improvement. So rigorous constraints are contained within this bill to ensure that the applicant or subsequent licence holder and any relevant business associates are considered across a range of matters, including criminal history, connections, associates and family, financial status, business history and a capacity to comply with licensing requirements. It is specifically designed and worded to ensure the full exclusion of criminal elements, including organised crime.

Potential licence holders also need to demonstrate that a supply arrangement exists with a licensed manufacturer. They will also be restricted in the amount of cannabis they are permitted to produce. There are substantial penalties for offences relating to breaches of licensing conditions and for undertaking unauthorised activities. The regulation of supply and demand between a cannabis licence holder and the licensed manufacturer with whom they have an arrangement is not only the only regulation of its kind; it is also mirrored in the supply chain between the manufacturer and the patient. It limits the entire process, from cultivation through to supply to patients, to production that meets legitimate demand only. Demand will be determined by medical practitioners who are deemed suitable in accordance with the Therapeutic Goods Act. A key element contained in the bill is the granting of powers to the Secretary of the Department of Health, rather than the Minister for Health, in relation to the granting of licences to either cultivate cannabis or manufacture cannabis-based products.

This government is highly sympathetic to those with or those whose loved ones have medical conditions such as illnesses and diseases that cause chronic pain, nausea and other debilitating health issues. We have heard the growing support from our communities for ready access to cannabis-based medical treatments to alleviate pain and suffering. We also understand the difficulties currently faced in continuing clinical trials due to the difficulty of accessing cannabis. This is why we are bridging the gap in supply. Likewise, however, it cannot be ignored that currently Australia has one of the highest per capita rates of illegal cannabis use in the world. Unfortunately, chronic cannabis use has been associated with a number of negative health and social effects. What we are seeing here is a government that is committed to working collaboratively across jurisdictions and with stakeholders to facilitate greater trials and investigations into the health benefits of cannabis-based products, while responsibly controlling the negative aspects already identified. The bill represents a special framework that will open up a whole world of possibilities in the realm of medical treatments using cannabis.

I commend the Minister for Health for her monumental work in bringing this bill to the House, and I applaud her commitment to furthering medical treatments for the benefit of Australians. I also thank the many people behind the scenes who have been responsible for the drafting of this legislation. Even more, I must say that I do look forward to the day when patients who are suffering as a result of a debilitating disease, illness or condition will have a great quality of life as a result of having access to medicinal cannabis products that were developed as a result of Australian research. I know that there are many who feel the same way.

Australia, with our outstanding scientists and high-class clinical trials, is now poised to be a world leader in the use of medicinal cannabis. I commend this bill to the House.

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