Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Attorney-General, Senator Ludwig. Given that the Western Australian government has already moved to ban synthetic marijuana products but they are still being sold legally in all other states of Australia, what is the federal government proposing to do to ensure that this legal weed, which is being sprayed with a synthetic chemical that makes it have the same hallucinogenic effect as illegal cannabis, is banned in all states? Does the government think we should continue to make such products, which are designed to manipulate people's minds, freely available for purchase over the counter?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Fielding for what, as I understand it, is his last question. I thank him for the many questions he has asked in the chamber. I thank him for his interest in law and order and, in particular, the domestic control on synthetic cannabinoids.

On 17 June, as I think he is aware, Western Australia listed seven synthetic cannabinoids as banned substances under the WA Poisons Act. WA will subsequently complement this action by making changes to the WA Misuse of Drugs Act. On 16 June 2011 the Queensland government announced that it will be moving—

Honourable Senators:

Honourable senators interjecting—

John Hogg (President) Share this | Link to this | Hansard source

Order! Senator Fielding is entitled to hear the answer.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

On 16 June 2011 the Queensland government announced that it will be moving to ban synthetic cannabinoids under the Queensland Drugs Misuse Act. Fifteen emerging drugs will be captured under this change. Although there have been reports in other states, I understand that work is progressing in relation to these. Under the various state legislations it is a requirement that they deal with this under their similar drug misuse legislation in various places. In the National Drug Strategy of the Commonwealth we have a significant interest in working to tackle illicit drug issues through this portfolio. They have provided $350 million. Australia has seen a decline in the level of use of illicit drugs—particularly cannabis, methamphetamine and heroin—over the last 10 years. (Time expired)

Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Given that toxicologists have warned that synthetic marijuana products may cause dangerous side-effects such as seizures, high blood pressure disorders, nausea and vomiting, and given that the Australian Medical Association has reported people being admitted to emergency departments suffering from the symptoms after using these products, will the federal government follow the lead of the Western Australian and Queensland governments and use any federal powers, including corporations powers, to ban these products once and for all?

Honourable Senators:

Honourable senators interjecting—

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

As I indicated, the Commonwealth, state and territory authorities—

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, on a point of order: I found—

John Hogg (President) Share this | Link to this | Hansard source

Just a moment, Senator Brown.

Honourable senators interjecting—

Senator Brown has a point of order and he is on his feet. He is entitled to raise the point of order in silence.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I found that comment on the honourable senator in his last question offensive. I ask that he withdraw it. If you did not hear it, could you look at it—

John Hogg (President) Share this | Link to this | Hansard source

There is no point of order. I did not hear any comment whatsoever, let me assure you, from up here.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

Can I turn to the fake cannabis issue? Commonwealth and state regulatory authorities are concerned about products which are reported to have the same effect as the illegal drug. The ingredients in these products are often not disclosed and their health effects are unknown. I implore people who are considering using them not to do so because of the unrelated health impacts. States can immediately ban such substances, as I indicated in answer to the primary question, under their own drugs and poisons legislation, and WA has moved that way. The Commonwealth is currently considering a request to prohibit a number of synthetic cannabinoids such as Kronic. This is independent of government and is based on intelligence and information available to the delegate. It is important to note that these scheduling decisions are recommendations to the jurisdictions so we can schedule and make those recommendations. The enforcement of restrictions will remain with the states. (Time expired)

Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Given that there is some urgency and that these synthetic illegal type drugs have some dangerous side-effects, will the minister call an urgent meeting of all state attorneys-general to call for an immediate ban of these synthetic drugs across all states to reassert the government's anti-drug policy?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

The Commonwealth, state and territory authorities remain concerned about not just one product but multiple products which purport to have the same effect as illegal drugs. The Commonwealth is currently considering a request to prohibit a number of synthetic cannabinoids such as Kronic. This is independent of government and is based on evidence and information that is available. It is important to note that the scheduling decision puts it in the area where the states can act and the enforcement restrictions will remain with the states and territories. Within the health portfolio, unlike the primary question which is directed to the AG's portfolio, the health area is currently working with the Commonwealth, states and territories to ensure these matters can be scheduled so that they can be picked up by the various states and territories and put in the illegal list. (Time expired)