Public Health (Medicinal Cannabis) Bill 2016

Introduced: 10/5/2016By: Hon C R Dick MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill creates a legal pathway for seriously ill Queenslanders to be treated with medicinal cannabis, while keeping all other cannabis use illegal. Doctors can apply to Queensland Health for approval to prescribe medicinal cannabis to a specific patient, or, in future, prescribe as-of-right if they belong to a class of specialists listed in a regulation. Pharmacists need a dispensing approval to hand it out, and patients, carers and institutions have clear rules about how to store and use it.

Who it affects

Patients with conditions such as treatment-resistant epilepsy, multiple sclerosis, cancer and HIV/AIDS, along with their carers, doctors and pharmacists. Hospitals, schools, nursing homes and prisons caring for these patients also have new obligations.

Key changes

  • Doctors can apply for a one-year approval to prescribe medicinal cannabis to a named patient after getting their written consent
  • Specialist doctors listed in a future regulation can prescribe medicinal cannabis for certain patient groups without needing a separate approval for each person
  • Pharmacists need an approval to dispense medicinal cannabis, and carers can legally collect and administer it for the patient they look after
  • Hospitals, schools, nursing homes and prisons must have a written medicinal cannabis management plan if a patient in their care uses it
  • An expert advisory panel is set up to advise Queensland Health on which conditions and products should qualify
  • Unapproved cannabis use remains a criminal offence under the Drugs Misuse Act 1986, with up to 750 penalty units for regulated activities outside the new framework

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced10 May 2016View Hansard
First Reading10 May 2016View Hansard
Committee10 May 2016View Hansard

Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee

Committee Findings
Recommended passage

The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the Public Health (Medicinal Cannabis) Bill 2016 and recommended it be passed. The committee made three recommendations, including removing criminal history check provisions from the bill and prioritising investigation of options for cultivating and manufacturing medicinal cannabis in Queensland. The government supported all three recommendations.

Key findings (4)
  • The committee recommended removing criminal history check provisions (clauses 28-31), finding them unnecessary given the strict regulatory framework already in the bill
  • The committee encouraged the Queensland Government to prioritise obtaining a licence to cultivate and manufacture medicinal cannabis domestically
  • The government supported all three committee recommendations and proposed amendments during consideration in detail
  • Concerns were raised about the definition of 'carer' in the bill by the Queensland Nurses Union and Carers Australia Queensland
Recommendations (3)
  • The committee recommends that the Public Health (Medicinal Cannabis) Bill 2016 be passed.
  • The committee recommends that the Bill be amended to remove references to criminal history from clauses 10 and 11 and omit clauses 28 to 31, which provide for the chief executive to request a criminal history report about an applicant for an approval for medicinal cannabis or a patient.
  • The committee recommends that the Queensland Government, through the lead department - the Department of Agriculture and Fisheries, prioritise its investigation of options for obtaining a licence to cultivate and manufacture medicinal cannabis in Queensland.
AI-generated summary — may contain errors
Committee Report30 Sept 2016

Committee report tabled

Second Reading12 Oct 2016View Hansard
20 members spoke20 support
7.40 pmHon. CR DICKSupports

As Minister for Health, introduced and championed the bill as a groundbreaking reform providing a legal pathway for seriously ill patients to access medicinal cannabis, accepting the committee's recommendation to remove criminal history provisions.

I am proud as health minister to be progressing this groundbreaking reform. This bill will change the paradigm for seriously ill patients who often feel compelled to seek out illicit cannabis treatment options by enshrining in an act a legal and safe pathway through which to access medicinal cannabis treatment.2016-10-12View Hansard
8.06 pmMr LANGBROEKSupports

Announced LNP opposition support for the bill while raising concerns about duplication between state and Commonwealth approval processes and the need for a streamlined process.

Can I also say that the LNP opposition is supporting this bill.2016-10-12View Hansard
8.25 pmMs LINARDSupports

As committee chair, spoke in support of the bill establishing a regulatory framework for medicinal cannabis, acknowledging the minister's responsiveness to committee recommendations including removing criminal history checks.

I rise to speak in support of the Public Health (Medicinal Cannabis) Bill 2016. The purpose of the bill is to create a regulatory framework under which medicinal cannabis products may be prescribed and dispensed to patients in Queensland while preventing unauthorised use.2016-10-12View Hansard
8.42 pmMr McARDLESupports

As deputy chair of the committee, supported the bill's purpose and intent but raised significant concerns about duplication between state and TGA processes and sought further explanation from the minister.

There is no doubt that the LNP supports the purpose and intent of the bill, but there are issues that need to be dealt with. Duplication is one.2016-10-12View Hansard
8.57 pmMr HARPERSupports

Supported the bill drawing on personal experience as an intensive care paramedic and knowledge of constituents including a young epilepsy patient, seeing it as an exciting step forward for Queensland patients.

I am pleased to see Queensland leading the way in medical advances and evidence based research that will support the anticipated increase in demand for access to medicinal cannabis treatment.2016-10-12View Hansard
9.09 pmMr CRAMPSupports

As committee member, supported the bill and acknowledged bipartisan support, noting the groundswell of community support and highlighting the commercial cultivation opportunity for Queensland.

Overall, it is heartening to see bipartisan support for this bill and for an issue which has the potential to provide relief from pain and medical conditions for thousands of Queenslanders who desperately need it.2016-10-12View Hansard
9.16 pmHon. SJ MILESSupports

Strongly supported the bill as Minister for Environment, citing evidence of medicinal cannabis benefits for multiple conditions and lamenting only that it had not been done sooner.

I am proud to stand in support of this bill that will allow the delivery of medicinal cannabis to people suffering in Queensland... All I can say is that it is a shame we did not do it sooner.2016-10-12View Hansard
9.21 pmMr JANETZKISupports

Offered support for the bill while discussing the Barnes report evidence base, the need to address duplication, and the opportunity for a regulated Queensland industry.

The Public Health (Medicinal Cannabis) Bill 2016 strikes the appropriate balance, offering relief from suffering while also enacting the necessary safeguards for the regulated introduction of medicinal cannabis. I offer my support for the bill under consideration by the House.2016-10-12View Hansard
9.31 pmMr KELLYSupports

As a former health professional, moved from initial scepticism to support, commending the bill for making medicinal cannabis available for conditions with evidence of efficacy and facilitating further research.

As a health professional I would say that we should make this product available for the conditions where there is evidence that it works and make it available for research where the evidence is growing. The bill does that, and that is why I support it.2016-10-12View Hansard
9.44 pmMr POWELLSupports

Supported the bill, paying tribute to Maleny constituents Harold Hopper and Bill Price who advocated for medicinal cannabis access, noting LNP state council resolutions supporting medicinal cannabis trials.

I rise to support the Public Health (Medicinal Cannabis) Bill 2016.2016-10-12View Hansard
9.51 pmMs FARMERSupports

Briefly supported the bill, recalling a parent of a child with severe epileptic seizures who had asked her to be part of a government that would pass such legislation.

It is great to see Queensland leading Australia in providing this safe and timely access to medicinal cannabis products.2016-10-12View Hansard
9.54 pmMs SIMPSONSupports

Supported the bill as a carefully considered regulatory framework for therapeutic cannabis use, emphasising that it was not a 'grow your own dope' bill and would be reviewed after two years.

This is not a 'grow your own dope' bill for recreational users. It is about a carefully produced, consistent medicinal cannabis pathway for those who have a genuine need.2016-10-12View Hansard
9.59 pmMr MADDENSupports

Supported the bill, highlighting the potential benefits for a range of conditions and referencing two mothers of children with treatment resistant epilepsy who were watching the debate.

I rise to speak in support of the Public Health (Medicinal Cannabis) Bill 2016.2016-10-12View Hansard
10.06 pmDr ROWANSupports

As a medical specialist, offered support for the bill based on the scientific evidence for cannabinoids in treatment resistant epilepsy, multiple sclerosis, muscle spasticity, chronic pain and palliative care.

On the balance of probabilities and the current available information, I offer my support for the Public Health (Medicinal Cannabis) Bill 2016.2016-10-12View Hansard
10.12 pmHon. G GRACESupports

Strongly supported the bill as Minister, noting her long-standing support for medicinal cannabis and the responsibility of lawmakers to help patients with chronic conditions.

I have long supported the legal use of medicinal cannabis where clinically appropriate. It is something that I feel very passionate about.2016-10-12View Hansard
10.15 pmMr ELMESSupports

Supported the bill on compassionate grounds, framing it as a humane act and suggesting exploration of medicinal cannabis should precede debates on euthanasia.

To legislate and to legalise medicinal cannabis is an act of compassion. It is humane and it is a prudent step in our collective journey toward the end of life.2016-10-12View Hansard
10.19 pmMs HOWARDSupports

Supported the bill as providing a more comprehensive regulatory framework for medicinal cannabis access for suffering Queenslanders, noting potential revenue and job opportunities.

I rise tonight to speak in support of the Public Health (Medicinal Cannabis) Bill 2016.2016-10-12View Hansard
10.24 pmMr DICKSONSupports

Strongly supported the bill as a long-time advocate, urging the minister to commit to Queensland-grown whole plant medicinal cannabis and prioritising timely patient access over cultivation investigation.

This may well be the most important bill we see before this House this year.2016-10-12View Hansard
10.35 pmHon. LE DONALDSONSupports

Supported the bill as Minister for Agriculture and Fisheries, emphasising government support for a local cultivation industry and the roundtables held across Queensland.

I rise to speak in support of the Public Health (Medicinal Cannabis) Bill 2016.2016-10-12View Hansard
10.39 pmHon. SM FENTIMANSupports

Proudly supported the bill as Minister, sharing the story of the Carter family from Logan whose son Lindsay was treated with cannabis therapies overseas for seizures caused by an inoperable brain tumour.

I rise to proudly support the Public Health (Medicinal Cannabis) Bill 2016. This bill demonstrates that Queensland is leading the way in Australia when it comes to unlocking the therapeutic and medicinal properties of cannabis.2016-10-12View Hansard
In Detail12 Oct 2016View Hansard
Government amendmentPassed

Amendments Nos 1-5 to clause 10 removing the chief executive's ability to consider a person's criminal history when determining suitability to hold a medicinal cannabis approval, and renumbering the clause accordingly.

Moved by Mr DICK
Government amendmentPassed

Amendments Nos 6-9 to clause 11 removing references to criminal history checks for patients undergoing medicinal cannabis treatment and renumbering the clause accordingly.

Moved by Mr DICK
Government amendmentPassed

Amendment No. 10 omitting clauses 28 to 31 of the bill, which provided for the chief executive to request criminal history reports about applicants or patients.

Moved by Mr DICK
Government amendmentPassed

Amendment No. 11 to clause 217 (regulation-making power) omitting the words 'criminal history checks and' consistent with the other amendments removing criminal history provisions.

Moved by Mr DICK
Government amendmentPassed

Amendment No. 12 to Schedule 1 (Dictionary) omitting definitions related to criminal history, consistent with the other amendments removing criminal history provisions.

Moved by Mr DICK
Third Reading12 Oct 2016View Hansard
Royal Assent20 Oct 2016

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards