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Cannabis is largely illegal in Australia, but the rules differ from state to state. Australia federally legalised medicinal cannabis in , and Australia's cannabis market has seen major growth since then. Medical cannabis approvals were up by percent in the first half of compared to the same period in Despite there being a strong case for a regulated market, which was outlined in a July report by the Penington Institute, recreational use is not legal and medical access remains limited and regulated. Yet, public support for legalisation is growing. YouGov data released in January showed that over half of Australians polled are in favour of decriminalising cannabis, and half of the respondents between the ages of 18 and 49 support legalising personal use. The legislation proposes that all citizens above the age of 18 can grow up to six plants per household and share homegrown cannabis products with others. Additionally, it proposes allowing individuals to possess up to 50 grams of cannabis. The bill was amended based on a survey and expert feedback to address concerns related to underage buying and consumption, as well as quality, packaging and labelling of cannabis and its products. The Senate Legal and Constitutional Affairs Committee began an inquiry into the Legalising Cannabis Bill on September 14, , and released its report on May 31, , in which the committee recommended that the Senate not pass the bill. As for the medical side, medical cannabis patients have access to various forms of the drug, including flower, oils and tinctures. Patients who want access to medicinal cannabis must go through special pathways , and doctors who want to prescribe medicinal cannabis have to apply to do so. At the state and territory level, the situation is more complex as each area of Australia has different rules that must be followed. Guide to cannabis in Australia: New South Wales Use, supply and possession of cannabis is illegal in New South Wales NSW , but first-time offenders with less than 15 grams on hand may only be issued a caution. Up to two cautions can be received; they often come with a referral for drug-related information. However, any doctor can prescribe medicinal cannabis if it is determined an appropriate treatment and the doctor has the approvals required to do so. The four-day summit is scheduled to take place later this year , with two days of forums held in regional towns in November and meetings in Sydney on December 4 and 5. The views and opinions of health experts, advocates and users have been submitted to the inquiry as of June, and the inquiry will report its findings before the summit. Buckingham has also called on the NSW government to investigate a defence for unimpaired drivers who use medical cannabis. Victoria was the first state to legalise medical marijuana use , and young children living with epilepsy were the first to gain access. Medical cannabis can be prescribed by any physician to a patient with any medical condition if the physician believes it is clinically appropriate and has obtained the necessary approval from the relevant regulatory body. Recreational cannabis possession and use is a criminal offence in Victoria , but similar to New South Wales, those caught with a first offence of 50 grams or less are typically given a caution and directions to attend drug counselling. Last year, a Legalise Cannabis MP put forward a private member's bill for personal use cannabis reform. The bill was discussed in an upper house debate in December, with opponents citing the risk of abuse and need to protect young and Indigenous Australians and supporters arguing that prohibition causes more harm. While it did not receive government support, the current Labor Party of Victoria has expressed a willingness to explore reformation. On May 20, the government announced the launch of a closed-circuit trial in partnership with Swinburne University to assess driving abilities of medical cannabis users. Under the current law, drivers found with any trace of THC in their saliva face a mandatory licence suspension and fines, even though THC is detectable for several hours after ingestion. The trial was scheduled to begin in September and last 18 months. Advocates were disappointed that it will not finish in as previously promised, with the completion expected in late In Queensland, growing cannabis and recreational use are illegal under four different acts. Under the Drugs Misuse Act , unlawful possession, supply, production and trafficking have maximum penalties of up to 20 years imprisonment, depending on circumstances such as how much cannabis is involved. Medicinal use is less frowned upon in Queensland as any registered medical practitioner in the state can prescribe medicinal cannabis if clinically appropriate. Previously, the medical practitioner must have obtained Commonwealth approval in most circumstances; however, after new legislation changes in June , any Queensland doctor can prescribe Schedule 4 CBD or Schedule 8 THC or CBD oil products without formal approval from state health authorities. Medicinal cannabis can be administered via vapour, capsules, sprays or tinctures — smoking cannabis is not allowed in Queensland. Advertising medicinal cannabis is restricted to the medical, wholesale and pharmaceutical professions only. A petition was also posted by Greens MP Michael Berkman to call on the government to make Queensland the first state to fully legalise cannabis. It has a target of signatures, and signatures have been collected as of October 10, Cannabis flower, cannabis oil and cannabis resin are all illegal to keep, use, grow, sell or give away in South Australia. Possession for personal use can be penalised with an expiation, which is a fine without a criminal conviction. Those looking for medical cannabis products can obtain them via prescription from an authorised medical practitioner in the region. Approval under South Australian Controlled Substances legislation is also often required, although there are exemptions for elderly and terminal patients. Despite South Australia having the most supporters for legalisation, reformation attempts have been unsuccessful. In September, a joint committee including members from several parties, including Franks, put forward an interim report with 13 unanimous recommendations. Among them was a call to reform zero tolerance roadside drug-testing laws to protect medicinal cannabis users in the state. A spokesperson of the government said that the recommendations would be considered in 'due course,' and that 'the government is open-minded to further improvements while ensuring road safety outcomes are maintained and any action taken is informed by research. Possession of 10 grams or less can lead to a cannabis intervention requirement CIR. This means the individual can attend a cannabis intervention session instead of facing a criminal conviction. If the person is 18 or older, they may receive only one CIR; however, those younger can receive two. Penalties are more severe for possession of over grams. Medicinal cannabis is available via prescription from any doctor in WA providing they have the required government approval. Prescriptions can be dispensed at any pharmacy. The first would allow Western Australians to possess up to 50 grams of cannabis and to grow up to six plants per household. The Bill was introduced on March 21, , with a debate held on June However, the bill was rejected. The second bill called for a referendum question on the subject to be included on the state election ballot in March On September 12, Dr. Prior to July 1, , obtaining medicinal cannabis was fairly complicated in Tasmania — patients had to be referred to a specialist by their general practitioner, and then the specialist would make a decision. Generally cannabis would only be provided by specialists in limited circumstances once conventional treatment had been unsuccessful. Now general practitioners can fill out prescriptions if they believe it is clinically appropriate and if they have both Commonwealth and state approval to do so. Trafficking an amount of 25 grams of oil or 1 kilogram of plant material carries a serious imprisonment term of up to 21 years. However, police may issue up to three warnings for possession of less than 50 grams. Cannabis is largely decriminalised in the Northern Territory NT , but possession of a small quantity in a public place still carries an imprisonment penalty. The penalty for cultivating, even small amounts of less than five plants, is penalty units or two years imprisonment. The first NT medicinal cannabis patient to fill a script did so in November , but uptake has been slow since then and the NT has a low number of users. Schedule 8 medicinal cannabis medicines are regulated in the same way as other Schedule 8 medicines such as morphine and oxycodone in the Northern Territory. The government said that there is no need for a prescriber to obtain an authorization prior to prescribing medicinal cannabis for a particular patient, but that they are required to notify the Chief Health Officer should the patient need to receive the medicine for more than two months due to the treatment being successful. Products containing CBD are Schedule 4, and as such can be prescribed and continued without need for notification. In September , the Australian Capital Territory ACT passed a bill to legalise the possession of small amounts of cannabis for personal use as of January 31, , if the possessor is 18 years of age or older. ACT residents who are over 18 can carry up to 50 grams of dry cannabis, or grams of wet material, and can grow as many as two plants per person or four per household. Exceeding limits precipitates a fine, not criminal charges. Plants must also be grown outdoors only, leaving them open to theft. Medicinal cannabis is available for ACT patients with a number of conditions on a case-by-case basis. This is an updated version of an article first published by the Investing News Network in Securities Disclosure: I, Meagen Seatter, hold no direct investment interest in any company mentioned in this article. Securities Disclosure: I, Gabrielle de la Cruz , hold no direct investment interest in any company mentioned in this article. Meagen moved to Vancouver in after splitting her time between Australia and Southeast Asia for three years. She worked simultaneously as a freelancer and childcare provider before landing her role as an Investment Market Content Specialist at the Investing News Network. Meagen has studied marketing, developmental and cognitive psychology and anthropology, and honed her craft of writing at Langara College. She is currently pursuing a degree in psychology and linguistics. Meagen loves writing about the life science, cannabis, tech and psychedelics markets. In her free time, she enjoys gardening, cooking, traveling, doing anything outdoors and reading. Gabbie graduated with a journalism degree from Colegio de San Juan de Letran - Manila and has produced articles on a variety of topics, such as infrastructure, business and technology. Her creative portfolio includes written work on architecture, art and design. Gabbie covers the Australian market for the Investing News Network, focusing on the mining sector. When not in front of her desk, she is out scanning through vinyl records, exploring the international coffee culture and fighting for queer rights. Investing News Network websites or approved third-party tools use cookies. Please refer to the cookie policy for collected data, privacy and GDPR compliance. By continuing to browse the site, you agree to our use of cookies. Investment Market Content Specialist. Learn about our editorial policies. North America. Press Releases. Top Stocks. Top Resource Stocks. Private Placements. Trending Articles. Updated Uranium Stocks: 5 Biggest Companies in Trump vs. What Was the Highest Price for Gold? What Was the Highest Price for Silver? Trending Press Releases. Brixton Metals Drills 8. More Press Releases. Trending Companies. More Companies. Trending Reports. Rare Earths Outlook Report. More Outlook Reports. Energy Uranium Oil and Gas. Critical Metals Rare Earths. Gems Diamonds. Industrial Metals. Life Science. Gold Price. Silver Price. Copper Price. Oil Price. Artificial Intelligence. Guide to cannabis in Australia: Victoria Victoria was the first state to legalise medical marijuana use , and young children living with epilepsy were the first to gain access. Guide to cannabis in Australia: Queensland In Queensland, growing cannabis and recreational use are illegal under four different acts. Guide to cannabis in Australia: South Australia Cannabis flower, cannabis oil and cannabis resin are all illegal to keep, use, grow, sell or give away in South Australia. Guide to cannabis in Australia: Tasmania Prior to July 1, , obtaining medicinal cannabis was fairly complicated in Tasmania — patients had to be referred to a specialist by their general practitioner, and then the specialist would make a decision. Guide to cannabis in Australia: Northern Territory Cannabis is largely decriminalised in the Northern Territory NT , but possession of a small quantity in a public place still carries an imprisonment penalty. Guide to cannabis in Australia: Australian Capital Territory In September , the Australian Capital Territory ACT passed a bill to legalise the possession of small amounts of cannabis for personal use as of January 31, , if the possessor is 18 years of age or older. Gabrielle De La Cruz Writer. Latest News. More News. Full Bio Follow.
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In circumstances where patients need access to therapeutic goods that are not included in the ARTG, a Therapeutic Goods Administration TGA approval is required in order for the medicine to be prescribed. In Queensland, any medical practitioner or nurse practitioner can prescribe medicinal cannabis for any patient with any condition if they believe it is clinically appropriate and, for unapproved medicinal cannabis products, they have obtained the required TGA approval. The Medicines and Poisons Medicines Regulation describes the requirements for prescribing and dispensing S4 and S8 medicines. To find out more, read the report on stakeholder feedback, Medicinal cannabis in Queensland — A report on stakeholder feedback — July PDF kB. When making an application to the TGA, prescribers will need to reference clinical evidence that supports using the specific type of medicinal cannabis product proposed e. More research is being done on the uses of medicinal cannabis. The scientific evidence base is limited but suggests that medicinal cannabis may be suitable for:. Prescribers may apply for other conditions; however, clinical evidence will need to be supplied with an application for this to be considered. There is no evidence that medicinal cannabis is an effective treatment for cancer. However, the Service is also available if:. However, there are mechanisms available for access to medicines that are not registered on the ARTG. As most medicinal cannabis products are currently unregistered medicines, access to these products is through the Commonwealth Special Access or Authorised Prescriber Schemes or through a Clinical Trial. Prescribers can apply to prescribe both plant-based products and synthetic products when used for a therapeutic purpose, including:. To assist prescribers who are prescribing medicinal cannabis products, the TGA has published a list of products by ingredients, dosage form, quantity per dosage unit, and sponsor. These lists should be used where TGA approval has been obtained and the prescriber requires assistance in choosing a product from the correct category. Medical practitioners and nurse practitioners seeking approval to prescribe medicinal cannabis products that are not registered on the ARTG to a Queensland patient will do so via the TGA's Online System. The Queensland Government is now in caretaker mode until after the state election. Learn more. Menu Close. Public health and wellbeing. Clinical practice Clinical practice. Clinical practice. Health system and governance. Careers Careers. Research and reports. Newsroom Newsroom. Contact us. Medicinal cannabis Medicinal cannabis Patient information for accessing medicinal cannabis Prescribing medicinal cannabis Guide for pharmacists dispensing medicinal cannabis Clinical trials and other research Regulation and control. Prescribing medicinal cannabis. The TGA manages and enables access to: Special Access Scheme SAS Authorised Prescriber Scheme AP In Queensland, any medical practitioner or nurse practitioner can prescribe medicinal cannabis for any patient with any condition if they believe it is clinically appropriate and, for unapproved medicinal cannabis products, they have obtained the required TGA approval. Guidance and regulations In conjunction with the Commonwealth Department of Health and Aged Care, state and territory health departments and universities, guidance documents have been prepared on the use of medicinal cannabis in Australia. This suite of national guidance documents cover a range of medical conditions, symptoms, and products to be used. The individual documents can be viewed on the TGA's website. The Medicines and Poisons Act and Medicines and Poisons Medicines Regulation outline specific requirements for dealing with regulated substances, including medicinal cannabis, review the legislation for more information. Clinical evidence When making an application to the TGA, prescribers will need to reference clinical evidence that supports using the specific type of medicinal cannabis product proposed e. The scientific evidence base is limited but suggests that medicinal cannabis may be suitable for: severe muscular spasms and other symptoms of multiple sclerosis chemotherapy-induced nausea and vomiting some types of epilepsy with severe seizures palliative care cachexia, nausea and vomiting, pain some forms of chronic non-cancer pain. Prescribers should not: consider medicinal cannabis as an alternative treatment for cancer. Your legal obligations As a prescriber, you must: adhere to all conditions as detailed in any TGA import licence or permit, if you are the importing party comply with any conditions imposed on a TGA approval relating to the medicinal cannabis product s being used, including obtaining informed consent in writing from the patient or the person with the legal authority to consent to the treatment on behalf of the patient in relation to the proposed use of the specified medicine comply with the Departmental standard — monitored medicines PDF kB when prescribing S8 medicinal cannabis products for dispensing or giving a treatment dose comply with the requirement to check QScript prior to prescribing or giving a treatment dose of a monitored medicine, including S8 medicinal cannabis report any adverse events, adverse reactions, serious adverse reactions and unexpected reactions to the TGA. Read more about Prescribing and dispensing unapproved medicinal cannabis PDF kB Find a product Prescribers can apply to prescribe both plant-based products and synthetic products when used for a therapeutic purpose, including: tinctures: plant material infused in oil or alcohol vapour: dried plant material or concentrated cannabis extract is heated in a vaporiser capsules or sprays: generally, oil-based capsules taken orally pharmaceutical products such as nabiximols. Smoking in general is harmful, smoking of cannabis products is not supported. Sativex is a Schedule 8 medicine and is a plant-derived product. As an approved product, prescribers can prescribe Sativex without requiring an approval from the Queensland Health or the TGA. Epidyolex is a Schedule 4 medicine used as an adjunct therapy in the treatment of severe forms of epilepsy. How to make an application Medical practitioners and nurse practitioners seeking approval to prescribe medicinal cannabis products that are not registered on the ARTG to a Queensland patient will do so via the TGA's Online System. There is no requirement for a Queensland approval to prescribe S8 or S4 medicinal cannabis. Last updated: 9 October Back to top.
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