Melissa Parke (Fremantle, Australian Labor Party, Shadow Assistant Minister for Health) Share this | Hansard source

As co-convenor of the Parliamentary Group for Drug Policy and Law Reform, I am very pleased to have the opportunity to speak on the Narcotic Drugs Amendment Bill 2016, which will allow for the growing of cannabis for medicinal or scientific purposes. This bill is the first step of many along the path to sensible and significant reform in this area, and it is due in no small part to the tireless advocacy and work of a number of people. I particularly want to pay tribute to Lucy Haslam and her son Daniel, who did so much to raise political consciousness at state and federal levels about this issue that affects so many people in the Australian community. For many Australians suffering chronic pain, seizures or nausea, cannabis is the only substance that can provide them with any relief, and yet currently these Australians and their loved ones must act illegally to obtain that relief. That is an absurd state of affairs, as reflected in the extremely high level of public support for Australian governments to take action to make medicinal cannabis legally available. This bill begins that process.

The bill will allow for the cultivation and manufacture of cannabis for medicinal or scientific purposes, and there will be countless patients, carers, medical practitioners and industry stakeholders, along with many in the wider community, who will be elated by this bill—a law that shows the government has finally caught up with both the public health science and the legitimate needs of the wider community. But the bill does not legalise the sale, possession or use of cannabis without an application for special access from the Therapeutic Goods Administration, the authorised prescriber scheme, or as a part of an approved clinical trial.

Applications to the TGA for special access by individuals have in the past been difficult as the growing, processing and distribution of the drug has not been permitted through an appropriately regulated framework. This has meant that the pharmaceutical standard and quality is uncertain, and of course it has often necessitated the acquisition of cannabis in a way that makes life more difficult for people already facing grave health issues.

The development of a single national system for the growth and distribution of cannabis is a significant reform, but it is essential for the national government to work cooperatively and quickly with states and territories to amend local laws to reintroduce the lawful use of medicinal cannabis to ensure there are no barriers to access. After 50 years of prohibition, such a move will unquestionably improve the lives of thousands of people who suffer from painful and chronic conditions and, in so doing, will make life easier for their families and carers by allowing them to access safe, reliable and legal medicinal cannabis.

The legalisation of medicinal cannabis will also require the TGA to reschedule cannabis from a schedule 9, prohibited substance, to schedule 8, controlled drugs, which will enable doctors to prescribe the drug to patients. It would also require Australia to ensure that the provision of cannabis does not breach Australia's international drug treaty obligations. It is clear that there needs to be a nationwide approach, with an independent regulator to ensure that patients who are suffering have timely access to this lifesaving drug, regardless of where they live.

Of course, the finer details will need to be negotiated. This includes identifying and resolving issues with the supply chain. Pharmacies should have the ability to store and distribute the drug to patients with prescriptions. The idea that hospitals themselves should store and dispense cannabis is not a practical option and could see patients turning to an unregulated source for the drug. As the legislation will ensure that there is an appropriate supply chain from which there is little risk of diversion, it seems an unnecessary step. I also have some concerns over the assessment for applications for licences. It is essential that in its endeavour to find 'fit and proper persons' it does not discriminate unnecessarily, particularly in relation those who may have committed a minor crime or who may not have any previous business experience but would be suitable to produce this medicinal plant.

An agreement regarding the movement of the drug by a person between states and territories needs to be negotiated to ensure that a person who has been prescribed in a participating state or territory can continue to use the medication while in another part of the country. In addition, the drug driving laws remain of concern, as I understand there are no current plans to consider amending laws to ensure that those taking medicinal cannabis lawfully are not impacted. I am in no way condoning driving under the influence of drugs, and those taking the drug would need to ensure that they adhere to medical advice regarding operating heavy machinery, as per any other drug; however, those who are using the drug safely and who may still have the drug in their blood system after a safe amount of time should not be penalised.

Further clinical trials are needed to attain a clear understanding about which health ailments will benefit from medicinal cannabis; however, we have already gained a wealth of data that confirms the therapeutic potential of the drug for a number of health issues. Cannabis has been shown to work as an analgesic for chronic neuropathic pain, as an appetite stimulant and antiemetic—to prevent nausea and vomiting after chemotherapy—and for debilitating diseases such as cancer and AIDS. Cannabis also assists in providing relief from the debilitating symptoms that are derived from physical ailments such as multiple sclerosis, spinal cord injuries, chronic pain, intestinal dysfunction, and Tourette syndrome. Co-medication has shown that in some cases medicinal cannabis works to enhance the effect of the other drug and/or to reduce the side effects.

Studies have also suggested that the use of medicinal cannabis has reduced the deaths from other drugs, specifically opiates. A study that was published in the peer-reviewed American Medical Association's journal of internal medicine, JAMA, suggests that cannabis use may reduce deaths from opiates by up to 25 per cent.

The common claim that it is a 'gateway drug' is incorrect and has been disproved by reputable analysis, including by the National Academy of Sciences, which stated in 1999 that 'there is no evidence that marijuana serves as a stepping stone on the basis of its particular drug effect'. More recently, in 2013, the Canadian Senate's Special Committee on Illegal Drugs argued that, 'Cannabis itself is not a cause of other drug use. In this sense, we reject the gateway theory.'

The community-wide effort to see a positive change and progress in this area has been significant. The reform we debate here has been hard won in the long-running, harmful, and misconceived war on drugs. This war began in the early 20th century in the US under the influence of the first commissioner of the Federal Bureau of Narcotics, Harry Anslinger, who institutionalised his own fears. While the majority of countries continue to take an approach of punishment based on prohibition, a number of countries have now focused on harm reduction. Liberalising measures have been successfully implemented in Switzerland, Uruguay, Portugal, Israel and the Netherlands and in the US states of Colorado and Washington. As Johann Hari argues in his book Chasing the Scream:

The drug war is not what our politicians have sold it as for one hundred years and counting. And there is a very different story out there waiting for us when we are ready to hear it—one that should leave us thrumming with hope.

I would like to take this opportunity to further acknowledge Lucy Haslam, a former nurse, and her husband, Lou, a former drug squad officer, who were forced to source cannabis illegally to relieve their son Daniel's pain. Dan unfortunately passed away from cancer a year ago tomorrow. Impatient with the lack of reform in this area, right up until his death Daniel and his mother and father campaigned tirelessly for medicinal cannabis reform, lobbying at all levels of government, and even applying for a New South Wales government exemption to cultivate the drug so that Lucy and a team in Tamworth could grow and supply cannabis to those who need it.

I recently had the honour of meeting Ben Oakley, along with his father, Michael, and mother, Caroline. This courageous and driven 20-year-old has the one-in-a-million condition Stiff Person Syndrome. After consuming cannabis oil, the quality of life that Ben experiences has improved significantly. On 10 February when he visited parliament, he said to the media:

... we need to get this legalised, help people out there who need it so badly. Unfortunately, we've lost so many already because cannabis oil hasn't been legalised … We have to do this; I don't know what I would be like without being on the oil. It has changed my life. So it has to change and we aren't going to stop until it's done.

Progress in this space by all levels of government is essential so that the likes of the Haslams and the Oakleys will no longer need be considered criminals for trying to help loved ones who are suffering.

I want to acknowledge Professor David Penington AC, one of Australia's leading public intellectuals and health experts, and Dr David Caldicott, toxicologist, ANU College of Medicine, Biology and Environment who have been strong advocates for promoting the benefits of medicinal cannabis and dispelling any myths or concerns.

I want to acknowledge the Parliamentary Group for Drug Policy and Law Reform co-conveners Dr Richard Di Natale and Dr Sharman Stone. The work that Richard and his office have done in particular has led the way to reform. I would also like to acknowledge Dr Alex Wodak for his constant efforts in relation to the misconceptions about drugs and in particular the disadvantages and dangers of the war on drugs versus taking a health treatment approach.

I welcome and recognise the efforts of the shadow minister for health, the Hon. Catherine King, and the shadow assistant minister for health, Stephen Jones, as well as the efforts of the Minister for Health, Sussan Ley, in committing to swift reform. Lastly and most importantly, I want acknowledge all the advocates who have seen their community-wide effort influence policymakers.

This bill is an important and significant public health policy outcome, yet there is still a way to go before we see medicinal cannabis being legally used throughout Australia by those who need it. I urge the federal government to continue to work with states and territories to decriminalise the possession of medicinal cannabis products and to develop a strong and effective national scheme. I also encourage the government to create an independent advisory panel to oversee the implementation of the legislation, with members having experience in the fields of medicine, pharmacology, palliative care, botany, horticulture, law and enforcement and advocacy for patients and other users of medical cannabis.

A serious conversation around broader drug reform to focus on drug use as a health issue and not the criminal aspect is long overdue. I encourage colleagues to attend the parliamentary drug summit on 2 March in 2S3 from 10 am to 1.45pm which is being hosted by the Parliamentary Group for Drug Policy and Law Reform. The summit will hear from special guests, New Zealand Associate Minister of Health, the Hon. Peter Dunne, and Co-director of the RAND Drug Policy Research Center in the US, Mr Beau Kilmer.

To conclude, I urge the fast passage of this bill through both Houses to begin the process of ensuring that people can get the relief they have been desperately asking for. We can no longer deny them this right, particularly when the science is on their side.

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