Katy Gallagher (ACT, Australian Labor Party) Share this | Hansard source

I rise to give the opposition's support to the Narcotic Drugs Amendment Bill 2016. Access to medical cannabis is governed by a complex set of state and Commonwealth laws, regulations and international treaty obligations. The Single Convention on Narcotic Drugs, 1961 stipulates that the illicit use of narcotic drugs must be tightly regulated. The rescheduling of cannabis under the poisons act is another critical step to making medical cannabis available. This is not dealt with by this bill.

This bill is in line with Labor policy, which is to work with state and territory governments to allow the licit access to medical cannabis, maintain Commonwealth regulation of medical cannabis and improve the scientific research of the drug. Labor's approach is driven by science and compassion. Australian Labor are committed to the approvals of therapeutic goods based on scientific evidence. We also recognise the very human need of thousands of Australians for access to medicine. Right now, families who are accessing medical cannabis products on the black market are at risk of being arrested and convicted. Unable to determine the exact ingredients and the quality of the medicine they are taking, they are caught between the risk of criminal sanction and unreliable supply and knowing that their loved ones will suffer if something does not change. That is why Labor support access to medical cannabis. Our policy and our national platform clearly state our support for it.

The bill before us amends the Narcotic Drugs Act to permit the licensing of growers of medicinal cannabis in Australia and to provide for a 'fit and proper person' test to be applied to licensees by the Department of Health. There is broad public support for making cannabis products available for medical purposes. There is also broad support for our regulatory system, which ensures Australian medicines are safe. Currently, all therapeutic goods such as medicines and devices must be approved by the Therapeutic Goods Administration and listed on the Australian Register of Therapeutic Goods. Once listed on the ARTG, a product may then be considered for listing on the Pharmaceutical Benefits Scheme. In providing a licensing arrangement for medical cannabis products, the TGA regulatory system is left in place.

Three existing pathways are utilised to get medical cannabis to the patients who need it: by authorised prescribers, through the special access scheme and through clinical trials. An authorised prescriber can prescribe to their patients an otherwise unapproved medical product. They often have specialist knowledge of the drug or of a specific condition. The authorised prescriber must monitor the outcome of the therapy and report back to the TGA on their prescriptions. The special access scheme is another way in which people will access medical cannabis. Under the SAS, the patient's doctor, their regular GP, needs to apply to the TGA on a case-by-case basis. For these two pathways to occur, there really must be clear, nationally consistent clinical guidelines so that the products meet quality benchmarks and standards. Clinical trials also provide access to unapproved medicines. Trials are already underway in New South Wales, and the data collected by these will help researchers to better understand.

In this bill, two types of licences are created: an authorisation to cultivate cannabis for manufacture into medical cannabis products and an authorisation to cultivate cannabis for scientific research into the cannabis plant that is to be used for medical purposes. It is also proper that there be a 'fit and proper person' test and that anyone given a licence to produce medical cannabis fit the strict criteria of this test. There are strict and wide-ranging test criteria that will be applied to all licensees.

Australia has vast experience in managing controlled substances such as poppies. We have also learned from international experiences. Growers and manufacturers must be able to demonstrate their connection to the supply chain. The end product must be dispensed to the patient and still comply with the Therapeutic Goods Act 1989. This will have the effect of restricting the number of licensees. Strict security provisions will apply to licensees, ensuring the product is not diverted to illicit uses. Substantial penalties will apply for breaching licence conditions and for unauthorised activities. It is worth noting that the existing Criminal Code already captures offences such as cultivating cannabis without a licence.

I think we all agree in this place that no family should have to choose between getting their loved one the medicine they need and breaking the law. Where currently approved therapeutic goods cannot meet patients' needs, Labor is supportive of patients having access to medical cannabis therapies. But it will take some time for the system to come online. Medical cannabis will not be available tomorrow, as there is a lot more work to be done. But Labor is keen to see access to these drugs as soon as practical. Patients who are suffering from a terminal illness or other serious medical condition should be allowed access to safe, reliable and legal medicinal cannabis if prescribed by their doctor. This bill will put in place the supply chain arrangements that will allow the licit production of medical cannabis products, and we believe, if passed by the Senate, will enable the Victorian government to meet their election commitment to make medical cannabis available in early 2017 for particular patients.

Labor would also like to acknowledge the work of advocates who have campaigned for this change. We do acknowledge the government in introducing the legislation, although we note that there has been a substantial delay in getting the legislation to this point. Had the bill been introduced last year, there would have been more time for scrutiny and enhancement. I also acknowledge the Victorian government, which early last year committed to legalising access to medicinal cannabis for children with severe epilepsy. It is this tight deadline that has driven the debate and the speed at which the parliament addresses this bill. I would also like to acknowledge Labor colleagues in the New South Wales parliament who pushed for the parliamentary inquiry into the matter which led to reforms in that state. The New South Wales government have also vigorously pursued medical trials of cannabis and provided law enforcement by depenalising offences relating to possession and use for particular classes of people.

Only the Commonwealth government can ensure that there is a national scheme which ensures equity of access and a safe and reliable supply. This bill deals with supply by establishing a tightly controlled supply chain with multiple security measures. It also deals with demand by allowing the prescription of these medicines by a doctor through the Special Access Scheme, the Authorised Prescriber Scheme and medical trials. This is not about allowing free access to a drug for recreational use. It is about ensuring that there is a legal and regulated market so that family members and carers are not forced to rely on the black market to relieve the pain of their loved ones.

The government has not indicated how it intends to deal with the existing black market supply of illicit medical cannabis products. We acknowledge that work is currently underway by the TGA to reschedule cannabis so that, subject to the passage of this bill, cannabis based medicines may become legal in all states and territories by the legal Special Access Scheme and Authorised Prescriber Scheme. Labor seeks leadership from the government to ensure that a patchwork of medical cannabis licit-access arrangements does not emerge across the various states and territories. We encourage the government to ensure that this happens in a timely manner.

Further, Labor acknowledges that all drugs accessed using the Special Access Scheme and Authorised Prescriber Scheme are not eligible for PBS listing. We are concerned that these drugs will remain expensive, potentially prohibitively expensive, for some families. The Australian government should monitor this but also provide national leadership to ensure a fair approach to access to this medicine is achieved. I commend the bill to the Senate.