Senate debates

Thursday, 17 June 2021

Bills

Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021; Second Reading

1:00 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

I rise today to speak on the Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021. This bill implements a select number of the recommendations from the review of the medicinal cannabis scheme undertaken by Professor John McMillan in 2019. It makes a number of administrative changes to the licensing scheme and application process for medicinal cannabis suppliers. It will introduce a single licence for the cultivation, production and manufacture of and research into medicinal cannabis. This bill creates a perpetual licence and periodic permit structure for most activities for which a medicinal cannabis licence is required. This should reduce the administrative burden on the industry, but it's unclear whether these benefits will result in better processing times and reduced costs for patients.

This bill also provides that assessments relating to supply chains are to be undertaken later in the application process, at the permit stage instead of the licence stage. This is a positive change as it's difficult for medicinal cannabis suppliers to identify supply chains at the start of their licence application process when their business is still developing. It makes sense for the department to evaluate supply chains later in the application process, at the time when permits are being sought.

The Greens do support this bill. These changes will improve the application times and reduce the regulatory burden on the applicants and licensees. In theory, reducing the burden on industry will result in lower-priced medicinal cannabis drugs. But will the regulatory cost for industry really be reduced to such an extent that the benefits will flow through to Australian patients? Will this bill really result in expanded medicinal cannabis supply pathways? This, of course, remains to be seen, and we'll be watching it closely.

The government claims this bill reaffirms their commitment to make available to patients a safe, legal and sustainable supply of cannabis-derived medicines. However, it's clear from my discussions with stakeholders that this bill does little to meaningfully improve patient access to medicinal cannabis. The government needs to take further practical steps to ensure more affordable, accessible local products are available for Australian patients.

Medicinal cannabis is an important drug used to treat or alleviate many health conditions and circumstances, including epilepsy, multiple sclerosis, chronic pain and chemotherapy-induced nausea, and in palliative care. Yet, most Australians who need access to medicinal cannabis have no choice but to access it through the black market, as the committee inquiry last year heard. Researchers predict that over 600,000 Australians are using cannabis for medicinal reasons, but the vast majority are forced to source medicinal cannabis illegally.

The Senate Community Affairs References Committee inquiry into current barriers to patient access to medicinal cannabis in Australia reported in March last year. During this inquiry, we heard from patients across the country who had been unable to access the medicinal cannabis treatment that they needed due to regulatory barriers and enormous cost. Cost is a hugely prohibitive factor for patients needing access to medicinal cannabis. It is completely unacceptable that people can be thousands of dollars out of pocket—that's what we heard: thousands of dollars—trying to access legal medicinal cannabis products through the regulated system, when the black market is far cheaper.

Doctors are interested in prescribing medicinal cannabis, but they say they don't have the skills or knowledge required. There is no streamlined program for delivering education in this area. Doctors shouldn't be turning patients away because of the complexities of prescribing medicinal cannabis and their lack of training in how to prescribe and use medicinal cannabis.

Nothing has progressed to meaningfully improve patient access to medicinal cannabis since the Senate inquiry reported last year. When the government handed down its response to the Senate inquiry, I was very disappointed to see that they did not accept some of the key recommendations, including recommendation 5, which stated that if the TGA failed to address barriers to regulation, then a new independent regulator should be considered. It's clear that we haven't fixed the issues around regulation yet.

Again, I'm calling on the government to fix these issues around regulation or to put in place an independent regulator immediately. Patients are sick of waiting and they shouldn't be kept waiting any longer. Ignorance and, I have to say, perhaps ideology are getting in the way of patient care, and this has to stop. We know what to do. Medicinal cannabis is safer than many prescribed drugs, such as opioids, which can be diverted and cause fatal overdose, and we've seen lots of media about the problems there. Yet Australian patients are needlessly suffering because they can't access affordable medicinal cannabis. The current system just doesn't work. It's broken, and patients who need medicinal cannabis are paying the price. It's time for the government to implement all the recommendations of the Senate inquiry into medicinal cannabis to ensure that all Australians have access to the medicine they need. It's just plain cruel, in our opinion, to deny people access to treatments when we know they work and when we know that they give people better quality of life.

Unfortunately, this bill has missed an opportunity to put patients at the centre. It's time to take action and transform these symbolic steps into meaningful change. The Greens are ready to work with all sides of this place to make medicinal cannabis more affordable and accessible to all patients who need it. Having said that, as I articulated, we will be supporting this bill, but this cannot be the final word. We need more urgent action so that patients can access medicinal cannabis that is affordable.

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