Senate debates

Wednesday, 24 February 2016

Bills

Narcotic Drugs Amendment Bill 2016; Second Reading

10:39 am

Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party) Share this | | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

NARCOTIC DRUGS AMENDMENT BILL 2016

Introduction

The Narcotic Drugs Amendment Bill provides a clear national licensing scheme allowing the controlled cultivation locally of cannabis for medicinal and scientific purposes.

Importantly this Bill provides the critical 'missing piece' for the Commonwealth to enable a sustainable supply of safe medicinal cannabis products to Australian patients in the future.

This Government understands that there are some Australians suffering from severe medical conditions for which cannabis may have some application, and we want to enable access to the most effective medical treatments available. At the same time, it is important we maintain the same high safety standards for products derived from cannabis that we apply to any other medicine.

There is also significant support for the use of medicinal cannabis in the broader community. From the 2013 National Drug Strategy Household Survey, 75 per cent of people would support a clinical trial of cannabis to treat medical conditions; and 69 per cent would also support a change to the legislation permitting the use of cannabis for medicinal purposes.

At the state and territory level, the NSW Government is investing in clinical trials that will explore the use of cannabis and cannabis products in providing relief from a range of debilitating or terminal illnesses; and the Victorian Government is taking steps to make medicinal cannabis products available to help Victorians in exceptional circumstances.

Currently in Australia, there are systems in place to license the manufacture and supply of cannabis-based products in Australia; however, there is no mechanism to allow the cultivation of a safe, legal and sustainable local supply of cannabis raw material.

This has meant Australian patients, researchers and manufacturers have had to try to access international supplies of legal medicinal cannabis crops and products—limited supplies and export barriers in other countries have made this difficult.

The Government is concerned that some of these patients, or their parents, are seeking products from the black market, without appropriate medical supervision. This comes with risk of criminal prosecution, and also health risks because the safety of the supply cannot be guaranteed.

Under the United Nations Single Convention on Narcotic Drugs, 1961 (the Single Convention), Australia, through the Commonwealth Government, has an obligation to carefully control, supervise and report on various stages of cannabis cultivation, production and manufacture.

The purpose of the Single Convention is to establish a framework to both prevent abuse and diversion of controlled narcotics and to ensure the availability of such drugs for medical purposes. Within Australia, the enabling legislation for these obligations is the Narcotic Drugs Act 1967. This Act also regulates the manufacture of licit narcotics such as morphine, of which Australia is the worlds' leading supplier. This is based on nearly fifty years of operating a strong and secure regulatory system that has the confidence of the international community.

The requirements for cannabis cultivation under the Single Convention are quite different to those for poppies grown for non-opium (alkaloids derived from concentrated poppy straw) producing purposes because of the significantly different risks to public health from the diversion of crop.

Unlike poppies, cannabis can be used as soon as the plant reaches maturity. Because of this cannabis is treated differently under the Convention, and the Commonwealth must take sole responsibility for regulating cannabis cultivation rather than leave it a State and Territory responsibility.

Presently, the Narcotic Drugs Act 1967 does not allow for the granting of licences for the production of locally cultivated cannabis for medical use.

Cultivation in Australia without these proposed amendments to the Narcotic Drugs Act could put Australia in breach of its Convention obligations, which could have consequences for our established multi-million dollar opioid narcotic industry.

National Approach

It is imperative we have a clear national licensing system to ensure we maintain the integrity of crops for medicinal or scientific purposes. This national approach will allow the Commonwealth , acting with the States and Territories, to closely manage the supply of cannabis products from 'farm to pharmacy'.

Cultivation

The Bill provides two types of cultivation licences:

      For both forms of cultivation activity, an applicant for a license to cultivate would have to be found to be a 'fit and proper person' (according to criteria set out in the Bill) and demonstrate that they can adequately manage the physical security of the crop.

      Cultivation of cannabis carries a particularly high risk of diversion because the product can be readily used in its 'raw' state and is likely to be attractive to organised crime seeking to hide illegal activities under cover of a Commonwealth licence. The provisions in the Bill are designed to manage these risks.

      It does this by ensuring that the applicant or licence holder (and any relevant business associates) do not have ties to criminal activity; has the financial resources to participate in the industry; as well as satisfy security and other requirements of the conditions of the licence.

      The quantities and strains of cannabis that can be cultivated will be controlled through the combination of a licence and permit system. Where the cultivation is for production into medicinal cannabis products for supply to patients, these permits will be managed to ensure that the amounts of product manufactured are planned in advance, relative to proposed usage and do not exceed permitted limits.

      The Government also wants to make sure that this approval and monitoring process for cultivation isn't fragmented across different jurisdictions and provides regulatory consistency.

      Under the Bill, the supply of unregistered medicinal cannabis products for clinical trials and specific patients would continue to be managed in accordance with current provisions under the Therapeutic Goods Act 1989 and the registration of new medicinal cannabis products would also continue to be regulated by the Therapeutic Goods Administration.

      Additional amendments to the existing manufacturing provisions contained within the Narcotic Drugs Act, which has not been substantively updated since introduced in 1967, are also necessary to ensure consistency across manufacturing for all narcotic drugs and to reflect regulatory best practice.

      Penalty Provisions

      Other changes introduced include updated criminal and civil penalty provisions to create consistency with other Commonwealth legislation while continuing to reflect the serious nature of any breaches of licence conditions and regulatory requirements.

      Management of the Scheme

      Article 23 of the Single Convention requires a single agency to manage the cultivation of cannabis. This responsibility will sit within my Department.

      Creating one single, nationally-consistent cultivation scheme will ensure Australia could be confident of its compliance with international obligations under theSingle Convention.

      This Bill is not intended to override State and Territory legislation dealing with criminal activities associated with the cultivation and trafficking of cannabis that occurs outside the regulatory scheme established by this Bill.

      Reporting

      As with licit opiates, Australia must also report regularly to the International Narcotics Control Board, which oversees the implementation of the Single Convention, on quantities of narcotics produced, manufactured and used, with a view to preventing stock-piling of raw material beyond national and global needs. The legislation is designed to ensure the Commonwealth is able to fulfil this obligation.

      Export/Imports

      At this stage, the implementation of the new medicinal cannabis scheme will be domestically focussed with a provision for exports to be addressed at a later date when the scheme has demonstrated that it is sufficiently secure and robust to meet international and domestic expectations surrounding security and safety.

      Cultivators will be authorised to import cannabis plants, including seed, and will access these through existing mechanism to import seed stock and other relevant materials through existing provisions of the Customs (Prohibited Imports) Regulations 1958. Imports will also have to comply with relevant biosecurity requirements, which are in place.

      Concluding remarks

      In summary this Bill, in conjunction with established mechanisms, provides a secure supply chain from 'farm to pharmacy', that will give patients access to medicinal cannabis products. The Bill is not about the legalisation or decriminalisation of cannabis for recreational use. Nor is this a discussion about making cannabis products available 'over-the-counter' or outside of a discussion with a qualified doctor or through an approved clinical trial.

      It is important we maintain the same high safety standards for cannabis derived products that we apply to any other medicine. I know many Australians would be concerned if medicinal cannabis products were to be subject to lower safety standards than common prescription painkillers or cholesterol medications. It is important to note that the manufacture of medicinal cannabis products will be also subject to quality manufacturing requirements under the Therapeutic Goods Act.

      This Bill, to allow the cultivation of legal medicinal cannabis crops in Australia under strict controls strikes the right balance between patient access, community protection and our international obligations.

      Photo of Katy GallagherKaty 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.

      10:48 am

      Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

      Today is quite momentous day for those who have been eagerly awaiting the first steps towards legalised cannabinoid treatments for medical conditions in Australia. I want to start by congratulating the Minister for Health, Ms Ley, her advisers and the department for moving as quickly as they have on this particular issue. It first came to my attention, would you believe, at a convention of the Liberal National Party of Queensland—not always seen as the most progressive-thinking group around the country. But, long before it became a public issue, two motions were passed at a Liberal National Party state convention in Queensland supporting the use of medicinal cannabis. I want to say to those people involved in the LNP who first raised this that it really does show that the process works. It has taken some time, but it does work. It is interesting that ordinary people, through their own political parties, can raise these issues, which do, as in this case, lead to legislation starting the process.

      I also want to give credit where credit is due to Senator Di Natale. Senator Di Natale also shared the view of the importance of medicinal cannabis, and, because things were not moving as quickly as he and others would have hoped, he introduced a private senator's bill, which was then referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry. That committee, which I had the honour of chairing, held a number of public hearings into medicinal cannabis in which Senator Di Natale and other committee members fully, enthusiastically and intelligently participated. We took an enormous amount of evidence from clinicians, from academics, from ordinary people—from people who came forward and confessed that they were breaking the law. As we do as a committee, we suggested to those people that they might want to give their evidence in camera, but all of them said no, that they were using cannabis because it was the only treatment that their family had been able to access that was effective in dealing with certain types of illnesses. Epilepsy was one of those illnesses. Those people were very courageous to come forward and give us evidence. To a degree, their evidence had an influence on the committee in recommending that something be done through legislation to allow for the use of medicinal cannabis. Senator Di Natale's bill was one that he prepared—with the help, I assume, of the Library and the Clerk's officers—but, of course, Senator Di Natale did not have the resources of the department to look into every aspect.

      Whilst the committee supported the bill in the broad, the committee was persuaded by the department that there were certain issues in Senator Di Natale's bill which had not been looked into. The issues related principally to international conventions and international agreements on narcotic drugs. Senator Di Natale's bill, together with the committee's report, encouraged the government to move quickly. I want to thank again the minister, Sussan Ley, and the Prime Minister of the time, Mr Abbott, both of whom gave the idea of medicinal cannabis a very big tick. At the joint party room meeting where this was raised, both Mr Abbott and Ms Ley confirmed that this was something that had to be done but that it was complicated. I thank departmental officials and the parliamentary draughtsman for their speed in completing this bill. It is never easy when you are dealing with narcotic drugs to get the legislation right, making sure all the t's are crossed and the i's are dotted. Despite the comments of previous speakers, it is here in record time and all congratulations to the department, the draughtsman and the minister's office for achieving this.

      I also note with a little surprise that the Labor Party, the Greens and the independents have not required this matter to go back to a committee. Had that been necessary, any committee hearing would have been very brief because the committee had already looked into the matter in some detail. It is here in the parliament; it has been passed in the lower house; it will be passed here; and it will eventually come into effect. It is a great example of how parliament can work effectively and quickly where there are issues which need addressing. As I say, the issue originated in a state convention of the LNP in Queensland. I also want to thank the New South Wales government which appeared before the committee and gave very good evidence—not only the department, but also academics, scientists and clinicians researching the issue. They explained to us that they sometimes had difficulty in accessing the plant for investigative or research purposes; at times they were at risk of breaching the law. The New South Wales government actually made it a commitment at the last election and allocated—do not hold me to these figures—something like $60 million towards the research and the implementation. I note that the Victorian government is also doing something along similar lines.

      It is important that the Commonwealth legislates, because the Single Convention on Narcotic Drugs is something that only the Commonwealth can deal with. We want to make sure too that any legislation in relation to the medicinal use of cannabis is national in scope so that trouble does not arise in various states from competing or contradictory legislation. I want to make it very clear that this bill has nothing to do with, and is diametrically opposed to, the recreational use of cannabis, which remains a criminal offence—and in my view so it should. A lot of the mental health problems that we see around our country today, I believe and evidence suggests, are the result of the early use of cannabis as a recreational drug. I emphasise that this bill will not make cannabis available for recreational use or for any other purpose other than strictly controlled medicinal use.

      Whilst the legislation will pass through the parliament today, this is only the first step. Some will say that the process is convoluted but there is a lot of work to be done from here on in. Australian grown cannabis for medicinal use will not be available for some time. This bill creates a new agency, the Office of Drug Control and it will oversight the program. It will be very strict about the operational standards. In layman's language, this bill will eventually allow the controlled growing and processing of cannabis under strict conditions. As I understand the bill—and it is quite a big bill—not all doctors will be able to prescribe medicinal cannabis; only specialist clinicians will have the authority to prescribe it under certain controlled circumstances. I say again, cannabis is the most used illicit drug in Australia, and Australia unfortunately has one of the highest per capita rates of illegal cannabis use in the world.

      Senator Ludlam interjecting

      I wonder if Senator Ludlam knows too much about this drug! This is a serious proposal which, as I say, has cross-party support. I am surprised that Senator Ludlam would make light of it in view of the fact that his leader played a very significant role in getting us to where we are today. The National Drug Strategy survey said that 35 per cent of the Australian population reported having used cannabis at some time in their life, with 10 per cent having used it in the last month and 3½ per cent having used it in the previous week. So it is a problem. Chronic cannabis use can be associated with a number of negative health and social effects, including increased risk of respiratory diseases associated with smoking including cancer, decreased memory and learning abilities and decreased motivation in areas such as study, work and concentration.

      The Australian government has made a commitment to work collaboratively with states and territories to not only share knowledge and information on the issues relating to the appropriate use of therapeutic products derived from cannabis but also consider health and law enforcement concerns in the context of the Commonwealth authority and obligations to control the cannabis plant in Australia under the international convention. I repeat—I want to keep emphasising this—that in no way will this legislation provide for the decriminalisation of this drug, which many scientists say does have long-term health effects. I know from my own experience that there are a lot of forward-looking farmers who are keen to get involved in the growing of the cannabis plant under controlled conditions. We do that in Australia with the poppy, which is used in the manufacture of heroin for medicinal use. We have a very strictly controlled regime there. This will be a similar—not the same—control arrangement with the growing of the cannabis plant. As I say, there are forward-looking, sensible farmers who are already seeing an economic livelihood in growing the cannabis plant under very controlled conditions. The plants that apparently grow wild—as I said jokingly, they are pretty prevalent in my home area of northern Australia—have been genetically modified over the years to have a higher proportion of the bad stuff and a lower proportion of the good stuff in them. The control of the growing will of course ensure that the plant is grown under very strict conditions to get the best outcome for medicinal purposes.

      I mentioned the Single Convention on Narcotic Drugs, which does severely restrict what Australia, or any signatory to the convention, can do. This bill will require amendments to be made to the Therapeutic Goods Act to include regulation making power to provide for future flexibility, if needed, in relation to authorising medicinal cannabis. Cannabis cultivated in Australia will be able to be legally manufactured into products to be used to conduct clinical trials and to develop therapeutic products to be used in accordance with the Therapeutic Goods Act. It came as a surprise to me to find that presently doctors can prescribe cannabis, under very strict conditions. I do not think a lot of doctors are aware of this, and I even wrote to the AMA when I found out about it. It is a very convoluted process, but those who think they have a use for medicinal cannabis today should speak to their doctor who should speak to the department, if necessary, about the very restricted circumstances in which cannabis can already be used. This bill, however, will take the process a lot further. We will grow the plant in Australia, therefore we do not have to rely on imported product that we do not really know the origins of or how it has been grown or what its properties are. It is an important step forward.

      In going through this rather lengthy process in double-quick time the government is conscious that the all-important issue is the safety of patients and the community, and that is why it is essential to have very high safety standards for medicinal cannabis products and very rigorous clinical controls on access to them. But it is a step in the right direction. I know from the committee hearing that a number of people in Australia will be delighted that this bill has reached the parliament today, and in all expectation will be passed today. As I say, there is still a way to go but it is the first step in making this drug available. The evidence given to the committee was quite clear. A lot of people did not know exactly why the cannabinoid drug worked, but the evidence was that it did work for certain illnesses. We now have a process beginning whereby those people who have been illegally using it in Australia will have it legally available. We did have evidence of some people having to fly to the United States twice a year to get their children access to medicinal cannabinoids, and those people will now have the ability in the months ahead, when this legislation is fully implemented, to get this treatment in Australia at a fraction of the cost that it has cost people in the past.

      I am delighted to support this bill. I again give credit to Senator Di Natale for bringing this matter forward and I again give credit to the minister and her advisers and the department for moving as quickly as they have to make sure that this legislation is adopted by the parliament today so that the wonderful properties and the good use of this drug can be made available to Australians who desperately need it.

      11:07 am

      Photo of David LeyonhjelmDavid Leyonhjelm (NSW, Liberal Democratic Party) Share this | | Hansard source

      I rise to support the passage of the Narcotic Drugs Amendment Bill 2016. I do so in the knowledge that I should not let the perfect be the enemy of the good. As most people know, legalising cannabis is Liberal Democrats' policy. And, yes, that includes recreational use. This bill is good, but is far from perfect. It amends the Narcotic Drugs Act 1967 to establish a national licensing scheme to allow the cultivation of cannabis for medical and scientific purposes. It will allow such cultivation to operate in accordance with Australia's obligations under the three UN drug control conventions. Those conventions—the bastard children of US prohibition and the war on drugs—mean that Australia is placed in the position where its new regime for the regulation of medicinal cannabis is onerous.

      It involves an elaborate licensing regime: one form of licence authorises the cultivation of cannabis for manufacture into medicinal cannabis products; a second authorises research into the cannabis plant that is to be used for medicinal purposes. It also takes in a strict 'fit and proper person' test. This test will be applied to the applicant farmer or researcher as well as his relevant business associates. It involves consideration of a range of matters, including criminal history, connections, associates and family, financial status, business history and capacity to comply with licensing requirements. Licence holders will be expected to remain 'fit and proper persons', too. The regime is explicitly designed to ensure the exclusion of criminal elements, who may be tempted—we are told—to use the licence scheme as cover for illegal activities. In short, if you want to grow or research medicinal cannabis under the new legislation, you effectively let the government set up CCTV in your bedroom.

      I recognise why the bill before us today is comprised almost wholly of red tape. Legalising cannabis for recreational use at the federal level would constitute a denunciation of the UN drug control conventions, and almost certainly would have a serious impact on Australia's legal opium poppy industry. Our opium poppy growers in Tasmania, who produce about half the world's legal medical opioids, depend on Australia complying with the UN drug control conventions or they risk their multimillion dollar international markets. Opium poppy growers already work under a licensing regime that mirrors the one this bill sets up for medicinal cannabis.

      That said, it is becoming clear that legalising recreational cannabis at the state level in a federal system invites a lot of bleating and chest-beating from UN bodies like the International Narcotics Control Board, but not much else. After Colorado legalised recreational cannabis, the INCB thundered that the drug control treaties must be implemented by state parties, including states with federal structures. Last time I looked, cannabis was still legal in Colorado, Oregon, Alaska, Washington, and Washington DC, and the sky had not fallen, and yet the INCB's quick summary is: drugs are bad.

      Australia's fight for legalising recreational cannabis use, would seem, must largely be prosecuted at the state level. This serves as a reminder that a great deal of international law is nonsense and does not deserve our automatic respect. Legalising recreational cannabis use would deprive organised crime, whether Middle Eastern crime gangs, Asian triads, bikie gangs, or relatives of Darth Vader, of a major source of income, and relieve police of the cost of finding and destroying illicit crops. Of the $1.5 billion spent annually on drug law enforcement, 70 per cent is attributable to cannabis. That is an expense we do not need.

      Then there is the opportunity for increased tax revenue, which is something of interest to the big spenders on both sides of this chamber. If its consumption is legal, it can be taxed. I recently asked the Parliamentary Budget Office how much money the government could raise if it legalised and then applied the GST to cannabis. The answer was $300 million dollars, and that is just in GST revenue. I did not ask them about other forms of revenue-raising, because I find high taxes obnoxious.

      Finally, it is not legitimate use of government power to prohibit adults from doing something that does not harm others. It is irrelevant that it may not be wise to use a plant for recreational purposes. I neither endorse nor recommend recreational use. The point is simply that governments do not have the moral authority to ban something based either on disapproval or on a desire to protect people from their own choices.

      It is also a basic reality that most people have tried it at some point, that includes President Obama and me. When the law says one thing and people do another a free society changes the law. Medial cannabis is only half the answer. This bill is a step in the right direction, but only a step. It is high time we stopped using international law to justify interfering in adult choices. Government opinions are only relevant to those who are incapable of deciding things for themselves.

      11:14 am

      Photo of Carol BrownCarol Brown (Tasmania, Australian Labor Party, Shadow Parliamentary Secretary for Families and Payments) Share this | | Hansard source

      I rise to speak on the Narcotic Drugs Amendment Bill 2016. I put on record my appreciation of Stephen Jones, the member for Throsby, for his work in this area and the work he has done on promoting the need for this important reform. This bill, as other contributors to the debate today have said, is an important part of the regulatory and legislative framework that will allow Australians to access the medicinal cannabis products that are available.

      The simple fact is that we know these products work. We know that across this country there are people who are already accessing medicinal cannabis products, and these people are telling us that these products have completely changed their lives. These are people suffering pain or dealing with medical conditions who have sought relief from other medications that have not worked for them. However, to access these products, life-saving and life-changing products, these people have to get them from the black market. In doing so, they are at risk of being arrested and convicted. There are also unable to determine the exact ingredients and the quality of the product they are taking. People are caught between the risk of criminal sanction and unreliable supply, and knowing their loved ones will suffer if something does not change.

      For this reason, I welcome this bill as a definite step in the right direction. No-one—no family, no parent—should be faced with making a decision about getting a loved one the treatment they need by breaking the law. But, as I have said, currently this is the decision many people have to make. This is because people who have debilitating and life-threatening conditions which cause unbearable pain and muscle spasticity cannot find relief from pain from existing therapeutic goods. Under the current law, people are expected to watch their child, partner or parent in immense pain, knowing relief is available but it illegal.

      The establishment of a medicinal cannabis licensing scheme would give patients who are suffering from a terminal illness or other serious medical conditions access to safe, reliable and legal medicinal cannabis if prescribed by their doctor.

      The bill before us today will put in place the supply chain arrangements that will allow the legal production of medicinal cannabis products. It is, as has been said today, the first critical step in allowing medicinal cannabis to be produced in this country. Primarily, the bill amends the Narcotic Drugs Act to permit the licensing of growers of medicinal cannabis in Australia. It also provides a fit and proper person test to be applied to licensees by the Department of Health. If the bill is adopted today, it will ensure that Australia remains compliant with its obligations under the single convention.

      We know that there is broad public support for making cannabis products available for medicinal purposes. Survey after survey, poll after poll, have proved this point. But there is also broad public support for having a regulatory system which ensures that Australian medicines are safe. Labor is committed to working with the government and interested parties to ensure that the Commonwealth government can provide national leadership that ensures medicinal cannabis treatments are made available in a safe and legal way.

      I want to pay tribute to two people in my home state of Tasmania who have worked tirelessly to see the use of medicinal cannabis legalised. Marilyn and Andrew Irving have led the campaign on this matter and have been nothing short of inspirational. Marilyn has a painful degenerative nerve condition. When I saw her in the week before Christmas I was pleased that, although she was in a wheelchair, she was in better health than I had seen her for a long time. Andrew, Marilyn's husband, was at his wits end, trying to ease Marilyn's constant pain and terrible tremors from her condition. He was desperate and so he turned to medicinal cannabis. He was 'blown away'—those are his own words—by what he calls the near miraculous effects of the cannabis oil on Marilyn. Andrew pays $280 a month for the cannabis drops but does not begrudge the money because it has helped Marilyn and helped transform their lives.

      As I said, Andrew has become a really vocal campaigner on the need for this bill. In the words of Duncan Abey, a journalist with the Mercury newspaper, in his article on 20 December last year: 'Andrew has taken his campaign to the world by producing a digital newsletter called The Leaf, espousing the benefits of medicinal cannabis. Andrew says the aim of the newsletter is to increase education on the issue and to help reduce the stigma users encounter. All users want to be able to use medicinal cannabis within the law.'

      Andrew has at times been left emotionally drained since he became an advocate for medicinal cannabis. He has had many calls and inquiries from people who are desperate. As Andrew says, 'It has been heartbreaking to hear people crying on the other end of the line. People are still suffering, people are still dying, people are still in pain.' As I said, this bill is an important first step to ensuring people like Andrew and Marilyn Irving are able to access safe and legally approved medicinal cannabis.

      I turn to the work done by Tasmania's shadow Attorney-General, Lara Giddings, who this month has announced that Tasmanian Labor, when in government, will immediately decriminalise cannabis possession and use by Tasmanians suffering from a range of severe medical conditions. The Tasmanian legislation would decriminalise the possession and use of cannabis for medical purposes by people who suffer epilepsy, multiple sclerosis, cancer or HIV-AIDS and severe chronic pain. It would have to be approved by two medical specialists, and other medical conditions would be considered by an independent medical advisory committee. A Tasmanian Labor government's legislation would also call for the licensing, cultivation, manufacture and dispensing of medicinal cannabis in Tasmania. A Tasmanian Labor government would also launch clinical trials of medical cannabis that complement those of Victoria and New South Wales, in conjunction with Tasmanian businesses in collaboration with the University of Tasmania. As Ms Giddings said, 'The decriminalisation of cannabis is so important to so many Tasmanian families who are faced with the awful choice at the moment of having to either watch their loved ones suffer or break the law by providing them with cannabis.'

      This bill is important in ending the delays for people who continue to suffer needlessly. This bill has, at its core, easing the suffering of those for whom medicinal cannabis can provide relief. I commend the bill to the Senate.

      11:22 am

      Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | | Hansard source

      Today I join many of my colleagues in this place to express my support for the Narcotic Drugs Amendment Bill 2016. Earlier today I was at the first National Family Drug Support Day, and I want to pay tribute to the terrific work done by Tony Trimingham, the founder and CEO of Family Drug Support Australia. It is something that has multi-party support. Tony Trimingham tragically lost his son to a drug overdose a number of years ago. I think it is fair to say that it is an expression of his love for his son that he has continued to campaign for support for family members who have been affected by substance abuse. Congratulations to Tony Trimingham and his team for what they have done to reduce the shame, stigma and discrimination for families, to promote support services for families and friends affected by drug use and to promote harm reduction measures to reduce the harm and number of deaths from drug use.

      This is very important in the context of this bill. This bill is not about the liberalisation of drug policy in Australia. This bill is about implementing a framework so that Australia can meet its obligations under the Single Convention on Narcotic Drugs 1961 when we embark on the process of cultivating cannabis for medicinal and scientific purposes. In no way do I condone so-called recreational drug use. Taking illicit drugs—and even some legal drugs—can be a very risky business. There is no such thing as the safe use of many of these drugs, whether it heroin, crystal methamphetamine or cannabis.

      The National Institute on Drug Abuse in the United States has published a number of medical studies relating to the impacts of marijuana use. These studies have shown that marijuana use during development can cause long-term or possibly permanent adverse changes in the brain. Similarly, the Australian Medical Association warns that regular and prolonged cannabis use can lead to anxiety, insomnia, appetite disturbance and depression.

      Adolescents are particularly vulnerable to harm. Medical imaging studies in adolescents show that regular marijuana users display impaired neural connectivity in specific brain regions. These brain regions are involved in a broad range of important functions such as memory, learning and impulse control. Furthermore, the research paper 'Gone to pot: a review of the association between cannabis and psychosis', published in 2014, showed that there is strong evidence supporting a link between marijuana use and psychotic disorders in those with a pre-existing genetic condition. So let me emphasise that the cannabis that will be cultivated in Australia following the passage of this bill will be about its medicinal properties and the people with medical conditions that can be assisted by it.

      The science in relation to the use of cannabis to treat debilitating illnesses is rapidly growing. Victoria, New South Wales and Queensland have already joined forces to take part in medicinal cannabis trials. I hope that South Australia will not be far behind with implementing its own trials, particularly in light of the survey conducted late last year which showed that 90 percent of South Australians believe cannabis should be made available for medicinal purposes. Without this bill, state governments will be forced to import cannabis rather than cultivate their own stocks.

      It is well known that medicinal cannabis has been shown to treat a number of debilitating illnesses and conditions, including severe seizures from epilepsy. Right now parents of children with epilepsy that is unresponsive to conventional treatment face a heartbreaking choice. They can either attempt to obtain medicinal cannabis from the black market and risk being prosecuted or they can persist with drugs which can have devastating side effects on their children.

      I have met with families in Adelaide who live in fear that their child's next seizure will be their last. Tragically, one of these families did lose their beautiful daughter to epilepsy in February 2012. In the months leading up to the fatal seizure, the family had been waiting and waiting to see a specialist in one of Adelaide's hospitals to talk about their concerns for their daughter. Despite being considered an urgent case, the family was told it could be more than a year before they could get in to see the doctor they needed. In a country like Australia, those sorts of waiting times should be unacceptable. So the more progress we make on medicinal cannabis the better.

      I also want to make reference to Mark Elliott, who I know because of work that I have done with parents of children with epilepsy in South Australia. He is a very decent man and a loving father. Mark has spoken out in the media in Adelaide about his daughter Charlotte, who would now be 10 years old. And an article in The Advertiserby Elisa Black and Tessa Akerman said this:

      Imagine, for a moment, watching your child suffer through dozens of seizures a week.

      Through the pain, the indignity, the fear.

      Then imagine hearing of a treatment sanctioned overseas that has worked wonders for children with epilepsy as serious as your little girl’s, so serious that conventional treatments and drugs offer little help. It has brought them back to life.

      Then imagine being told that if you use it you will go to jail.

      This is Mark Elliott’s reality.

      It goes on to talk about his absolute dilemma in relation to this. Clearly, the medical evidence is in that his daughter can get the assistance she needs through medicinal cannabis that other medications cannot provide. That is why this bill is important for families such as Mark Elliott and his daughter Charlotte. By allowing cannabis to be cultivated in Australia for medicinal and research purposes, we are one step closer to bringing these families the relief they so desperately need.

      I would like to briefly acknowledge that important safeguards have been built into this bill, especially around the licensing and permitting framework. A strong 'fit and proper person' test will be applied to all licence applicants and relevant business associates. This test will look into factors such as criminal history, business history and also the capacity to comply with the licence requirements. These safeguards are necessary to ensure that those involved in organised crime do not try to hide their criminal activities through participation in this program. Other safeguards include controls on the quantities and strains of cannabis that can be cultivated under this program. Where cultivation is for the purpose of medicinal cannabis to supply to patients, the amount of cannabis that can be grown will be determined beforehand. This will ensure supply meets but does not exceed patient requirements. Taken together, the measures in the Narcotic Drugs Amendment Bill 2016 are an important first step in the advancement of Australia's medical treatment and research capabilities. I reiterate my support for this bill.

      11:29 am

      Photo of Anne UrquhartAnne Urquhart (Tasmania, Australian Labor Party) Share this | | Hansard source

      I rise today to speak on the Narcotic Drugs Amendment Bill 2016. This bill amends the Narcotic Drugs Act to allow the licensing of growers of medicinal cannabis in Australia to establish a tightly controlled supply chain. I commend this move and recognise that in my home state of Tasmania we have already been safely and effectively growing poppies to produce opiates for many years, and I believe there is much to learn from this experience.

      I would also like to recognise the government's agreement to create an expert advisory panel, which I hope will go some way to addressing the process questions that Labor has had with this bill. Labor is willing to work constructively with both the government and the Greens in the formation of this panel. However, I am still disappointed that this bill took so long to get to the parliament and that it will not be sent to a Senate inquiry for consideration. A short inquiry was Labor's preferred option. This was not to hold things up but to insure there were no unintended consequences that could limit the effectiveness of the bill or lead to other unexpected issues. This is a complex legal area, with many impacting state and federal laws as well as international treaties. In this context, it is a shame that the government and the Greens have joined to reject a Senate inquiry which would have created an avenue for public input and expert advice that could quite possibly have resulted in better legislation at the end of the day. That being said, I would like to congratulate those of all stripes who have seen that medicinal cannabis is a health issue that should be elevated above partisan politics.

      Access to safe, reliable, legal and affordable medicinal cannabis is something that I have personally been fighting for for a long time. Last year, I was very pleased that I was able to be part of the process of change as co-sponsor of the Regulator of Medicinal Cannabis Bill, which would have established a government body to manage the production and supply of this vital treatment. There is no doubt that cannabis has brought relief and dramatic reduction in pain and suffering to so many Australians. In my home state of Tasmania, I have personally met with many individuals who have seen their lives and the lives of their loved ones turned around through this treatment. Sadly, though, there are just as many heartbreaking stories of those who continue to suffer because they are unable to gain access to this treatment. And there are many others who are still branded criminals under Australian law for accessing and using this treatment, despite the incredible and proven health outcomes. For too long, Australians have been forced to navigate underground criminal networks in order to secure a medication that we know works. There is no doubt in my mind that change is desperately overdue. Today, I would like to recognise all the individuals who have been fighting through every possible avenue to make this change happen. When medicinal cannabis is finally legalised, parliament may be the instrument but it certainly would not have happened without the tireless advocacy of so many special people—and they are very special people.

      I would specifically like to formally acknowledge all the brave Tasmanians who have had the courage to go public with their own stories, despite potential personal risks, in order to mount the case for reform. People like Natalie Daley from Ulverstone, who has publically shared her very personal experience of the incredible change medicinal cannabis has made to her life since she was diagnosed with a rare form of cancer. There is Lyn Cleaver from Launceston. Lyn has fought tirelessly for change for her son Jeremy who suffers from severe epileptic seizures, which have been dramatically reduced through the use of cannabis. And Nicole Cowles from Kingston has been a fantastic advocate for change since cannabis turned her young daughter Alice's life around.

      And I cannot forget Jessie from my home region of the north-west coast of Tasmania and her amazing little girl April, who is four and has started school for the first time this year. April suffers from Dravet syndrome, which causes her to have more than 1,000 seizures a day. At their wits end, Jessie and her partner, Paul, turned to cannabis oil in an attempt to contain April's attacks. It would not be an overstatement to describe April's turnaround as miraculous, with her attacks dropping from triple digits to as few as six. I would like to read a post that Jessie posted on her Facebook page just a week ago. She writes about April:

      This girl has rocked my world. The love i feel for her is nothing i have ever experienced before. The journey i was signed up to since her birth was not one i ever asked for but one i was given. And i am so proud that it was me choosen to be her mummy, it was me that was to take part in such a horrific, scary yet wonderful journey! There have been so many close calls. So many times we were told her little life was coming to a end. We planned a funeral as we were told it was best for our family. We even had someone close record a written song for this. Just over a year ago her tiny heart stopped beating and it took 20 mins of non stop help by paramedics to get her back. Most would have stopped by that time. But the man that brought her back on this horrific day NEVER—

      And she has emphasised 'never'—

      stopped and if not for him i wouldnt have my April. All i remember was him telling her over and over "you dont give up princess you come back to me" i remember standing there watching him and screaming save her. Worst part was having—

      my eldest daughter—

      … standing next to me screaming " mum whats wrong with april" over and over. I could not comfort her, i couldnt speak to her. I was in such a state and was praying to god to save my daughter. April went 20 mins with not breathing. She suffered horrific brain damage and lost many skills but regained some over time. Thank god we have never had a similar experience since that day. I know dravet is a very bad disease. I no it claims the lives of so many little kids every day. I used to live my life thinking i would loose April. I never planned anything with her because we were told each day was a blessing. Not so long ago i chose not to live like that. I chose to believe my daughter would not die and she would live a long life. I started think different for her and for me and my family. There was no point in me falling to bits as despite Aprils illness i had three other tiny faces who needed me to be there mummy and needed me to be positive. I dont no what Aprils future holds! but none of us no what the future holds. So i just feel blessed she can go to school, that she is happy and i pray for her. I no every mother says this but i truely believe April is here to change the world. I need to believe she will go on to adult life and be fine. No way if i can help it will she leave this world before i do.

      There are many others across the state and, indeed, across the country who have bravely and compellingly made the case for change. To all of those people, by putting a human face on this issue, you have helped to put medicinal cannabis firmly on the political agenda, and for this you should be congratulated. You have made great steps in convincing three-quarters of Australians that medicinal cannabis needs to be legalised. Now it is time for the law to catch up.

      The bill before us today probably would not have been the bill that Labor would have introduced, but we cannot let the perfect be the enemy of the good. We will not stand in the way of this legislation, because we do believe it is moving in the right direction. There is no doubt that the intent of this bill aligns with Labor Party policy. Last year, Leader of the Opposition, Bill Shorten, announced that a Labor government would commit to making medicinal cannabis available to those who need it.

      There have also been some very progressive and positive moves in some states in this area. The Queensland Premier, Anastacia Palaszczuk, has thrown her support behind trials and law reform. The Victorian Premier, Daniel Andrews, went to the election promising to make medicinal cannabis available by 2017. New South Wales has held an inquiry and also committed to undertake trials. The 2013 inquiry in this state made a recommendation for a uniform national scheme, and this is what Labor would like to see also. In fact, federal Labor has already committed to developing a nationally consistent scheme where access to medicinal cannabis is not determined by your postcode and the vagaries of the laws in your state. Currently we have a system that criminalises those that take their health into their own hands. We have a system which sends otherwise law-abiding Australians to the black market to source what can be a life-saving treatment. Medicinal cannabis users are exposed to prosecution and further legal action, which can have serious implications for their family and working lives. And, because the only source of the product is through criminal networks, both supply and quality can be very unreliable. This undoubtedly leads to further health risks for people who rely so much on this treatment. We also have doctors who privately recommend the treatment to their patients, but are not allowed to put their recommendations on the official record formally for fear of the professional ramifications for themselves. As a result, medicinal cannabis cannot be taken into account as part of a holistic treatment regime. This is not right.

      While I acknowledge the moves by some states for change in this area, it is clear that a federal framework is absolutely necessary and it is clear that people should not be criminalised for taking responsible steps to look after their health or the health of their loved ones. This is something that I am particularly concerned about, and I would like to see further detail on how this will work under the bill before us here today. We need to ensure that there are adequate safeguards within the legislation to ensure that people who use cannabis for legitimate medical concerns are not at risk of prosecution. While I understand it is proposed that patients will be able to access treatment on prescription, I would like to see a lot more detail on how this is going to work in practice. I understand that when this legislation passes, the TGA will move to make the product available through clinical trials, the Special Access Scheme and Authorised Prescriber Scheme. However, I would still like a guarantee from the government that Australians with legitimate health concerns will be able to access treatment within the law, regardless of where they live. In the meantime, those who are using cannabis for medicinal purposes should be free from prosecution. National leadership and nationally consistent laws are absolutely vital so we do not end up with a patchwork legal landscape where you can be a criminal in one state but a legal user in the next one.

      Another area that I think needs to be a key focus is affordability. Many users of medicinal cannabis are very unwell and often are only able to work a limited number of hours, if they are able to work at all. As a result, money can be incredibly tight. But this should not be an impediment to securing the treatment that they so dearly need. I would call on the government to ensure that affordability is a key goal of the implementation of this legislation.

      In summary, while there are some details about how this bill will work in practice that I am cautious about, I recognise that it is a move in the right direction, and we are happy to support it in this place today. We need to guarantee that safe, reliable and legal medicinal cannabis is available affordably to those Australians who would benefit from its treatment. I urge the government to ensure that all of these key requirements are met as the bill proceeds into implementation. And I commend all of those who fought so hard to get action in this important health policy area.

      11:42 am

      Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

      I rise today to speak in support of the Narcotic Drugs Amendment Bill 2016.

      Dan Haslam was 20 years old when he was diagnosed with stage 4 bowel cancer. Just think about that: a 20-year-old boy diagnosed with bowel cancer with a terminal diagnosis in the prime of his life with a world of possibilities ahead of him. Dan went through hell. He spent years enduring chemotherapy treatment that made him nauseous. He lost weight. He was unable to eat. It impacted every aspect of his life. Dan developed something called anticipatory nausea. Nausea in and of itself is an awful symptom. It is debilitating. Those people who experience chemotherapy say that, of all of their symptoms, often it is the nausea that is the worst. Anticipatory nausea is where just the thought of going into having chemotherapy triggers nausea. So, without the drug itself, simply the notion that you are going to sit down and have a toxic drug injected into your arm will trigger nausea.

      Dan was so unwell and he lost so much weight that it appeared that the chemotherapy would no longer be used. Then quite by accident Dan's family heard about medicinal cannabis. It is interesting. Dan's father is a law enforcement officer. His mother, Lucy, heard about it. Of course, like any desperate parents they did what they could. They thought this was a last resort. They tried medicinal cannabis. Initially, Dan smoked it, and the effects were profound. Dan had an immediate response. His nausea settled, he had more of an appetite and it helped to give him some quality of life in those final few years.

      Today marks one year since Dan's passing. It is a year today since Dan left us, and so it is incredibly fitting that we are here today marking the passage of this bill, standing in support of legislation that Dan and his family helped to drive forward. I know that Lucy Haslam wanted to be here today. Lucy, this would not have happened without your contribution. Unfortunately, things move quickly sometimes in this place; far too often they move slowly. On this issue, we are debating a piece of legislation that we thought might be in this parliament next week. I am sorry you cannot be here today. I know you wanted to be here and I know you will be watching from Tamworth. To you I say on behalf of the Australian Greens, on behalf of all of the people in this parliament: thank you for everything you have done. I want to let you know that your family's grief, your family's pain and suffering, have not been in vain. This is a legacy that Dan will leave here in this parliament.

      It is all too sad that there are many people right across the country who have to endure the same sort of pain and suffering that Dan and his family have had to endure or to be treated like criminals if they resort to what is now regarded as an effective medicine and an effective treatment for something like nausea, and indeed many other conditions, which I will come to in a moment. It was on the back of the Haslam family and their wonderful advocacy. I am always amazed by an individual who is confronted with such grief, pain and suffering who is able to turn that around and use it to make a positive contribution, to have the strength and the courage and the vision to be able to harness that grief in a way that makes an enormous positive contribution on something like this. It always amazes me. I do not think I would have the strength in those circumstances.

      On the back of Lucy's family and the stories of families just like the Haslams, the Greens decided that we would introduce legislation to the federal parliament, legislation based on ensuring we had the production, manufacture, supply, use, research and importation of medicinal cannabis. That legislation is the genesis of this bill. But we recognised that this could not be seen as a partisan issue. What we are seeing today is this parliament at its best, when far too often we see this parliament at its worst. I acknowledge Melissa Parke and Sharman Stone, who are the co-conveners of the Parliamentary Group for Drug Policy and Law Reform—Melissa Parke is a Labor member; Sharman Stone is a Liberal member. Together we decided that this would be a priority for our group. We also acknowledged that we needed to introduce the legislation into one of the houses of parliament. We decided on the Senate and we sought co-sponsors for that legislation. I acknowledge Senator Urquhart for her contribution and her moving words just now, Senator Leyonhjelm and Senator Macdonald. Senator Macdonald and I are on opposite poles of the political spectrum but there are moments in this place when you put aside your partisan differences and recognise that it is important to work in the common good, in the national interest, to try and get something done.

      I acknowledge Senator Macdonald and his involvement with the inquiry by the Senate Legal and Constitutional Affairs Legislation Committee that looked into this legislation. That inquiry into the Regulator of Medicinal Cannabis Bill had hearings in Brisbane, Canberra and Melbourne and heard from a range of people. We heard from experts—academics, doctors, scientists—and patient groups, but most importantly we heard from patients themselves. We heard evidence about the effectiveness of medicinal cannabis. Emeritus Professor Laurence Mather said quite clearly:

      … this evidence inarguably demonstrates cannabis to be a useful medication, and ought to be available to … patients in need.

      We heard from Dr Alex Wodak that the evidence is very clear that this is a useful medication.

      There are many claims made about the effectiveness of medicinal cannabis. To be frank, some of them are still unproven. I suspect that some of them will not hold up to the scrutiny of evidence. It is not a cure-all for everything. However, it is a very effective treatment for a range of conditions and there is no reason why it should not be treated as medicine just like any other. We know that it is effective for chemotherapy induced nausea—you heard Dan's story. We know that it is effective for muscle spasms that are a consequence of multiple sclerosis. In fact, there is a medication approved for that use. We know that there is evidence for its effectiveness for particular types of epilepsy, particularly among young children. There are miraculous stories about the benefit associated with use of that drug for those young kids, many of whom are not developing appropriately and are having seizure after seizure after seizure, causing incredible heartache within families right around the country. We know that for many conditions there is good evidence about this drug, and there is no reason why this drug should not be treated like any other medicine.

      People are naturally concerned. They have heard stories about the impact of psychosis associated with the use of cannabis. We heard from Professor McGregor about some of the issues associated with that. Much of the psychosis associated with the recreational use of cannabis is likely to be attributed to the fact that because this is an illegal drug with very highly potent forms with high THC and low CBD we are seeing potential associations with psychosis for recreational users. But where we can have controlled production for medicinal purposes, where we have a higher ratio of what is called CBD, we know that that may be protective against psychosis. Interestingly, we heard from the inquiry that CBD, a component of cannabis, is now being researched as a treatment for psychosis.

      We heard about the effectiveness of the drug and about its potency in responding to things like nausea and muscle spasm. But nothing can replace the words of patients about their experience with using that drug. We heard about the heartbreaking story of a young mother who saw her child having seizure after seizure, not responding to a cocktail of pharmaceutical anticonvulsants yet getting miraculous relief from medicinal cannabis. She spoke out about that publicly and what was she confronted with? A knock on the door from the police and an interview with the department of human services assessing her fitness to be a mother. Think about that. A mother who is providing her child with medication being interrogated about whether she is fit to be a mother because she is providing her child with what is an illegal substance.

      That is why this bill is so critical. It gets us on the path to treating this effective medicine as a medicine. We also need to recognise that this bill has serious limitations. It is an important piece of the puzzle but it is not the missing piece of the puzzle, as it has been described. It is an important first step but there is a long way to go before this medicine finds its way into the hands of patients. That is ultimately the test of whether any legislation is successful.

      As someone who suffers from chemotherapy induced nausea, multiple sclerosis and the muscle spasms that come from that, can I go to my doctor and be prescribed this medicine? That is ultimately the test. This legislation will not get us there on its own. It is an important reform but there is much more work to be done. It has taken a long time, almost two years, but we are relieved that the government has decided that it is time for a national approach. So we do welcome the passage of this legislation.

      But what needs to be done now? Cannabis in all its forms, medicinal or otherwise, remains an illegal drug. I will say that again. Medicinal cannabis, as the law now stands, is an illegal drug. The technicality is that it is a schedule 9 drug—alongside cocaine, heroin and other illicit substances. That is where medicinal cannabis is classified in the classification scheme of all drugs. We need to change that. I understand that the TGA is currently going through a review process to look at the rescheduling of cannabis for medicinal purposes. That is a good thing and it is long overdue. When we first interrogated the TGA about that possibility we were told that it was unlikely to happen. But I understand that there is now a review process, hopefully with the outcome of changing the scheduling around medicinal cannabis so that it is no longer an illegal substance.

      We do need to ensure that the TGA does its work but there are also a whole range of questions around the supply chain. While this legislation creates the framework to grow and manufacture the drug, there is nothing to outline what happens in terms of the supply chain of that drug. Where does it go? How does it get there? What is the role of community pharmacies? Will this drug be dispensed through community pharmacies? We do not know. Will it be dispensed through hospital pharmacies? We are not sure. Or will there be some other process? That work still needs to be done.

      Once this drug is made available—we hope through community pharmacies—then how will it be made available to patients? Will it be prescribed as per any other drug with a normal script? At the moment, it appears possible that there will be a special access program for particular patients and that doctors will need to achieve some sort of authorised prescriber status. But we are not sure, so that detail needs to be worked through. At the moment, this legislation allows us to grow and manufacture the drug but it is silent on the role of community pharmacies and the medical profession in terms of prescriptions. I understand work is being done there, but we do not know how much it will cost. As Senator Urquhart said previously, costs cannot be a barrier to access for this drug. We do not know what strains will be approved for use and so on. There is much more work needing to be done.

      So in the spirit of making sure this was not a partisan issue we approached the government and said that, if we are to make progress on this, we need to see the establishment of an independent advisory body to provide some advice and input to the relevant departments who are proceeding through the next steps. And, to their credit, the government and the health minister have agreed to the establishment of that independent advisory body. I think that is important. It allows those people who work in this space to ensure progress is being made. The advisory body will have an independent chair and members of the states and territories. The Victorian government, the New South Wales government and the Queensland government have all been very important in helping to put pressure on so that we get a national framework because it is critically needed. We are going to see scientists with expertise in cannabis pharmacology and toxicology on that advisory body. We will see community pharmacy on that advisory body and also people with expertise in prescribing pain management and end-of-life care. There will be people on that advisory body with expertise in the horticulture aspects and law enforcement. Most importantly, there will be patient representatives on that advisory body. That is an important step. We acknowledge that the government has supported that initiative and we want to thank the government for ensuring that that happens. So this is significant progress but there is much more that needs to be done.

      I am very proud to be part of a political party that for many years has had the courage to stand-up and advocate for this reform long before it became the flavour of the month, long before it was an issue that dominated state and federal parliaments. I want to pay special tribute to one of our state MPs, John Kaye, who is unwell at the moment. I hope you get better soon, John. John Kaye was instrumental in having this matter referred to the upper house of the New South Wales parliament for inquiry and ensuring that the matter was debated in the New South Wales upper house. This gave impetus to many of the reforms that we are seeing in the New South Wales parliament.

      I want to finish by congratulating the Haslam family for their tireless work. Your advocacy on this issue has been inspirational. The nation owes you a great debt. Many people right across the country will one day benefit from this medication in the same way they benefit from many other medications that are provided to them. They will not be made to feel like criminals. They will owe you a great debt. So thanks again to Lucy and the Haslam family in Tamworth. Your contribution here will be remembered always.

      Ultimately, we will not rest until this final test is met: when someone goes to the doctor with a condition for which we know medicinal cannabis provides significant relief, will their doctor be able to prescribe it in a timely way so that they can get relief? That will be the conclusion of the debate that has started today. Along with many other Australians, we will welcome that day.

      11:59 am

      Photo of Lisa SinghLisa Singh (Tasmania, Australian Labor Party, Shadow Parliamentary Secretary to the Shadow Attorney General) Share this | | Hansard source

      I gladly rise to speak in support of the Narcotics Drug Amendment Bill 2016. Labor is supporting this bill which makes a medicinal cannabis licensing scheme legal in Australia. A number of Labor members and senators, and other senators in this place, have been pushing for changes to this law for some time. The Commonwealth parliament, through this bill, is very much playing its part in helping to ensure that families will no longer have to access medicinal cannabis products illegally or on the black market and to ensure we have a regulated licensing scheme in Australia. Why? It is because I and so many others have heard from families, sufferers and people in pain their personal stories of pain and relief, with medicinal cannabis providing that relief. Why are we having this bill? It is because families should no longer have to find themselves caught between the risk of criminal action on the one hand and using an unreliable supply on the other, all the while knowing that their loved one will suffer if something does not change.

      So I rise to speak on this today in the hope that, in the coming months, states and territories in Australia will work together to ensure that medicinal cannabis is legal, safe and available to those in need. In passing this bill we are doing our part at the federal level but we also need the states to do theirs to make medicinal cannabis available to those families who need it most.

      This bill is a very first critical step that will enable medicinal cannabis to be produced in this country. Primarily it amends the Narcotic Drugs Act to permit the licensing of growers of medicinal cannabis in Australia and provides a fit-and-proper-person test to be applied to licences by the Department of Health.

      We know there is broad public support for making cannabis products available for medicinal purposes in Australia. There has been survey after survey and poll after poll that has proved that. But there has also been broad public support for having a regulatory system which ensures that Australian medicine is safe. I note that the AMA have previously called for a coordinated approach to medicinal cannabis and raised their concerns about previous bills.

      The experience of watching a loved one suffer is soul destroying. We feel their pain and their exhaustion and are often powerless to help. After listening to the overwhelming evidence and the personal stories from families during the Senate inquiry that I participated in last year with Senator Di Natale, Senator Ian Macdonald and Senator Urquhart, it was clear that legalisation was needed. So our laws need to change. Our current law does not reflect the reality that medicinal cannabis is already being used successfully as a form of pain relief and a means to control diseases, such as epilepsy.

      Nor is medicinal cannabis a new or controversial treatment. Indeed, until the 1970s even it was available in Australia. Evidence suggests that its medicinal properties were well recognised in ancient China, where physicians recommended it for the relief of constipation, gout, malaria and loss of appetite as well as an aid to childbirth. Cannabis was widely used for a variety of ailments, such as muscle spasms, menstrual cramps, rheumatism, convulsions, rabies and epilepsy. It was also used to promote uterine contractions in childbirth and as a sedative to induce sleep. So it has a long history and should not be controversial.

      As well, we can look at other jurisdictions internationally that have recognised the benefits of medicinal cannabis. Israel has a medicinal cannabis scheme under which medicinal cannabis is supplied to patients who are approved by the Israeli Ministry of Health through licensed growers in Israel who cultivate cannabis plants on a not-for-profit basis. Health Canada has granted access to cannabis for medicinal purposes to Canadians who have the support of their physicians. In the Netherlands, the government has licensed growers to produce standardised cannabis which is then prescribed by doctors and dispensed by pharmacists. So we can learn from other countries on how they have administered medicinal cannabis.

      As I said, the community support is so significant in Australia for the medicinal use of cannabis that this change has to happen sooner rather than later. The 2013 National Drug Strategy Household Survey by the Australian Institute of Health and Welfare found that around 70 per cent of respondents supported a change in legislation permitting the use of cannabis for medicinal purposes and 74 per cent of respondents were in favour of clinical trials into medical cannabis.

      Over the last 18 months I have been incredibly touched by the stories of patients using medicinal cannabis and those of their families supporting them. They are the human faces of devastating diseases who, for a variety of reasons, have found conventional medicines have not worked for them.

      Daniel Haslam was one of those individuals. Dan was a courageous young man who advocated fearlessly for the use of medicinal cannabis right up until his death. He was diagnosed with terminal cancer at just 20 years of age. He dedicated himself to promoting a cause he believed could bring some relief to people suffering from painful, life-threatening diseases such as his. In doing so, he advocated that conventions have not kept pace with scientific progress. Lucy Haslam, Dan's mum, presented compelling evidence to the Senate inquiry into medicinal cannabis last year. She said:

      I have spoken to cancer patients and I have spoken to people with MS who were ready to commit suicide but are now looking to go back to work.

      Lucy Haslam, your tireless work has helped us get to this point today. We owe you a great debt and gratitude for all of your advocacy for your family, for Dan and for everyone in the community. You have touched the lives of so many, including so many of us here, and have helped us get to this point.

      In my home state of Tasmania Nicole Cowles has also been an inspiring advocate on behalf of her daughter, Alice, who suffers from extreme seizures. Nicole testified to the significant improvement in Alice's condition after beginning treatment with medicinal cannabis. Her story joins many I have heard in Tasmanian of grandmas with severe back pain who no longer needs conventional painkillers, of mothers with substantial shakes who have been able to reinvigorate their lives and of others who have experienced relief from pain, seizures, shakes, cancer and depression. I have sat with these people as they told me their remarkable stories. Some were brought back from the edge and are able to live again because of the benefits of medicinal cannabis. Listening to their stories reminded me of the pain and the suffering that my godmother, who had rheumatoid arthritis, suffered with for so many years. She passed away a couple of years ago now. I wonder what relief she may have found if medicinal cannabis had been available to her. In meeting mothers, fathers, sons and daughters who are risking their livelihoods and freedom to secure safe, consistent tinctures to alleviate the pain or symptoms of their loved ones, I thought to myself, 'I would do the same.' Part of the risk with medicinal cannabis has been sourcing reliable medicine. Tinctures can vary in quality and efficacy, with the added risk of dodgy dealers taking advantage of vulnerable individuals. Then there are the white knights who have worked tirelessly to produce quality tinctures and give them to patients. I commend their courage and advocacy. Because of their work, I can stand here today in the hope of a nationally consistent scheme bringing numerous benefits to both patients and the community.

      It is critical for those patients who are suffering to be able to talk freely and openly with their medical practitioners about the benefits of this treatment. It also gives doctors further options for treatment in cases where conventional medicines have failed to work. This is highly beneficial not only for patients currently using medicinal cannabis but also for future patients. These may include people having cancer chemotherapy or suffering from HIV related illness, multiple sclerosis, spinal cord injury, epilepsy, diabetes, Alzheimer's or inflammatory bowel disease—the list goes on and on. There may be benefits that medicinal cannabis can provide to those suffering from disease and pain.

      The Narcotic Drugs Amendment Bill 2016 will bring additional benefits with the national licensing scheme creating two classes of licence: medicine and research. The creation of the research licence will enable further research and clinical trials such as the one in New South Wales, which is co-sponsored by Victoria and Queensland. Clinical evidence will help solidify the significant anecdotal evidence which supports the benefits of medicinal cannabis. With the importation of plants and seeds into Australia, the opportunity to refine and understand the different strains and their properties will be provided. Our understanding of the benefits of medicinal cannabis for a variety of ailments will be furthered, and that is so important. Coupled with the national scheme of cultivation for medicinal purposes, we will be giving this industry the best chance of creating effective, consistent medication. The legislation introduced will decriminalise the manufacturing of medicinal cannabis, but it also has the potential to create an inconsistency with state and territory laws. Each state and territory has different criminal laws around the possession and use of cannabis. They need to come to the party and change their laws. Currently, the use, possession, supply and trafficking of cannabis are prohibited in all states and territories, as they are proscribed by the crimes acts, codes and poisons acts in those various states.

      It is clear that, regardless of us passing this law today, it is only the first step. It still does not provide the treatment needed for those suffering pain in our communities. I urge the minister, after this part of the puzzle is solved, to take it up with those states and territories and get them on board. I certainly will do so in my own home state.

      In the last year in this place, I think there has been a higher level of leadership from a number of MPs and senators on medicinal cannabis, and that national leadership is needed. A patchwork of access arrangements cannot emerge across different states and territories. That is the whole point of having a federally legislated approach. We need a uniform system of laws, both medical and criminal, in relation to access to this drug. We also need uniform clinical guidelines to be developed, guidance on what products are produced and national leadership to deal with problems as they arise.

      Australia already has a vast experience in managing controlled substances such as growing poppies for the purpose of producing opiate based medicines. We also have the benefit and example of experience from our overseas partners, which I alluded to earlier. Growers' licences must be connected to the supply chain, meaning a grower will need to have an arrangement in place with a manufacturer in order to get a licence. Permits will be issued to control the amount of cannabis that is produced. The system will ensure that the oversupply of cannabis does not occur. The objective, of course, is to ensure that we do not have stockpiles of cannabis being produced and ending up being used for unlawful purposes. Similarly, a manufacturer must be able to demonstrate their connection to the supply chain, dispensing to the patient so that it is consistent with the Therapeutic Goods Act. We need the Commonwealth and the states and territories working together because they all have a role to play in ensuring that each aspect of the manufacture, use and possession of medicinal cannabis is legal.

      Having said all of that, of course medicinal cannabis is not a silver bullet to all the ailments that people suffer, but it is definitely a potential source of alleviating pain. I have listened to so many stories from family members who have shared the incredible turnaround that their loved ones have experienced from the simple application of a tincture of medicinal cannabis each day. It is time for Australia to follow suit of other nations and provide this alternative treatment, legally, to help alleviate the suffering of our loved ones.

      In closing, I would like to acknowledge some of the support that has already been given by state and territory leaders in our community, particularly by the former Premier in Tasmania, Lara Giddings, who has been tirelessly campaigning for medicinal cannabis at the Tasmanian level. She, like me, has seen the benefits it has provided to so many suffering in pain. I do not want all of that advocacy and leadership that has been on display by so many in those states and territories, particularly by Lara, to be in vain if we do not complete the puzzle that is needed to provide a federal legislated scheme. That is why it is so important that this bill is passed but that the states and territories then play their role.

      Finally, in the words of Lucy Haslam: 'Every time somebody dies in pain, that is a travesty that should not be happening. We can do something about this.' Lucy, we are here with you, trying so hard to do something about this and to make medicinal cannabis available in Australia as soon as possible so that so many people who are suffering no longer have to take cannabis illegally and so that they can have it provided to them by a practitioner. It can be another source of medicine that is available in our community. We already know the benefits that it provides, and we need it so much to be provided.

      12:16 pm

      Photo of Fiona NashFiona Nash (NSW, National Party, Minister for Rural Health) Share this | | Hansard source

      The Narcotic Drugs Amendment Bill provides a clear national licensing scheme allowing the locally controlled cultivation of cannabis for medicinal and scientific purposes. Importantly, this bill provides the critical 'missing piece' for the Commonwealth to enable a sustainable supply of safe medicinal cannabis products to Australian patients in the future. It is recognised that, while there are existing mechanisms by which medicinal cannabis from overseas can be accessed under Australian law, the problem is that limited supplies and export barriers in other countries have made this difficult.

      Under this scheme, a patient with a valid prescription can possess and use a medicinal cannabis product manufactured from cannabis plants legally cultivated in Australia where the supply is appropriately authorised under the Therapeutic Goods Act 1989 and relevant state and territory legislation. Further, the health department has proposed down-scheduling cannabis for therapeutic uses to schedule 8 of the Poisons Standard, which would also simplify arrangements around the legal possession of medicinal cannabis.

      The decision to treat any condition with a medicine is one that should be made in consultation with a medical professional who has weighed up the available medical and scientific evidence to determine if there is a likely benefit for their patient and whether that benefit outweighs the risks. The government's model puts the medical professional at the centre of clinical decision making, where they should be. This bill will allow medicinal cannabis products that are manufactured in Australia to be supplied for the purposes of clinical trials or to be prescribed for patients with particular conditions by medical practitioners authorised to do so by the Therapeutic Goods Administration.

      The bill also enables research in particular clinical trials to expand the evidence base so that more products could potentially be approved through the medicines registration processes under the Therapeutic Goods Act, provided they meet efficacy, safety and quality standards required for prescription medicines. As that evidence base expands, it is possible that more patients will be prescribed medicinal cannabis products if their doctor considers it appropriate.

      There are many advocates and everyday Australians who have played a tremendous and tireless role in bringing this important issue to the attention of the nation. I acknowledge my parliamentary colleagues from across the political spectrum who have come together in this place to work in a completely bipartisan fashion to ensure we are able to stand here on this historic day. I particularly want to acknowledge Senator Ian Macdonald for his tireless advocacy and also Kevin Anderson, the state member for Tamworth, for his dedicated work on this issue. I also want to acknowledge those in the department who have been tireless in working to bring this bill to fruition.

      In summary, this bill, in conjunction with established mechanisms, provides a secure supply chain from 'farm to pharmacy' that will give patients access to medicinal cannabis products. The bill is not about the legalisation or decriminalisation of cannabis for recreational use. Nor is this a discussion about making cannabis products available over the counter or outside of a discussion with a qualified doctor or through an approved clinical trial. It is important we maintain the same high safety standards for cannabis-derived products that we apply to any other medicine. I know many Australians would be concerned if medicinal cannabis products were to be subject to lower safety standards than common prescription painkillers or cholesterol medications. It is important to note that the manufacture of medicinal cannabis products will be subject to quality manufacturing requirements under the Therapeutic Goods Act. This bill, to allow the cultivation of legal medicinal cannabis crops in Australia under strict controls, strikes the right balance between patient access, community protection and our international obligations.

      I know, for many, there have been so many frustrations along the way and even times when they felt progress was not being made. However, today's outcome is a demonstration of this parliament's commitment ensure not only that we get access to a safe, legal and reliable supply of medicinal cannabis products for Australian patients but also that we get it right.

      I thank senators for their contributions to the debate on this bill.   

      Question agreed to.

      Bill read a second time.