The bill proposes to improve access to medicinal cannabis in Australia by amending the regulatory framework to allow any medical practitioner to prescribe it, increase the allowable THC levels in cannabis products, and enable over-the-counter sales of certain cannabis products at pharmacies and veterinary clinics.
The Improving Access to Medicinal Cannabis Bill 2023 amends the Therapeutic Goods (Poisons Standard—February 2023) Instrument 2023 to re-schedule medicinal cannabis to Schedule 4, allowing prescription by any medical practitioner. The bill redefines cannabis to allow a higher THC level, up to 1%, aligning Commonwealth law with state laws. It allows cannabis products with less than 1% THC and 10% CBD to be sold over the counter to adults at pharmacies and veterinary clinics. The bill removes the need for the Approved Prescriber Scheme and Special Access Scheme for medicinal cannabis and retains hemp as a food product with existing limits. Schedule 8 entries for nabiximols and tetrahydrocannabinols are moved to Schedule 4, facilitating prescription and aligning with international obligations under drug control conventions. The bill aims to balance control with access, ensuring compliance with international obligations while improving availability of cannabis for medical use.
Normative Bases- Non-Discrimination
- Pro-Democracy
- Healthcare
The bill enhances equitable access to medicinal cannabis by allowing any medical practitioner to prescribe it, thus eliminating geographic and bureaucratic barriers that previously limited access, particularly for those in rural and remote areas. This promotes the principle of non-discrimination in healthcare access [Judgment]. By simplifying the regulatory framework, the bill empowers patients and medical professionals, fostering a more democratic healthcare system where decisions are made by those directly involved in patient care. Furthermore, the bill aligns with international obligations to ensure the availability of medical cannabis, promoting better health outcomes for patients with conditions that benefit from its use.
Normative Bases- Value-Neutral / Epistemic Objection
While the bill seeks to improve access, it may inadvertently lead to increased misuse or diversion of cannabis products, raising concerns about public health and safety. The reduction in regulatory oversight might compromise the quality and consistency of cannabis products, potentially harming patients if substandard products enter the market [Judgment]. Additionally, removing the Special Access Scheme could limit the ability to monitor and control cannabis use, undermining efforts to ensure that medicinal cannabis is used appropriately and safely.
Sponsor:
HANSON, Sen Pauline
Categories:
Healthcare, Discrimination / Human Rights, Criminal Law Reform
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