EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
(Ms Kerrie Tucker)
Drugs of Dependence Amendment Bill 2004

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New part 9A	2
	5	Cultivation of prohibited plants
New section 162 (6)	4
	6	Sale or supply—cannabis
New section 165 (2A)	4
	7	Prohibited substances—possession, administration and disposal
New section 171 (4) (da)	5
	8	New section 171 (4A)	5

EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
(Ms Kerrie Tucker)
Drugs of Dependence Amendment Bill 2004

A Bill for
An Act to amend the Drugs of Dependence Act 1989

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Drugs of Dependence Amendment Act 2004.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Drugs of Dependence Act 1989.
4	New part 9A
insert
Part 9A	Cannabis medical treatment
159A	Definitions for pt 9A
In this part:
cannabis medical treatment means the administration of cannabis for a medical condition, and includes palliative care.
cannabis medical treatment permit means a permit issued under section 159C.
palliative care includes treatment for the relief of pain, suffering and discomfort in relation to a person’s medical condition.
159B	Doctor may recommend cannabis medical treatment permit
	(1)	If a doctor is satisfied that a patient needs cannabis medical treatment for a current medical condition, the doctor may, with the patient’s consent, recommend to the chief health officer that the chief health officer issue a cannabis medical treatment permit for the patient.
	(2)	A recommendation under subsection (1) must be in writing and must—
	(a)	state the name and address of—
	(i)	the patient; and 
	(ii)	the patient’s primary caregiver (if any); and
	(b)	identify the patient’s current medical condition for which cannabis medical treatment is recommended; and
	(c)	recommend the amount of cannabis required to treat the medical condition; and
	(d)	give any other information that—
	(i)	the chief health officer requires; or
	(ii)	is prescribed under the regulations.
159C	Chief health officer may issue cannabis medical treatment permit
	(1)	If the chief health officer receives a recommendation under section 159B, the chief health officer must carry out any inquiries that he or she considers necessary to properly decide whether to issue a cannabis medical treatment permit.
	(2)	After considering the recommendation and carrying out any inquiries under subsection (1), the chief health officer may issue a cannabis medical treatment permit to the patient or the primary caregiver named in the recommendation.
	(3)	The permit may be issued subject to any conditions that—
	(a)	the chief health officer considers appropriate; or
	(b)	are prescribed under the regulations.
159D	Licence to cultivate etc cannabis for medical treatment
	(1)	If the chief health officer issues a cannabis medical treatment permit, the chief health officer may give a person a licence to cultivate, sell, buy, supply, possess or administer cannabis for the purpose of cannabis medical treatment under the permit.
	(2)	The licence may be given subject to any conditions that—
	(a)	the chief health officer considers appropriate; or
	(b)	are prescribed under the regulations.
5	Cultivation of prohibited plants
New section 162 (6)
insert
	(6)	This section does not apply to the cultivation of cannabis in accordance with a licence given under section 159D (Licence to cultivate etc cannabis for medical treatment).
6	Sale or supply—cannabis
New section 165 (2A)
substitute
	(2A)	Subsection (1) also does not apply to—
	(a)	the sale, supply or possession of cannabis by a person in accordance with a licence given under section 159D (Licence to cultivate etc cannabis for medical treatment); or
	(b)	the possession of cannabis by a patient for whom there is a current cannabis medical treatment permit issued under section 159C (Chief health officer may issue cannabis medical treatment permit); or
	(c)	if the holder of the cannabis medical treatment permit is the primary caregiver of the patient—
	(i)	the sale or supply of cannabis by the caregiver to the patient; and 
	(ii)	the possession of cannabis by the caregiver for that sale or supply.
7	Prohibited substances—possession, administration and disposal
New section 171 (4) (da)
insert
	(da)	a person who possesses cannabis in accordance with—
	(i)	a licence given under section 159D (Licence to cultivate etc cannabis for medical treatment); or
	(ii)	a cannabis medical treatment permit issued under section 159C (Chief health officer may issue cannabis medical treatment permit).
8	New section 171 (4A)
insert
	(4A)	Subsections (2) and (3) do not apply to the administration of cannabis in accordance with a cannabis medical treatment permit issued under section 159C (Chief health officer may issue cannabis medical treatment permit).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.