Conduct to be Section capturing Explanation prohibited conduct A person other Sections 72 to Under the scheme, only licensed than a licensed cultivators would be authorised to No new offence cultivator grows cultivate cannabis for medicinal required cannabis for purposes. Anyone else who does so medicinal purposes engages in cultivating a narcotic plant without being authorised or licensed to do so. A person other than Sections 23, 71 to Under the scheme, only licensed a licensed 71AC manufacturers would be authorised to manufacturer manufacture medicinal cannabis No new offence produces medicinal products. Anyone else who did so would required cannabis products engage in: trafficking a drug of dependence in • contravention of s 71AC (manufacture is within the meaning of traffick) and the manufacture of a poison • or controlled substance when not authorised or licensed to do so in contravention of 23. If the manufacturer did not have a licence from the Commonwealth, they would also probably breach the Narcotic Drugs Act An employee of a Crimes Act 1958 (Vic) This would be theft. If the cannabis was 1967 (Cth). cultivator or s 74 sold or given to a third party it would also manufacturer be trafficking. No new offence misappropriates required cannabis without authority of the employer or outside of the terms of their statutory authorisation A licensed cultivator Sections 71 to 71AC This conduct would be outside what or manufacturer cultivators and manufacturers are No new offence supplies cannabis to licensed to do, and would therefore required someone other than a amount to trafficking in a drug of licensed dependence. manufacturer/the Office of Medicinal Cannabis A person represents The closest offence This conduct would punish persons that a product they is that of who sold unapproved medicinal ‘trafficking’ are selling is an in sections 71 to cannabis products under false approved medicinal 71AC pretences. Such conduct would be cannabis product trafficking in a drug of New offence could when it is not. dependence in a way that is unauthorised be created by the Act and captured by ss 71 to 71AC. If the government wished to punish this offence differently or make the fault elements of the offence clearer, it could create a new offence covering this 230 conduct.
Conduct to be prohibited Section capturing conduct Explanation A person other than a licensed cultivator grows cannabis for medicinal purposes Sections 72 to No new offence required Under the scheme, only licensed cultivators would be authorised to cultivate cannabis for medicinal purposes. Anyone else who does so engages in cultivating a narcotic plant without being authorised or licensed to do so. A person other than a licensed manufacturer produces medicinal cannabis products Sections 23, 71 to 71AC No new offence required Under the scheme, only licensed manufacturers would be authorised to manufacture medicinal cannabis products. Anyone else who did so would engage in: • trafficking a drug of dependence in contravention of s 71AC (manufacture is within the meaning of traffick) • and the manufacture of a poison or controlled substance when not authorised or licensed to do so in contravention of 23. If the manufacturer did not have a licence from the Commonwealth, they would also probably breach the Narcotic Drugs Act 1967 (Cth). An employee of a cultivator or manufacturer misappropriates cannabis without authority of the employer or outside of the terms of their statutory authorisation Crimes Act 1958 (Vic) s 74 No new offence required This would be theft. If the cannabis was sold or given to a third party it would also be trafficking. A licensed cultivator or manufacturer supplies cannabis to someone other than a licensed manufacturer/the Office of Medicinal Cannabis Sections 71 to 71AC No new offence required This conduct would be outside what cultivators and manufacturers are licensed to do, and would therefore amount to trafficking in a drug of dependence. A person represents that a product they are selling is an approved medicinal cannabis product when it is not. The closest offence is that of ‘trafficking’ in sections 71 to 71AC New offence could be created This conduct would punish persons who sold unapproved medicinal cannabis products under false pretences. Such conduct would be trafficking in a drug of dependence in a way that is unauthorised by the Act and captured by ss 71 to 71AC. If the government wished to punish this offence differently or make the fault elements of the offence clearer, it could create a new offence covering this conduct. 230