6.28 The way in which specific risks would be addressed under the proposed scheme is set out in the following table: Table 2: Risks associated with cultivation of medicinal cannabis and the regulatory responses proposed to control these risks Risk Regulatory response Risk management plan addresses facility Diversion occurs because of criminal intervention by third security measures, location, secrecy, parties (potentially causing risks to surveillance public safety) Diversion occurs because of Risk management plan addresses criminal conduct by employees assessment, training and supervision of or contractors employees and contractors Criminal record checks required for employees Licence conditions require destruction of unused cannabis Diversion occurs because of Fit and proper person test before licence criminal conduct by is granted managers/owners Chief Commissioner of Police has veto power Licence conditions require: that all cannabis cultivated is delivered • to a licensed manufacturer or destroyed that all unused cannabis is destroyed • Diversion occurs during transport Risk management plan addresses how transportation will be securely undertaken Cannabis grown is of poor quality Addressed through quality control regime 6.29 Controlling diversion to the illicit market is also a requirement of international law. The Single Convention on Narcotic Drugs requires states to such measures ‘adopt as may be necessary to prevent the misuse of, and illicit traffic in, the leaves of the cannabis plant’.30 6.30 As observed in consultations, the scheme must be designed to control the risk that cannabis will be diverted to the illicit market at in the supply chain.31 This ‘weak points’ requires careful assessment, properly resourced. It would be inappropriate merely to duplicate the policies associated with the alkaloid poppy scheme, because the risks associated with cultivating poppies are different from those associated with the cultivation of cannabis. For example: Cannabis with significant THC content can readily be used illicitly, while alkaloid • poppies require sophisticated processing, making cannabis a more attractive target for theft.32 The waste products of medicinal cannabis production (the leaves) have value • on the illicit market, if they have significant THC content, while poppy straw remnants do not. Medicinal cannabis tends to be grown indoors, while alkaloid poppies are • grown in the field, meaning the risk of theft of cannabis by third parties is lower. 154
6.28 The way in which specific risks would be addressed under the proposed scheme is set out in the following table: Table 2: Risks associated with cultivation of medicinal cannabis and the regulatory responses proposed to control these risks Risk Regulatory response Diversion occurs because of criminal intervention by third parties (potentially causing risks to public safety) Risk management plan addresses facility security measures, location, secrecy, surveillance Diversion occurs because of criminal conduct by employees or contractors Risk management plan addresses assessment, training and supervision of employees and contractors Criminal record checks required for employees Licence conditions require destruction of unused cannabis Diversion occurs because of criminal conduct by managers/owners Fit and proper person test before licence is granted Chief Commissioner of Police has veto power Licence conditions require: • that all cannabis cultivated is delivered to a licensed manufacturer or destroyed • that all unused cannabis is destroyed Diversion occurs during transport Risk management plan addresses how transportation will be securely undertaken Cannabis grown is of poor quality Addressed through quality control regime 6.29 Controlling diversion to the illicit market is also a requirement of international law. The Single Convention on Narcotic Drugs requires states to ‘adopt such measures as may be necessary to prevent the misuse of, and illicit traffic in, the leaves of the cannabis plant’.30 6.30 As observed in consultations, the scheme must be designed to control the risk that cannabis will be diverted to the illicit market at ‘weak points’ in the supply chain.31 This requires careful assessment, properly resourced. It would be inappropriate merely to duplicate the policies associated with the alkaloid poppy scheme, because the risks associated with cultivating poppies are different from those associated with the cultivation of cannabis. For example: • Cannabis with significant THC content can readily be used illicitly, while alkaloid poppies require sophisticated processing, making cannabis a more attractive target for theft.32 • The waste products of medicinal cannabis production (the leaves) have value on the illicit market, if they have significant THC content, while poppy straw remnants do not. • Medicinal cannabis tends to be grown indoors, while alkaloid poppies are grown in the field, meaning the risk of theft of cannabis by third parties is lower. 154
VLRC_Medicinal_Cannabis_Report_web.docx