Purpose Explanation or Various rules in the Act apply to and controlled Amend ‘poison ‘poisons substances’ controlled as a class, the definition applying to all scheduled medicines. to It is desirable for the bulk of these rules to also apply to substance’ include medicinal medicinal cannabis. cannabis Where rules should not apply to medicinal cannabis, a specific exemption has been suggested, as occurs with other scheduled medicines. Exempt The Commission regards it as appropriate to treat medicinal medicinal cannabis as a wholly separate of medicine. This allows ‘schedule’ cannabis from rules applying to different schedules of medicine to be applied to the poisons medicinal cannabis as is desired, and also permits new rules schedules specific to medicinal cannabis to be created. This could be achieved by introducing medicinal cannabis into Part 3 of the Poisons List, in reliance on s 12A(1)(b) of the Act. Exempt medicinal Medicinal cannabis medicines should not be subject to the cannabis from the rules about labelling, containing, storing, packaging, SUSMP’s offences the Act and advertising. New rules will be created under the Victorian imposes for scheme. breaching the This would require an additional provision to be introduced into s Commonwealth 27A Standard for the of the Act. Uniform Scheduling of Medicines and Poisons’ rules with respect to the labelling, containing, storing and packaging, and advertising of poisons Add medicinal Registered nurses are currently permitted to manage the and controlled cannabis to the rules administration of drugs of dependence, Schedule 4, 8 and 9 substances about registered poisons that have been prescribed to residents of aged care nurses administering services who are in high-level residential care. certain medicines to A new section may be required to ensure registered nurses can residents in aged administer medicinal cannabis. Section 36E refers to ‘prescription’ care services who and are in high-level s 36F refers to national guidelines of the Nursing and Midwifery residential care Board. These may not be features of a Victorian medicinal Exempt the medicinal cannabis Like the poppy scheme. scheme and the low-THC hemp scheme, it is not cannabis scheme desirable to require the Secretary to make public the details of from the requirement licence- holders under a Victorian medicinal cannabis scheme. that the Secretary of Section 118 of the Act is used to exempt the poppy scheme and the Department of can be used to similarly exempt medicinal cannabis Health maintain a public list of persons holding licenses, permits or warrants. 222
Purpose Explanation Amend ‘poison or controlled substance’ to include medicinal cannabis Various rules in the Act apply to ‘poisons and controlled substances’ as a class, the definition applying to all scheduled medicines. It is desirable for the bulk of these rules to also apply to medicinal cannabis. Where rules should not apply to medicinal cannabis, a specific exemption has been suggested, as occurs with other scheduled medicines. Exempt medicinal cannabis from the poisons schedules The Commission regards it as appropriate to treat medicinal cannabis as a wholly separate ‘schedule’ of medicine. This allows rules applying to different schedules of medicine to be applied to medicinal cannabis as is desired, and also permits new rules specific to medicinal cannabis to be created. This could be achieved by introducing medicinal cannabis into Part 3 of the Poisons List, in reliance on s 12A(1)(b) of the Act. Exempt medicinal cannabis from the offences the Act imposes for breaching the Commonwealth Standard for the Uniform Scheduling of Medicines and Poisons’ rules with respect to the labelling, containing, storing and packaging, and advertising of poisons and controlled substances Medicinal cannabis medicines should not be subject to the SUSMP’s rules about labelling, containing, storing, packaging, and advertising. New rules will be created under the Victorian scheme. This would require an additional provision to be introduced into s 27A of the Act. Add medicinal cannabis to the rules about registered nurses administering certain medicines to residents in aged care services who are in high-level residential care Registered nurses are currently permitted to manage the administration of drugs of dependence, Schedule 4, 8 and 9 poisons that have been prescribed to residents of aged care services who are in high-level residential care. A new section may be required to ensure registered nurses can administer medicinal cannabis. Section 36E refers to ‘prescription’ and s 36F refers to national guidelines of the Nursing and Midwifery Board. These may not be features of a Victorian medicinal cannabis scheme. Exempt the medicinal cannabis scheme from the requirement that the Secretary of the Department of Health maintain a public list of persons holding licenses, permits or warrants. Like the poppy scheme and the low-THC hemp scheme, it is not desirable to require the Secretary to make public the details of licence- holders under a Victorian medicinal cannabis scheme. Section 118 of the Act is used to exempt the poppy scheme and can be used to similarly exempt medicinal cannabis 222
VLRC_Medicinal_Cannabis_Report_web.docx