Table 10: New offences under a Victorian medicinal cannabis scheme to be provided in the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and Drugs, Poisons and Controlled Substances Regulations 2006 (Vic) Conduct to be Section capturing Explanation prohibited conduct An authorised Section 71AC An authorised patient would only be patient supplies authorised to possess and use No new offence medicinal cannabis medicinal cannabis; if they supplied it required to an unauthorised to another person they would be person trafficking without being authorised. A carer supplies Section 71AC A nominated carer would only be medicinal authorised to possess medicinal cannabis No new offence cannabis to an and to administer it to their registered required unauthorised patient; if they supplied to another person person they would be trafficking without being authorised. A patient misleads Section 78 Additions may be required to reflect the or deceives to procedure ‘Authority Dispense’ Amendment required medical proposed for medicinal cannabis – practitioner in order presently references are only to to obtain an Authority prescriptions and orders. to Dispense to obtain medicinal cannabis A doctor seeks a Closest offence is r 8 An amendment or new provision would permit in relation to be required because regulation 8 refers New offence a patient who is not to a is required eligible for ‘prescription’. medicinal cannabis Medicinal practitioners who issued an Authority to Dispense medicinal cannabis would not be required to ‘prescribe’. Authorising a person who is ineligible should still be penalised. A pharmacist Sections 71 to 71AC Pharmacists would only be authorised to supplies cannabis possess and supply cannabis ‘medicinal No new offence products which were made under licence and products’ required not made under supplied by the Secretary of the government licence Department of Health and Human Services. Supply of other products would contravene the prohibition on trafficking. A person other than Sections 27, 71 to Only pharmacists would be authorised to a pharmacist 71AC supply medicinal cannabis products. supplies cannabis Anyone else who does so would engage No new offence products (whether or in: required not made under the sale of a poison or controlled • government licence) substance when not authorised or licensed to do so, and trafficking. • 229
Table 10: New offences under a Victorian medicinal cannabis scheme to be provided in the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and Drugs, Poisons and Controlled Substances Regulations 2006 (Vic) Conduct to be prohibited Section capturing conduct Explanation An authorised patient supplies medicinal cannabis to an unauthorised person Section 71AC No new offence required An authorised patient would only be authorised to possess and use medicinal cannabis; if they supplied it to another person they would be trafficking without being authorised. A carer supplies medicinal cannabis to an unauthorised person Section 71AC No new offence required A nominated carer would only be authorised to possess medicinal cannabis and to administer it to their registered patient; if they supplied to another person they would be trafficking without being authorised. A patient misleads or deceives medical practitioner in order to obtain an Authority to Dispense to obtain medicinal cannabis Section 78 Amendment required Additions may be required to reflect the ‘Authority to Dispense’ procedure proposed for medicinal cannabis – presently references are only to prescriptions and orders. A doctor seeks a permit in relation to a patient who is not eligible for medicinal cannabis Closest offence is r 8 New offence is required An amendment or new provision would be required because regulation 8 refers to a ‘prescription’. Medicinal practitioners who issued an Authority to Dispense medicinal cannabis would not be required to ‘prescribe’. Authorising a person who is ineligible should still be penalised. A pharmacist supplies cannabis products which were not made under government licence Sections 71 to 71AC No new offence required Pharmacists would only be authorised to possess and supply ‘medicinal cannabis products’ made under licence and supplied by the Secretary of the Department of Health and Human Services. Supply of other products would contravene the prohibition on trafficking. A person other than a pharmacist supplies cannabis products (whether or not made under government licence) Sections 27, 71 to 71AC No new offence required Only pharmacists would be authorised to supply medicinal cannabis products. Anyone else who does so would engage in: • the sale of a poison or controlled substance when not authorised or licensed to do so, and • trafficking. 229
VLRC_Medicinal_Cannabis_Report_web.docx