Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018

Last updated

Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018
Coat of arms of New Zealand.svg
New Zealand Parliament
Passed11 December 2018 [1]
Royal assent 17 December 2018 [1]
Commenced18 December 2018 [2]
Introduced by David Clark [1]
Status: Current legislation

The Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 (2018 No 54) is an Act of Parliament in New Zealand which amends the Misuse of Drugs Act 1975 to allow terminally-ill people to consume cannabis and to possess a cannabis utensil. The bill passed its third reading on 11 December 2018. [1] It was supported by the centre-left Labour Party and its coalition partners New Zealand First and the Green parties but was opposed by the opposition centre-right National Party. [3] [4] The Act received royal assent on 17 December and came into force on 18 December 2018. [5] [6]

Contents

Legislative features

The Misuse of Drugs (Medicinal Cannabis) Amendment Act amends the Misuse of Drugs Act 1975 to:

This Act intends to improve access to both medicinal cannabis and medicinal cannabis products of a quality standard. Cannabis compounds that are still classified as controlled drugs are tetrahydrocannabinols and related psychoactive substances. [5]

Both the populist New Zealand First and the left-wing Green Party secured concessions to the Amendment Act including the inclusion of anyone in palliative care rather than those defined as terminally ill and the establishment of a regulated local market that allows native strains of cannabis rather than imported cannabis products. The Minister of Health David Clark has also confirmed that medicinal cannabis products will be available on prescription. [4]

However, no individual may leave or enter New Zealand with illicit cannabis even if they have been diagnosed by a medical or nurse practitioner as requiring palliation. Individuals can still travel with one month's supply of medicines that are controlled drugs such as Sativex or three months' supply of medicines that are not controlled drugs (CBD products) provided they are able to show that the drugs have been lawfully supplied to them. [5]

History

Introduction

The Misuse of Drugs (Medicinal Cannabis) Amendment Bill was first introduced on 30 January 2018 by Health Minister David Clark. It passed its first reading and was referred to the parliamentary Health Committee. At that stage, the Bill was supported by both the Labour-led coalition government and the opposition centre-right National Party. [7] This Bill is not to be confused with Green MP Chlöe Swarbrick's similarly named Misuse of Drugs (Medical Cannabis and Other Matters) Amendment Bill, which did not pass its first reading on 31 January. [8]

Health Committee report

On 24 July 2018, the National Party withdrew its support for the Government's Bill and proposed its own an alternative bill which it claimed would set out a more comprehensive and well-researched regime regulating medicinal cannabis. National MP Shane Reti's bill proposed allowing medicinal cannabis products with the exception of loose leaf cannabis to be regulated the same way as medicine, classifying medicinal cannabis as pharmacist–only medicine, and giving doctors the right to issue identification cards that would allow patients to purchase medicinal cannabis. Health Minister Clark opposed the bill, claiming National was playing politics. [9] [10] [11]

On 25 July, the parliamentary Health Committee released its report to Parliament. Since the Committee was unable to reach an agreement on the Bill, it was unable to recommend the passage of the bill. The Health Committee received 1,786 written submissions on the bill with the vast majority expressing support for legalising medicinal cannabis. Only 1% opposed the intents of the bill. The Health Committee also heard 158 oral submissions, which were largely supportive of the bill. Submitters' concerns included expanding access to those with other medical conditions, the regulation of medicinal cannabis products, lack of a clear definition of terminal illnesses, and calls for a full risk assessment of cannabidioil. [12]

The Ministry of Health also recommended several amendments included providing a legal defence for the terminally ill to possess cannabis; setting regulations to prescribe standards for all stages of cultivation, production, and manufacture of cannabis; to allow the Director-General of Health to communicate information about the availability of medicinal cannabis products; maintaining a prohibition on tetrahydrocannabinols capable of inducing a psychoactive effect on individuals, and allowing CBD products to contain some non-psychoactive cannabinoids that are naturally found in cannabis. The Labour Party expressed support for the bill as a means of decriminalizing medicinal cannabis. While the National Party supported making medicinal cannabis more easily accessible, it expressed concerns about the wording of the bill and the manufacture, distribution, and eligibility of medicinal cannabis products. [12]

The cannabis law reform organization NORML New Zealand issued a submission voicing support for descheduling CBD products but allowing a wider 5% tolerance for other cannaboids to improve production and affordability; broadening the defence to include patients with terminal illnesses, chronic or debilitating medical conditions where the doctor has prescribed the use of cannabis; allowing the cultivation of cannabis; and taking a herbal remedy approach towards non-pharmaceutical cannabis products. While supportive of the Government's proposed Medicinal Cannabis Access Scheme, it advocated a "patient-focused regime" that allowed local cultivation as opposed to what it termed a "corporate pharmaceutical-style scheme." [13]

Second Reading

Following the Health Committee's report, the Bill passed its second reading on 29 November 2018. [14] The Bill was supported by the ruling coalition parties and National, which had reversed its previous opposition on the condition that some of its own legislation including those pertaining to banning of smoking "loose-leaf" cannabis be incorporated into the final bill. During its second reading, the revised Bill incorporated several changes including extending the use of medicinal cannabis to all needing palliative care; require that regulations for a Medicinal Cannabis Scheme be set up within a year after the law comes into effect; permit the use of cannabis varieties already available in New Zealand to be used for medicinal products; and revising THC thresholds for CBD medicinal products. [15] [16]

The Bill was subsequently referred to the Committee of the whole House on 5 December 2018. [1]

Third reading

On 11 December, the Misuse of Drugs (Medicinal Cannabis) Bill passed its third reading. The bill was supported by Labour, New Zealand First and the Greens (63) but opposed by National (53). NZ First health spokesperson Jenny Marcroft praised the inclusion of anyone in palliative care under the bill as a compassionate approach that would provide 25,000 people with a defence for using medicinal cannabis. Greens drug reform spokesperson Chloe Swarbrick said the bill would allow the development of a domestic market for regulated cannabis products. Health Minister and bill initiator David Clark stated that the bill would allow medicinal cannabis to be made available on prescription. [4]

By contrast, National claim that the bill amounted to the decriminalisation of cannabis by stealth, "We support medicinal cannabis but strongly oppose the smoking of loose leaf cannabis in public. Smoked loose leaf is not a medicine" said spokesman Shane Reti. [3]

Royal Assent

On 17 December, the act received royal assent and commenced the following day. [1] [17]

Referendum on recreational consumption of cannabis

Also on 18 December, the Government announced that a nationwide, binding referendum on recreational consumption of cannabis would be held as part of the 2020 general election. [18] [19] [20]

Related Research Articles

<span class="mw-page-title-main">Aotearoa Legalise Cannabis Party</span> New Zealand political party

Aotearoa Legalise Cannabis Party (ALCP), also known as the Cannabis Party, is a political party in New Zealand. It is dedicated to the legalisation of cannabis for medical, recreational and industrial use. It was founded in 1996 and has stood in every general election since, but has never won representation in Parliament. Several of its members have gone on to political success after leaving the party.

<span class="mw-page-title-main">Misuse of Drugs Act 1975</span> Act of Parliament in New Zealand

The Misuse of Drugs Act 1975 is a New Zealand drug control law that classifies drugs into three classes, or schedules, purportedly based on their projected risk of serious harm. However, in reality, classification of drugs outside of passing laws, where the restriction has no legal power, is performed by the governor-general in conjunction with the Minister of Health, neither of whom is actually bound by law to obey this restriction.

<span class="mw-page-title-main">Nicky Wagner</span> New Zealand teacher, businesswoman and politician

Nicola Joanne Wagner is a New Zealand teacher, businesswoman and politician. She represented the Christchurch Central electorate for the New Zealand National Party in the New Zealand Parliament.

<span class="mw-page-title-main">David Bennett (New Zealand politician)</span> New Zealand politician

David Allister Bennett is a New Zealand former National Party politician. He was the Member of Parliament for Hamilton East from 2005 to 2020 and a list MP from 2020 to 2023. He was Minister for Food Safety and Minister of Veterans' Affairs in the final year of the Fifth National Government.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Cannabis in New Zealand</span> Use of cannabis in New Zealand

The use of cannabis in New Zealand is regulated by the Misuse of Drugs Act 1975, which makes unauthorised possession of any amount of cannabis a crime. Cannabis is the fourth-most widely used recreational drug in New Zealand, after caffeine, alcohol and tobacco, and the most widely used illicit drug. In 2001 a household survey revealed that 13.4% of New Zealanders aged 15–64 used cannabis. This ranked as the ninth-highest cannabis consumption level in the world.

<span class="mw-page-title-main">Medical cannabis in the United States</span> Use of cannabis for medical purposes in the United States

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">Cannabis in Australia</span> Recreational and medicinal drug use

Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2019, 36% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6% had used cannabis in the last 12 months.

<span class="mw-page-title-main">NORML New Zealand</span> Cannabis law reform organisation

NORML New Zealand is a cannabis law reform organisation in New Zealand. It is a National Chapter of the National Organization for the Reform of Marijuana Laws (NORML).

Ian Robert Flockhart McKelvie is a New Zealand politician. He represented the National Party in the New Zealand House of Representatives from 2011 to 2023.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Utah</span> Legality, use and culture of cannabis in the U.S. state of Utah

Cannabis in Utah is illegal for recreational use. Possession of small amounts is punishable as a misdemeanor crime. Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited "right to try" law was passed in March 2018.

<span class="mw-page-title-main">Cannabis in Iowa</span> Legality, use and culture of cannabis in the U.S. state of Iowa

Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.

<span class="mw-page-title-main">Cannabis in Indiana</span> Legality, use and culture of cannabis in the U.S. state of Indiana

Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $1000.

Cannabis in Ireland is illegal for recreational purposes. Use for medical purposes requires case-by-case approval by the Minister for Health. A bill to legalise medical uses of cannabis passed second reading in Dáil Éireann in December 2016, but was rejected by the Oireachtas Health Committee in 2017.

<span class="mw-page-title-main">Chlöe Swarbrick</span> New Zealand politician

Chlöe Charlotte Swarbrick is a New Zealand politician. Following a high-profile but unsuccessful run for the 2016 Auckland mayoral election, she became a parliamentary candidate for the Green Party of Aotearoa New Zealand, standing in the 2017 New Zealand general election and was elected as a member of the New Zealand Parliament at the age of 23. In the 2020 election, Swarbrick was elected as the Member of Parliament for Auckland Central, becoming the second Green Party MP ever to win an electorate seat, and the first without a tacit endorsement from a major party leader. She retained Auckland Central in the 2023 election. In March 2024, she was elected co-leader of the Green Party.

<span class="mw-page-title-main">52nd New Zealand Parliament</span> Meeting of the New Zealand Parliament

The 52nd New Zealand Parliament was a meeting of the legislature in New Zealand, which opened on 7 November 2017 following the 2017 general election and dissolved on 6 September 2020. The New Zealand Parliament comprises the Sovereign and the House of Representatives, which consists of 120 members.

<span class="mw-page-title-main">2020 New Zealand cannabis referendum</span> Referendum in New Zealand

The 2020 New Zealand cannabis referendum was a non-binding referendum held on 17 October 2020 in conjunction with the 2020 general election and a euthanasia referendum, on the question of whether to legalise the sale, use, possession and production of recreational cannabis. It was rejected by New Zealand voters. The form of the referendum was a vote for or against the proposed "Cannabis Legalisation and Control Bill". Official results were released by the Electoral Commission on 6 November 2020 with 50.7% of voters opposing the legalisation and 48.4% in support.

<span class="mw-page-title-main">Cannabis in Seychelles</span> Use of cannabis in Seychelles

Cannabis in Seychelles is illegal, with cultivation, possession and sale of the substance banned. Regardless of this, the controlled substance has seen continual use within Seychelles, with statistics indicating that more than a quarter of the nation's population are users of the drug, as well as use evident amongst adolescents. The drug is ingested in a variety of forms for medicinal or recreational use.

<span class="mw-page-title-main">End of Life Choice Act 2019</span> Act of Parliament in New Zealand

The End of Life Choice Act 2019 is an Act of Parliament in New Zealand that gives people with a terminal illness the option of receiving assisted suicide or euthanasia. The act came into force on 7 November 2021, twelve months after the 2020 euthanasia referendum was declared in favour of the legislation.

References

  1. 1 2 3 4 5 6 7 "Misuse of Drugs (Medicinal Cannabis) Amendment Bill". New Zealand Parliament . Retrieved 30 December 2018.
  2. ↑ "Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 (2018 No 54)". www.legislation.govt.nz. House of Representatives. 17 December 2018. Retrieved 24 February 2019– via New Zealand Legislation, Parliamentary Counsel Office.
  3. 1 2 Bennett, Lucy (11 December 2018). "Medicinal cannabis bill passes third reading". New Zealand Herald . Retrieved 28 December 2018.
  4. 1 2 3 Bateman, Sophie (11 December 2018). "Parliament passes medicinal cannabis Bill, promises regulated market and legal defence". Newshub . Retrieved 30 December 2018.
  5. 1 2 3 4 "Misuse of Drugs (Medicinal Cannabis) Amendment Act". Ministry of Health . Retrieved 30 December 2018.
  6. ↑ "Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 (2018 No 54)". www.legislation.govt.nz. House of Representatives. 17 December 2018. Retrieved 24 February 2019– via New Zealand Legislation, Parliamentary Counsel Office. Section 2
  7. ↑ "Misuse of Drugs (Medicinal Cannabis) Amendment Bill — First Reading". New Zealand Parliament . Retrieved 30 December 2018.
  8. ↑ "Changes to New Zealand's drug laws proposed by medicinal cannabis bill". New Zealand Parliament . Retrieved 31 December 2018.
  9. ↑ Moir, Jo (25 July 2018). "National reveals details of medicinal cannabis bill". Radio New Zealand . Retrieved 31 December 2018.
  10. ↑ Cooke, Henry (25 July 2017). "National cannabis bill would not allow any smoking". Stuff.co.nz . Retrieved 31 December 2018.
  11. ↑ Trevett, Claire (24 July 2018). "National pulls support on medicinal marijuana bill, propose own measure". New Zealand Herald . Retrieved 31 December 2018.
  12. 1 2 "Misuse of Drugs (Medicinal Cannabis) Amendment Bill: Report of the Health Committee". New Zealand Parliament. 25 July 2018. Retrieved 31 December 2018.
  13. ↑ "NORML's submission on the Govt's medicinal cannabis bill". NORML New Zealand . Retrieved 31 December 2018.
  14. ↑ "Misuse of Drugs (Medicinal Cannabis) Amendment Bill — Second Reading". New Zealand Parliament . Retrieved 30 December 2018.
  15. ↑ Bennett, Lucy (29 November 2018). "Medicinal cannabis bill expanded, passes second reading". New Zealand Herald . Retrieved 31 December 2018.
  16. ↑ "National supports 2nd reading of Medicinal Cannabis Bill". New Zealand National Party. Scoop. 29 November 2018. Retrieved 31 December 2018.
  17. ↑ "Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 (2018 No 54)". www.legislation.govt.nz. House of Representatives. 17 December 2018. Retrieved 24 February 2019– via New Zealand Legislation, Parliamentary Counsel Office.
  18. ↑ "New Zealand to hold cannabis referendum". BBC News. 20 October 2017. Retrieved 23 October 2017.
  19. ↑ "We could see legalised marijuana and free university under New Zealand's new PM". Abc.net.au. 21 October 2017. Retrieved 23 October 2017.
  20. ↑ "Binding referendum on legalising cannabis for personal use to be held at 2020 election". Radio New Zealand. 18 December 2018. Retrieved 18 December 2018.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.