Right: cannabis oil has been claimed to be an effective treatment for epilepsy and other illnesses in children, but many doctors warn against the use of the substance because of side effects and even possible addiction.
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Background information
(Some of the information presented below has been taken from the Wikipedia entry 'Cannabis in Australia'. The full entry can be accessed at http://en.wikipedia.org/wiki/Cannabis_in_Australia
The details of the Victorian Government's policy are taken from a Victorian Labor media release dated August 25, 2014.
The full text can be accessed at https://www.viclabor.com.au/news/labor-medical-cannabis-should-be-legal/
What is Cannabis?
Cannabis, or marijuana, is the most commonly used illegal drug. It comes from the Cannabis sativa plant. It can be smoked or eaten, and comes in a variety of forms, such as dried plant leaves and flowers ('heads'), a crumbly, light-brown or dark-brown resinous material called 'hash', or a very potent oil called 'hash oil'. It can also be distilled to produce a tincture.
The chemical in cannabis that makes users feel 'high' is called THC (delta-9 tetrahydrocannabinol). THC is a psychoactive substance, which means that it travels in a person's bloodstream to the brain. It disrupts normal brain functioning and causes certain intoxicating effects.
The legal status of cannabis in Australia
Low-potency cannabis grown agriculturally for use as industrial hemp is legal to grow, transport and process in all states and territories of Australia, provided one has the correct government licenses. Hemp products such as clothes and paper are legal to sell at a retail level without specific licenses. Using agricultural cannabis for drug purposes is illegal.
In Victoria, Tasmania, Queensland, New South Wales and Western Australia; non-industrial cannabis is criminalized, although prison sentences for small amounts are rare. More commonly in these regions, first or second-time offenders caught with small amounts will be offered treatment and can avoid any criminal sentence or a criminal record. Repeat offenders caught with small amounts are likely to be fined and forced into treatment rather than sent to jail, though they may still obtain a criminal record. South Australia has officially decriminalized personal use of non-industrial cannabis, although this is a poorly defined law. Northern Territory and the Australian Capital Territory have also decriminalized small amounts of non-industrial cannabis, and small amounts of non-hydroponically grown plants. In all regions, offenders caught with large amounts are considered to be trafficking and are much more likely to have a jail sentence handed down
Medicinal cannabis in Australia
There is no current law allowing the medical use of cannabis in Australia, and the federal law regarding drug use places marijuana in Schedule 9 (the most restrictive category, which also includes heroin), meaning it has no legal medical use and cannot be prescribed by a doctor. Drugs in the other schedules are considered to have medical uses (for instance cocaine, morphine and amphetamine) and can be prescribed.
Cannabis users who claim to use the plant for medical purposes are treated the same as anyone else using non-industrial cannabis. Nevertheless, questions remain about the scope for defences argued on the basis of medical use.
Federal laws and bodies such as the Therapeutic Goods Administration govern the regulation of drugs.
Medicinal cannabis and New South Wales
In May 2013 a New South Wales parliamentary committee recommended the use of medically-prescribed cannabis for terminally ill patients and supported the legalisation of cannabis-based pharmaceuticals. As part of the recommendation, the committee called upon the cooperation of the federal Australian government for a scheme that would allow patients to possess up to 15 grams of cannabis. Both the patients and their carers would be required to obtain a certificate from a specialist, registration with the Department of Health and a photo Identification card.
In December 2014 it was announced that the New South Wales Government would fund trials of cannabis's use on children with severe epilepsy and terminally ill adults and chemotherapy patients who suffer nausea and vomiting as a result of their treatment. The trials are expected to begin after September, 2015. New South Wales premier, Mike Baird, said up to $9 million would be spent on at least three trials of cannabis-derived medicines to examine the benefits for patients suffering a range of debilitating illnesses.
Medicinal cannabis and Victoria
The Victoria Labor Party, when in Opposition, declared its support for the medicinal use of marijuana. The policy focus appeared to be on the use of marijuana oils and tinctures in the treatment of children with severe and recurrent epileptic seizures.
The newly elected Labor Government will seek advice from the Victorian Law Reform Commission on medical cannabis, so it can be used to treat people in exceptional circumstances.
Labor's terms of reference for the commission will specifically rule out legalising marijuana for recreational use. Labor will not legalise the smoking of marijuana for medical purposes.
The Victorian Law Reform Commission will be asked to consider
* How the prescription, manufacture and distribution of medical cannabis would be regulated
* Advice on the appropriate form of medical cannabis permitted for use (e.g. sprays, tincture, tablets)
* The operation of Victoria's Drugs, Poisons and Controlled Substances Act 1981 and associated Regulations and how this interacts with Commonwealth law through the role of the Therapeutic Goods Administration and other legislation
* The role of doctors in prescribing and managing patient care
* A review of medical literature on the effectiveness and safety of medical cannabis
The Commission is expected to report by August 31, 2015.