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. 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. The Act received royal assent on 17 December and came into force on 18 December 2018.
Legislative features
The Misuse of Drugs (Medicinal Cannabis) Amendment Act amends the Misuse of Drugs Act 1975 to: introduce an exception and a statutory defence for those requiring palliative care to possess and use illicit cannabis and to possess a cannabis utensil; provide a regulation-making power to enable the setting of standards that products manufactured, imported, and supplied under licence must meet; and amend Schedule 2 of the Act so that cannabidiol (CBD) and CBD products are no longer classed as controlled drugs. 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.
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.
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.
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. 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.
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.
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.