Queensland Numbered Acts

PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 61

61 Restricted access patients

(1) This section applies if—

(a) a patient is authorised to obtain, possess or self-administer compliant medicinal cannabis; and

(b) the patient is not reasonably able to obtain, possess or self-administer the medicinal cannabis because of the patient’s age, medical condition or location; and

(c) a carer for the patient is not reasonably able to administer or supply the medicinal cannabis to the patient because of the patient’s medical condition or location.

Examples for subsection (1)—

1 The patient is in a remote location and is not reasonably able to obtain compliant medicinal cannabis from a pharmacy.

2 The patient is not reasonably able to obtain, possess or self-administer compliant medicinal cannabis because the patient—

(a) is in a hospital; or

(b) is detained in a detention centre, prison, watch house or police establishment; or

(c) lives in a nursing home; or

(d) is in the care of an out-of-home care service.

(2) A person (a
"facilitator" ) who is an adult, and who has regular access to the patient, is authorised to obtain and possess the medicinal cannabis if the facilitator is temporarily possessing the medicinal cannabis—

(a) until the patient can be treated with, or use, the medicinal cannabis; and

(b) only for the purpose of treating the patient.

(3) The facilitator is authorised to—

(a) if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or

(b) issue the medicinal cannabis to another facilitator, who is a health practitioner, a trainee health practitioner or a prescribed person treating the patient, for administration to the patient; or

(c) if the facilitator is a health practitioner, a trainee health practitioner or a prescribed person treating the patient—administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis.

(4) If this section applies because the patient is in the care of an institution, a responsible person for the institution is authorised to—

(a) obtain the medicinal cannabis and possess it at the premises of the institution while the patient is in the care of the institution; and

(b) issue the medicinal cannabis to a facilitator, who works at the institution, for treatment of the patient.

(5) If the facilitator is a trainee health practitioner, the facilitator must only administer the medicinal cannabis to the patient under the personal supervision of another facilitator who is a health practitioner treating the patient.

(6) A regulation may prescribe conditions for the administration of medicinal cannabis by prescribed persons under this section.

(7) In this section—

"controlled drug" see the Health Act 1937, section 5 .

"out-of-home care service" means an entity mentioned in the Child Protection Act 1999 , section 82(1).

"prescribed person" means a person who is a member of a class of persons prescribed by regulation for this section.

"responsible person" , for an institution, means—

(a) a person in charge of the institution; or

(b) a person in charge of the provision of health care for the institution; or

(c) a person in charge of dispensing controlled drugs for the institution.