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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Palliative Use of Cannabis)
Amendment Bill 2008
A BILL FOR
An Act to amend the Controlled Substances Act 1984.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Controlled Substances
Act 1984
3 Amendment of section 31—Application of
Part
4 Insertion of section 31A
31A Palliative use of
cannabis
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Palliative Use of
Cannabis) Amendment Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
3—Amendment of
section 31—Application of Part
Section 31(1)—after paragraph (d) insert:
or
(e) —
(i) the cultivation of cannabis or the possession, smoking or consumption
of cannabis or cannabis resin; or
(ii) the sale or possession of equipment for use in connection with such
cultivation, possession, smoking or consumption,
in accordance with section 31A.
After section 31 insert:
31A—Palliative use of cannabis
(1) A person may cultivate cannabis, or possess, smoke or consume cannabis
or cannabis resin, if—
(a) the person holds a valid certificate that complies with
subsection (3) (a palliative cannabis certificate);
and
(b) the amount of cannabis or cannabis resin is not more than the amount
prescribed by the regulations for the purposes of this subsection; and
(c) the person complies with any other requirement set out in the
regulations for the purposes of this subsection.
(2) A person may sell equipment for use in connection with the cultivation
of cannabis, or the smoking or consumption of cannabis or cannabis resin
if—
(a) the sale is to a person who holds a valid palliative cannabis
certificate; and
(b) the equipment is of a kind prescribed by the regulations;
and
(c) the person complies with any other requirement set out in the
regulations for the purposes of this subsection.
(3) A palliative cannabis certificate issued to a person for
the purposes of this section must—
(a) be in the prescribed form; and
(b) be issued by a medical practitioner; and
(c) certify that the person named in the certificate has been diagnosed as
suffering from a specified illness or disease; and
(d) specify the symptoms associated with the illness or disease;
and
(e) specify any side effects related to the treatment of the illness or
disease for which palliation may be necessary or desirable;
(f) include a declaration—
(i) that, in the opinion of the medical practitioner, the smoking or
consumption of cannabis or cannabis resin by the person would palliate the
symptoms of the person's illness or disease, or the specified side effects
related to the treatment of the illness or disease; and
(ii) that the person has discussed with the medical practitioner the risks
associated with using cannabis or cannabis resin; and
(g) recommend an amount of cannabis or cannabis resin that is, in the
opinion of the medical practitioner, appropriate for smoking or consumption by
the person on a daily basis for the purpose of palliating the symptoms of his or
her illness or disease, or the specified side effects related to the treatment
of the illness or disease; and
(h) specify the period (not exceeding 12 months) during which the
certificate is to be in force,
and may contain any other information or recommendation the medical
practitioner thinks fit.
(4) A palliative cannabis certificate is, unless revoked earlier, valid
for the period specified in the certificate.
(5) A medical practitioner must, within 7 working days after issuing
a palliative cannabis certificate, furnish the Minister with a copy of the
certificate.
Maximum penalty: $1 250.
(6) If a medical practitioner who has issued a palliative cannabis
certificate forms the opinion that the smoking or consumption of cannabis or
cannabis resin by the person named in the certificate is no longer recommended
for the purposes specified in the certificate, the medical practitioner must
immediately—
(a) revoke the certificate; and
(b) give notice of the revocation, in the prescribed manner, to the person
and the Minister.
Maximum penalty: $1 250.
(7) A medical practitioner who wilfully makes any false or misleading
statement in a palliative cannabis certificate is guilty of an
offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(8) Nothing in this section authorises the sale or supply of cannabis or
cannabis resin.
(9) For the purposes of the Medical Practice Act 2004, the
Consent to Medical Treatment and Palliative Care Act 1995 or any
other Act or law, or for the purposes of any disciplinary proceedings, no civil
or criminal liability attaches to a medical practitioner by reason of his or her
having issued a certificate in accordance with this section.