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DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (MDMA AND PSILOCYBINE) REGULATIONS 2023 (SR NO 61 OF 2023) - REG 11

Sale or supply of Schedule 8 poison by pharmacist

After regulation 48(1)(e) of the Principal Regulations insert

    "(ea)     if the poison is Schedule 8 MDMA or Schedule 8 psilocybine, the sale or supply is to—

              (i)     an authorised psychedelic psychiatrist who has—

    (A)     issued a prescription for the Schedule 8 MDMA or Schedule 8 psilocybine and the sale or supply is on that original prescription; or

    (B)     issued a written instruction or given a verbal instruction in respect of the Schedule 8 MDMA or Schedule 8 psilocybine; or

              (ii)     a registered medical practitioner, nurse practitioner or nurse authorised by an authorised psychedelic psychiatrist referred to in subparagraph (i) to act on the psychiatrist's behalf; or

              (iii)     a registered medical practitioner who has—

    (A)     issued a prescription for the Schedule 8 MDMA or the Schedule 8 psilocybine for another person who is a participant in a clinical trial and the clinical trial is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee and the sale or supply is on that original prescription; or

    (B)     issued a written instruction or given a verbal instruction in respect of the Schedule 8 MDMA or Schedule 8 psilocybine for another person who is a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee; or

              (iv)     a registered medical practitioner, nurse practitioner or nurse authorised by a registered medical practitioner referred to in subparagraph (iii) to act on the medical practitioner's behalf; or".



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