New Zealand Legislation: Bills

10 New sections 9A to 9E inserted

• The following sections are inserted after section 9:

  “9A Exemption from section 9

  • Despite anything in section 9, any card holder or their designated agent may cultivate and possess, at his or her place of residence, an amount of any plant of the genus Cannabis plant as agreed upon by the medical practitioner of the card holder and the card holder themselves.”

  “9B Medicinal Cannabis Identification Cards

  • “(1) Any person may apply to the Medical Officer of Health for a Medicinal Cannabis Identification Card in the prescribed form.

    “(2) Applicants under this section must provide evidence that they—

    • “(a) suffer from a condition listed under Schedule 4, or any other condition, where the use of cannabis may alleviate the pain and suffering associated with that condition or the treatment of that condition; and

    • “(b) have the written support of his or her medical practitioner or medical specialist; and

    • “(c) where the person is under 18 years of age, have the written permission of his or her parents or guardians.

    “(3) A Medicinal Cannabis Identification Card will be issued by the Medicinal Cannabis Registration Board if the Medical Officer of Health is satisfied that the requirements under subsection (2) are fulfilled and there are no exceptional circumstances relating to the applicant or their condition so that the Medical Officer of Health is of the opinion that no card should be granted.

    “(4) A Medicinal Cannabis Identification Card is valid for 12 months from date of issue.

    “(5) At the expiry of the card, the card holder may reapply under this section.

  “9C Card holder may nominate designated agent

  • “(1) If a card holder is unable to cultivate any plant of the genus Cannabis, that card holder may nominate, in the prescribed form, a designated agent to cultivate, possess, and supply an amount of any plant of the genus Cannabis, or any preparation containing any tetrahydrocannabinols, as specified in section 8A(b) for the card holder.

    “(2) A designated agent must prove himself or herself to be of good moral character.

    “(3) A Designated Agent Identification Card will be issued by the Medicinal Cannabis Registration Board if the Board is satisfied that the nominated person fulfils the requirement under subsection (2).

    “(4) A Designated Agent Identification Card is valid for 12 months from the date of issue.

    “(5) At the expiry of the card under subsection (4), the card holder may re-nominate the designated agent under subsection (1).

  “9D Duties of designated agent

  • A designated agent may—

    • “(a) possess an amount of any plant of the genus Cannabis, as specified under section 8A(b), for each card holder for whom he or she is the designated agent:

    • “(b) supply an amount of any plant of the genus Cannabis as specified under section 8A(b) to the card holder for whom he or she is the designated agent:

    • “(c) cultivate and possess an amount of cannabis plant material as specified under section 9(1)(c) for the use of card holder for whom he or she is the designated agent:

    • “(d) administer to the card holder an amount of any plant of the genus Cannabis as specified under section 8A(1)(b).

  “9E Registration of card holders

  • The Minister must establish a Medicinal Cannabis Registration Board under section 5 to—

    • “(a) keep and maintain a register to—

      • “(i) card holders:

      • “(ii) their designated agents:

      • “(iii) any person having the care of a card holder:

      • “(iv) the amount of any plant of the genus Cannabis or any preparation containing any tetrahydrocannabinols that the card holder or their designated agent may possess as agreed upon under section 8A(1)(b).

    • “(b) issue Medicinal Cannabis Identification Cards to successful applicants under section 9B:

    • “(c) issue Designated Agent Identification Cards to persons successfully nominated under section 9C:

    • “(d) consult with and advise card holders on the use and administration of plants of the genus Cannabis and any preparations containing any tetrahydrocannabinols:

    • “(e) collate and distribute new information regarding different strains of any plant of the genus Cannabis, any preparations containing any tetrahydrocannabinols and methods of its administration to treat various conditions:

    • “(f) inform the police in the area where a card holder has his or her primary place of residence of the details kept maintained under paragraph (a):

    • “(g) carry out any other duties as the Minister thinks fit.”