Misuse of Drugs (Medicinal Cannabis) Amendment Bill

  • enacted
5 Section 7 amended (Possession and use of controlled drugs)

(1)

In section 7(2), replace “subsection (3)” with “subsections (2A) and (3)”.

(2)

After section 7(2), insert:

(2A)

A person who contravenes subsection (1)(a) does not commit an offence if the person—

(a)

procures, possesses, consumes, smokes, or otherwise uses any plant or plant material of the genus Cannabis, any cannabis preparation, or any cannabis fruit or seed; but

(b)

has a certificate from a medical practitioner or nurse practitioner certifying that the person has a terminal illness.

(3)

After section 7(3), insert:

(3A)

In any proceedings for an offence against subsection (1)(a) in respect of possessing or using any plant or plant material of the genus Cannabis, or any cannabis preparation, or any cannabis fruit or seed, the defendant may provide evidence that has a defence if, at the time of the possession or use, the defendant had been diagnosed by a medical practitioner or nurse practitioner as having a terminal illness requiring palliation.

(4)

In section 7(4), replace “subsection (3)” with “subsections (3) or (3A)”.

(5)

After section 7(4), insert: