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This is a Bill, not an Act. For current law, see the Acts databases.


CONTROLLED SUBSTANCES (MEDICAL USE OF CANNABIS) AMENDMENT BILL 2003

[BIL178-A.HAA]

House of Assembly No. 161

[As laid on the table and read a first time, 4 June 2003]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of K. Hanna, M.P.]

CONTROLLED SUBSTANCES (MEDICAL USE OF CANNABIS) AMENDMENT BILL 2003

A Bill For

An Act to amend the Controlled Substances Act 1984.

[OPC-HA]


Contents

Part 1—Preliminary

1.Short title

2.Commencement

3.Amendment provisions

Part 2—Amendment of Controlled Substances Act 1984

4.Insertion of section 32A

32A.Exception to certain offences against section 31 or 32 involving cannabis


The Parliament of South Australia enacts as follows:


Part 1—Preliminary

Short title

1. This Act may be cited as the Controlled Substances (Medical Use of Cannabis) Amendment Act 2003.

Commencement

2. This Act will come into operation on a day fixed by proclamation.

Amendment provisions

3. 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

Insertion of section 32A

4. After section 32 insert:

Exception to certain offences against section 31 or 32 involving cannabis

32A. (1) Nothing in section 31 or 32 renders unlawful—

(a)the smoking or consumption of cannabis or cannabis resin by a person; or

(b)the possession of cannabis or cannabis resin by a person for smoking or consumption by the person (other than the possession of quantities of cannabis or cannabis resin in excess of the limits fixed by the regulations for the purposes of this paragraph); or

(c)the possession by a person of a piece of equipment for use in connection with—

(i)the smoking or consumption of cannabis or cannabis resin by the person; or

(ii)the preparation of cannabis or cannabis resin by the person for smoking or consumption by the person; or

(d)the cultivation by a person of a number of cannabis plants not exceeding the number prescribed by the regulations for the purposes of this paragraph,

if the person holds a valid certificate in the prescribed form that complies with subsection (2) issued to the person by a medical practitioner who is responsible for the medical care of the person on an on-going basis.

(2) A certificate issued under subsection (1) must—

(a)certify that the person named in the certificate has been diagnosed as suffering from a specified illness or disease; and

(b)specify the symptoms associated with the illness or disease; and

(c)declare—

(i)that, in the opinion of the medical practitioner, the smoking or consumption of cannabis or cannabis resin by the person would mitigate the symptoms of the person's illness or disease; and

(ii)that the person has discussed with the medical practitioner the risks associated with using cannabis or cannabis resin and consents to its use for the purpose of treating the symptoms of his or her illness or disease; and

(d)specify—

(i)the daily dosage of cannabis or cannabis resin; and

(ii)the method of administration; and

(iii)the period for which the use of cannabis or cannabis resin,

is recommended for use by the person for the purpose of treating the symptoms of his or her illness or disease.

(3) A certificate issued under this section is, unless revoked earlier, valid for the period (not being a period exceeding 12 months) specified in the certificate.

(4) A medical practitioner must, within 7 working days after issuing a certificate under this section, furnish the Minister with a copy of the certificate.

Maximum penalty:$1 250.

(5) If a medical practitioner who has issued a certificate under this section forms the opinion that the use 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.

(6) A medical practitioner who wilfully makes any false or misleading statement in a certificate issued under this section is guilty of an offence.

Maximum penalty:$10 000 or imprisonment for 2 years.


(7) In proceedings for an offence against section 31 or 32, subsection (1) is to be treated as an exception, and no proof will be required in relation to the exception by the prosecution but the application of the exception will be a matter for proof by the defendant.

Printed under the authority of the Government Printer

 


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