The NSW Government yesterday defeated proposed legislation that would have decriminalised medicinal cannabis possession in a set-back for terminally ill people, their families and carers in the Illawarra.
NSW Labor’s legislation ensured that sufferers of terminal and serious medical conditions who rely on medicinal cannabis to ease their pain, would no longer be treated as criminals. The legislation also creates the mechanism to create a safe and lawful supply chain of product, to make access a practical reality for sufferers.
The legislation sought to decriminalise the possession of small amounts of cannabis (up to 15 grams) for treatment of chronic and serious medical conditions for medically certified sufferers and their carers, requiring them to receive photo identification and medical certification from NSW Health in order to possess medicinal cannabis. These amounts can be adjusted by regulation, according to medical treatment need.
Currently people who purchase cannabis to alleviate the pain and distress associated with chronic and terminal illnesses face strict criminal penalties under the Crimes Act (1900).
Labor’s legislation adopted the key recommendations from a NSW Parliamentary Inquiry into the use of cannabis for medicinal purposes which received unanimous support from five political parties including NSW Labor, Liberal Party, National Party, the Greens and the Shooters, Fishers and Farmers Party.
Comments attributable to Ryan Park MP
“The Government’s action yesterday to defeat the legislation proposed by Labor is deeply disappointing.
“This represents a set-back for the campaign to decriminalise medicinal cannabis possession, which has been spear-headed locally by Ben and Michael Oatley.
“We need to help people with a terminal illness, their families and their carers; not place more hurdles in the way of seeking some respite.”
Comments attributable to Paul Scully MP:
“The Government could have amended this legislation instead of taking the decision to vote it down yesterday.
“People with a terminal illness and their carers remain in a legal limbo in trying to seek relief for their illnesses and can still be treated as if they were criminals for the possession of cannabis for medicinal treatment.
“The Government could have set this right yesterday and but instead it let hundreds of people down by voting to defeat the legislation which could have provided legal certainty for terminally ill and suffers of serious medical conditions.”
11 August 2017
BACKGROUND
Illnesses that would be taken to be terminal or serious medical conditions:
- Human Immunodeficiency Virus (HIV);
- motor neurone disease;
- multiple sclerosis;
- the neurological disorder known as stiff person syndrome;
- severe and treatment-resistant nausea and vomiting due to chemotherapy; or
- pain associated with cancer; or
- neuropathic pain; or
- an illness or condition declared by the regulations to be a terminal or serious medical condition.
