Informed Consent Letter

[grace]

Hi guys I am thinking of trying this to get medical approval. I have taken out my personal details but any feedback is welcome.

 

Name

Address

Phone

 

 

Mr Ross Rolfe

Acting Director General

Queensland Health

147-163 Charlotte St

BRISBANE QLD 4001

FAX: (07) 3234 0095

 

Dear Mr Ross Rolfe

 

Re: Use and Possession of the Herbal Substance Cannabis

 

Informed consent to the ongoing use of the herbal substance cannabis (including the psychoactive substance delta-9-tetrahydrocannabinol ) given to the Director General of Health of Queensland by ________________.

 

I, _________________ advise that I use and possess the herbal substance cannabis for the treatment of my medical conditions __________________ that are unrelieved by chemical substances/pharmaceuticals. I am making this decision after having the risks of using this herbal substance explained to me by my General Practitioner, by undertaking my own research and from my current use of the herb. I acknowledge that the continued use of this herb may have some side effects.

 

I acknowledge these side effects but wish to proceed with the continued use of the herb as I believe the benefits I receive including a quality of life outweigh the risks. I do not wish to use the adulterated pharmaceutical form of THC namely dronabinol, marketed as Marinol.

 

Approval or an endorsement to use and possess this herb could be provided under section 77 of the Health (Drugs and Poisons) Regulations 1996 if you so desire. Alternatively as Director General you have discretionary power to provide approval or an endorsement.

 

Although I believe that approval or an endorsement is not necessary for use and possession of the herb cannabis when it is used for the relief of pain and suffering I would be grateful if you could provide approval or an endorsement as a matter of urgency as I am concerned I may be wrongly charged with an offence under the Drugs Misuse Act 1986 even though that legislation does not apply to me. Any criminal offence against me would cause extreme detriment to my physical and mental health and well being.

 

I understand my right to appeal against any adverse decision in this matter is available to me pursuant to s 33 of the Health (Drugs and Poisons) Regulations.

 

I look forward to your response and can be contacted on the above number if you require any further information.

 

Regards

 

 

 

SIGNED

 

 

 

NAME this day of 2008

[ConvexConepiece]

Well Grace,

 

The letter makes great sense to me and I really hope he replies with something useful.

 

Let us know what he replies, as it could open the door for medical MJ in aus.

[Radic]

irey grace

gotta love dat

yo sistren

heres a trick

try and get a notary to sign it too

then if you do get busted you wont have to go to court cause the notary will instead

also

im tinking a clause at the bottom binding Mr Ross Rolfe to reply

if there is no reply in 2wks that is his confirmation of agreement to your contract

then 2 wks later send a confirmation of your contract or agreement to him

that will give them nuff red tape to hang themselves

hehe

the pen is mighter than the sword

forward ever

[darryl d]

Hi grace I sent off my own version of your 'informed consent' letter and also put a copy up in pdf file if anyone would like to make use of it

 

 

 

Informed_consent_letter.pdf

 

 

 

Part 2 - section 9 of the Qld Drugs Misuse Act 1986 states:

"A person who unlawfully has possession of a dangerous drug is guilty of a crime."

The definition of unlawful from the Qld Drugs Misuse Act 1986;

“unlawful means without authorisation, justification or excuse by law”

 

 

A letter of authorisation from the Director General Qld Health would fulfil this requirement. Easier said than done? Maybe, maybe not I think there would be many people in far more extreme circumstancess than myself who should apply in writing so they can legally use Cannabis.

 

In regards to justification

 

A medical necessity defence requires a couple of elements

In 1976 the first medical necessity defence of the use Cannabis was recognised by the DC Court of Appeal and the requisite elements of the medical necessity defense as enunciated in United States v Randall are:

 

(1) the Defendant did not intentionally bring about the circumstances that precipitated the unlawful act;

(2) the Defendant could not accomplish the same objective using a less offensive alternative; and

(3) the evil sought to be avoided was more heinous than the unlawful act perpetrated to avoid it.

 

Any medical evidence required to prove that Cannabis is a more effective treatment will need to be admitted in court by a medically qualified professional to allow for cross examination. The medical professional will need to be 100% of the opinion that there are no safer alternatives available.

 

In regards to justification or excuse Australia does allow a defence of necessity under section 25 of the Criminal Code

 

CRIMINAL CODE 1899 - SECT 25

25 Extraordinary emergencies

 

Subject to the express provisions of this Code relating to acts done upon compulsion or provocation or in self-defence, a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise.

 

I am still awaiting a response to my letter but thanks for setting the ball rolling grace, I think many people would and should do this. In the event someone is charged for possession/growing etc this plan is far better in place before rather than after court proceedings have started.

 

Don't let fear hold you back, stand up for your beliefs if you believe Cannabis improves your health.

[MongyMan]

heres a trick

try and get a notary to sign it too

then if you do get busted you wont have to go to court cause the notary will instead

 

What is a notary Radic? Sounds interesting

 

Peace MM

[Chronmasta]

THis is bloody fantastic

grace, .. you`re an angel

 

What is a notary Radic? Sounds interesting peace.gif

there ya go mate

notaries explained

 

 

 

[MongyMan]

Cheers chron.....spose I should have thought to google it :)

 

Peace MM

[Chronmasta]

no wukkas

[Paladin]

You're on a roll with the good stuff, Grace. Fascinated to see how this turns out.

 

I wonder if the fact that Rolfe is 'acting' rather than an incumbent DG will have any impact.

[wietlover]

I love the wisdom on this forum!!!! Thank you so much!!!

As a med user myself(in the police state!!) i will be watching this thread!!!

Radic that clause bit is pure genuis!!! Best of luck Weit

[ashka]

Thanks so much Grace, Daryl and Radic, just saw this and have copied them and will adapt to use for my case. The only question I have is to Radic, what is a notary?