CONTROLLED SUBSTANCES (PALLIATIVE USE OF CANNABIS) AMENDMENT BILL

[grace]

SPEECH IN THE LEGISLATIVE COUNCIL

Wednesday, 24 September 2008

 

CONTROLLED SUBSTANCES (PALLIATIVE USE OF CANNABIS) AMENDMENT BILL

 

The Hon. SANDRA KANCK: I move:

 

That this bill be now read a second time.

 

This bill is not about how we approach illicit drugs: rather, it is

about how we ought to use science to assess the medical benefit of a

drug-in this case, cannabis. We do not, for instance, have difficulty in

allowing the use of morphine, from which heroin can be derived. Instead,

we rely on the advice of doctors and researchers to assist in preparing

safeguards, but the reduction of suffering that can come from using that

drug is still allowed.

 

However, in the case of marijuana, the response is hysterical and the

community is asked to believe that the use of this drug is somehow

inherently evil, when the reality is that it is just one of tens of

thousands of chemical substances used by humans. It is how we use such

substances that matters, and this bill is about using it in a controlled

way for the benefit of people suffering from some symptoms of particular

illnesses or diseases. I introduced an identical bill on 23 July but,

due to the prorogation of parliament, I have to reintroduce it.

 

The bill proposes that fines be waived for personal cultivation and use

of marijuana for people who are suffering designated medical conditions.

This would be on the proviso that a medical practitioner has signed a

palliative cannabis certificate to indicate that the person is suffering

from a specified illness or disease, the symptoms of which might be

palliated by the smoking or consumption of cannabis or cannabis resin.

The certificate would:

 

(a) certify that the person has a specified illness or disease;

 

(b)describe the symptoms;

 

© declare that, in the doctor's opinion, the use of cannabis would palliate those symptoms;

 

(d) state that the doctor has discussed with the patient the risks associated with the use of cannabis; and

 

(e) prescribe the amount and method of administration and the period of

time for which the use is recommended. Such a certificate would be valid for a

maximum of one year but could be revoked earlier by the doctor. The doctor would be

required to provide to the minister a copy of thecertificate within seven working days of

issuing it and, similarly, provide advice if it has been revoked.

 

In South Australia cannabis is a controlled substance and is illegal

under normal circumstances. However, under this legislation the medical practitioner

is given protection so that they would not be subject to legal disciplinary proceedings

provided that they had issued a certificate in the form prescribed in the bill.

Failure to provide the appropriate advice to the minister would attract a fine, and any false

or misleading statements made by a doctor in relation to any of the

above could see them imprisoned for two years or fined up to $10,000.

The bill also provides for the sale of approved equipment for the

consumption of cannabis to a person who holds a palliative cannabis certificate.

 

I invite members to read the speech I made on 23 July when I originally

introduced this bill and, because that is on the record, I will not go

into the whole rationale and repeat the quotes that I gave back then.

Because I do know that everyone will not go back and check that speech,

I will repeat the list of conditions and benefits for which cannabis can

be used to palliate:

 

* reduction in muscle spasms, pain relief, better sleep and improved ambulation for people

suffering from multiple sclerosis;

* glaucoma;

* depression and anxiety, particularly for people with terminal illnesses;

* suppression of nausea and vomiting associated with chemotherapy;

* body wasting resulting from AIDS;

* bursitis;

* control of seizures;

* neuropathic pain associated with spinal damage;

* pain relief for people with cancer;

* muscle spasms associated with motor neurone disease;

and there are others.

 

I mentioned the Cancer Council of New South Wales in the speech I gave

on 23 July but, because I just mentioned pain relief for people with

cancer, I will read from a Cancer Council of New South Wales fact sheet.

 

It states:

 

Until medical forms of marijuana extracts are available, the Cancer

Council supports introducing a system for compassionate provision of

marijuana to patients who may benefit from it. We also support limited

exemptions from criminal prosecution for patients who have been

certified as having particular conditions and who have been counselled

by an approved medical practitioner about the risks of smoking marijuana-

which is exactly the model that is in this bill.

 

As a consequence of introducing the bill two months ago, I have received

a lot of feedback about other scientific studies, with more information

becoming available about the positive impact of medical marijuana. I

have previously mentioned the number of states in the US where medical

marijuana has been legalised and the international trials that are

taking place. I mentioned the small and legal production of cannabis in

Israel, and that is being made available for up to 150 patients to

alleviate symptoms of cancer, AIDS or chronic inflammation of the

intestine. Information provided to me since then is that the demand for

cannabis for such purposes is likely to increase as a result of the

Israel Cancer Association's intentions to more widely publicise the

compassionate access schemes to doctors.

 

I was also surprised to find out from one of the emails I received that

the US government was awarded a patent back in 2003 on the use of

cannabinoids in the prevention and treatment of a wide variety of

diseases, including stroke, trauma, auto-immune diseases, Parkinson's

disease, Alzheimer's disease and HIV dementia. The patent number for

those who want to follow it up is #6,630,507 and it is assigned in the

name of the US Department of Health and Human Services, and it was based

on research done at the National Institute of Medicine.

 

Despite the tough on drugs mantra of the Bush government and various

regimes before it such as the Reagan government, it secretly recognises

the palliative use of cannabis. The Journal of the National Cancer

Institute in the UK last year published research from Ramer and Hinz at

the Institute of Toxicology and Pharmacology, University of Rostock in

Germany, showing that cannabis can inhibit cancer cell invasion. Also

drawn to my attention was work by researchers at Bath university in the

UK, which has shown that cannabis can alleviate symptoms of inflammatory

bowel disease. Additionally, a study conducted at the Medical School of

Hannover, Germany, found reductions in the tics associated with

Tourette's Syndrome. This drug which is illegal in our state and nation

is proving to have more and more medical uses.

 

On 5 July 1995, the Select Committee on the Control and Illegal Use of

Drugs of Dependence tabled a report in this chamber, and its first and

unanimous recommendation of members comprising Labor, Liberal and

Democrats was that 'scientifically designed and controlled clinical

trials in the use of cannabis for therapeutic purposes be undertaken for

specified medical conditions'. I remind members that the AMA's national

policy also supports this. Thirteen years after that select committee

report, we are still waiting for an enlightened government to take up

the recommendation.

 

The Rann government's 2002 Drug Summit recommended evaluating the

regulated availability approach to cannabis and, six years on, we are

still waiting. Meanwhile, people are forced to break the law in

relieving either their own suffering or the suffering of a loved one.

They have been waiting years, sometimes decades, to get sensible reform,

and I for one will work to get it for them.

 

With the rise of Christian fundamentalism in that country, US author and

social commentator Gore Vidal makes the observation that sin and

punishment are the real agenda, and that the state has taken on that

role on behalf of the churches. In South Australia, as one constituent

has observed to me: it is far easier to build a campaign (or a political

career) based on what one is 'against' (and the people one despises and

vilifies for all the evils of society) than it is to build one based on

what is good, ethical and needs to be done for the 'little individual

good' (the one that counts). He is right: it is far easier to take a

moral and judgmental approach towards people about what substances they

introduce into their own bodies.

 

I intend to take this bill to a vote at the end of year, so I ask

members to make their decisions not on sin and punishment, not on trying

to see who can be the toughest on crime, but on the science. And the

science is there to show that the approach advocated in this bill is

thoroughly justified.

 

Debate adjourned on motion of Hon. I.K. Hunter.

 

Hon Sandra Kanck MLC

 

SA Democrats

 

08 8237 9164

[Smokin Moose]

Sandra can use all the support that we can muster. I suggest you email her and tell her of your support. sandra.kanck@parliament.sa.gov.au

[grace]

Sandra can use all the support that we can muster. I suggest you email her and tell her of your support. sandra.kanck@parliament.sa.gov.au

 

 

Great idea smokin.moose.

 

Sandra Kanck is also a member of the Australian Parliamentary Group for Drug Law Reform and one politician who does her research well and does not back down on tough issues.

 

This is the link to the first speech

 

https://cannabis.community.forums.ozstoners...showtopic=20073

[Dragonfan]

Thanks for posting that Grace! I indeed read the first speech Sandra Kanck gave with great interest . . . and thought finally a polly with some common sense! Only wish she was a Federal polly!

 

Sandra can use all the support that we can muster. I suggest you email her and tell her of your support. sandra.kanck@parliament.sa.gov.au

I for one will be emailing my support .. .. .. hopefully many more will too [pity I can't vote in SA]

[samboo]

I emailed Sandra the other day showing my support and that she has many others who are also supporting her.

 

Pity i can't vote either

[Guest niall]

Anyone in South Australia: start lobbying MLC's to indicate that their constituents support this Bill. You can find a list of them at http://www.parliament.sa.gov.au/Members/Le...+of+Members.htm and also try contacting the Minister for Health, John Hill, and the Minister for Mental Health and Substance Abuse, Jane Lomax-Smith to show your support.

[Dragonfan]

This is excellent!

 

I got a reply from Sandra Kanck [as I'm sure others have done] but want to post it here so others can email ALL the pollies she 'names' to raise their awareness too . . .

 

Thanks for that feedback. I know that, when I take the bill to a vote, I'm going to get responses about psychosis and mental illness as justification for voting against it, so it's really useful to get responses like yours.

 

Would you be willing to e-mail other MPs along these lines, encouraging them to support the bill? If you are, here's the list:

 

paul.holloway@parliament.sa.gov.au

carmel.zollo@parliament.sa.gov.au

gail.gago@parliament.sa.gov.au

ian.hunter@parliament.sa.gov.au

john.gazzola@parliament.sa.gov.au

bernard.finnegan@parliament.sa.gov.au

dennis.hood@parliament.sa.gov.au

robert.brokenshire@parliament.sa.gov.au

john.darley@parliament.sa.gov.au

mark.parnell@parliament.sa.gov.au

david.rdigway@parliament.sa.gov.au

michelle.lensink@parliament.sa.gov.au

stephen.wade@parliament.sa.gov.au

caroline.schaefer@parliament.sa.gov.au

rob.lucas@parliament.sa.gov.au

robert.lawson@parliament.sa.gov.au

robert.sneath@parliament.sa.gov.au

john.dawkins@parliament.sa.gov.au

russell.wortley@parliament.sa.gov.au

 

I've left off Ann Bressington who is our resident anti-drugs campaigner as she has a closed mind.

 

In addition, although they are in the lower house and won't vote on the bill, it will need the 'permission' of appropriate Ministers and Shadow Ministers, so e-mail them, advising them (because they might not know) that this bill has been introduced in the upper house, and seeking their support:

 

The Minister for Mental Health and Substance Abuse, Jane Lomax-Smith - minedcs@saugov.sa.gov.au

The Minister for Health, John Hill - minister.health@health.sa.gov.au

Shadow Minister, Vicki Chapman - vicki.chapman@parliament.sa.gov.au

 

Regards

Sandra Kanck

. . . as I'll gladly email each and every person on that list . . .

[Smokin Moose]

Guys, I hope every member here gets busy with emails of support. let's take it to them!

[Dragonfan]

Guys, I hope every member here gets busy with emails of support. let's take it to them!

I was just looking on Facebook to see if there was an Aussie group pushing for political change on the Medical Marijuana front . . . doesn't appear to be [plenty of US ones though], so I'm thinking of starting one up . . . with the view of posting there the speech/es from Sandra Kanck along with the info on whom to contact via email to promote the efficacy of Medical Marijuana and how it is a CRIME that it is not legally available to those whom really need it to live a somewhat 'normal' life [and that's ME] and any other relevant info I can scour from here . . . a wider audience can't hurt surely?

 

I shall take my time and write a very well crafted email to send to the pollies Sandra named . . . not overly emotive but factually based as it's waaaaaaaaaay past time when all the propaganda should be dispelled in NO UNCERTAIN TERMS as I for one am sick and tired of being sick and tired and unable to live a 'real' life without constant pain and in fear of prosecution or persecution [whichever/both] . . .

 

[i started a Facebook Group . . . Medical Marijuana Australia] see what happens!

Edited October 2, 2008 by Dragonfan

[Smokin Moose]

I just sent invites to this group to over 100 of my friends on Facebook.