Clark DavidMISUSE OF DRUGS (MEDICINAL CANNABIS) AMENDMENT BILLSecond ReadingHon Dr DAVID CLARK (Minister of Health): I move That the Misuse of Drugs (Medicinal Cannabis) Amendment Bill be now read a second time. This bill amends the Misuse of Drugs Act 1975. With the indulgence of the House I intend to read the speech into the parliamentary record as it deals with a number of technical matters. I want to thank everyone who made a submission on this bill including those who came to speak to the Health Committee in person. I also want to thank the members of the Health Committee for the thorough consideration of the bill. In particular I want to specifically thank Jenny Marcroft health spokesperson for New Zealand First—thank you to Jenny Marcroft—and Chlöe Swarbrick spokesperson on drug law reform for the Green Party of Aotearoa New Zealand for their constructive dialogue and willingness to work with me and the New Zealand Labour Party to find a common way forward for this Government on our approach to medicinal cannabis.DEPUTY SPEAKER: Could we just have a bit of respect for the Minister trying to speak as people leave.Hon Dr DAVID CLARK: Thank you Madam Deputy Speaker. Currently there is a legal pathway for people to obtain medicinal cannabis products on prescription from a medical practitioner. However access to affordable medicinal cannabis products remains problematic for many New Zealanders. To address this issue the Government agreed late last year to introduce a medicinal cannabis scheme and to amend the Misuse of Drugs Act. As a result I introduced the bill which introduces an exception and a statutory defence for terminally ill people with less than 12 months to live to possess and use illicit cannabis and to possess a cannabis utensil. The bill as introduced also provides a regulation-making power to enable the setting of standards that products manufactured imported or supplied under licence must meet. The bill as introduced de-schedules cannabidiol also referred to as CBD so it is no longer a controlled drug.The scheme overseen by an agency will result in medicinal cannabis products being able to be commercially produced in New Zealand and when the bill is passed ensure that all medicinal cannabis products meet quality standards. All stages of cultivation production and supply of medicinal cannabis will be licenced.There was overwhelming support from submitters for allowing individuals to use cannabis for medicinal purposes and for improving access to affordable quality medicinal cannabis products. There was clear support from submitters who commented on the provision to set quality standards for medicinal cannabis products available under the Government's medicinal cannabis scheme. The development of quality standards is a key component of the scheme and will be informed by robust analysis of existing international standards and public consultation.There was also strong support from submitters for improving access to CBD: a substance found in cannabis that has potential therapeutic value and little or no psychoactive properties. The bill will make it easier to access CBD as it removes the controlled drug classification of CBD making it a prescription-only medicine. Many submitters commented that the exception and statutory defence should be expanded to include not only people who are terminally ill but also those with other medical conditions. Submitters highlighted that individuals with a range of conditions could benefit from easier access to medicinal cannabis products.I propose amending the bill via a Supplementary Order Paper at the committee of the whole House stage to increase the number of people eligible to use elicit cannabis under the exception and statutory defence provisions. This change would remove the 12 month restriction and the term terminally ill" from the provisions. It is not possible to predict with complete accuracy the progression of life-threatening conditions. In addition terminally ill is no longer commonly used in palliative care and can be confronting for some patients. Jenny Marcroft and New Zealand First caucus was instrumental in identifying the need to widen this definition and as such the Government proposes replacing the term "terminal illness" in the exception and statutory defence provisions with the term "palliation".Palliation is an approach that aims to alleviate pain and suffering for a person with an advanced progressive life-limiting condition who is nearing end of life. I consider this a better description of the group of patients the compassionate provisions were designed for. I expect this change to increase the number of people covered by the exception and statutory defence provisions. Approximately 25000 New Zealanders could benefit from palliative care. I expect this group of patients would be covered by the definition of palliation but it is not known how many would choose to use illicit cannabis.Submitters recommended that the statutory defence be extended to caregivers friends and whānau who sought cannabis for the terminally ill. They considered that the terminally ill are likely to rely on caregivers whānau and friends to source illicit cannabis for them. Some submitters also recommended that people who grow cannabis to supply the terminally ill have a statutory defence. The Government does not propose extending the statutory defence to cover the range of people who could supply cannabis to terminally ill people. Supply is a more serious offence under the Misuse of Drugs Act than possession or use. Extending the statutory defence to include supply would greatly widen the scope of these provisions.I intend to address supply through the development of a medicinal cannabis scheme which once established will allow more quality products to be readily available. The bill allows quality requirements to be set in regulations for products produced under the scheme. Pathways under the scheme will allow us to ensure that products meet these standards. I propose the Supplementary Order Paper amend the bill to include a requirement that these regulations are made no later than a year after the bill comes into effect. This change was the result of extensive negotiations between the three parties and provides assurance for the public and stakeholders that the development of the scheme is a priority for this Government.Through Chlöe Swarbrick's advocacy we propose an amendment to address the use of cannabis varieties including seeds that are already established in New Zealand. This change would mean that a person would not be prevented from getting a licence under the scheme solely because the variety of cannabis they want to use is already in New Zealand. The scheme will require all stages of cultivation and production to be licenced. There is no obvious reason to preclude varieties of cannabis that are established in New Zealand from being used.This bill will improve access to quality medicinal cannabis products. The vast majority of submitters on the bill supported improving access to medicinal cannabis. The misuse of drugs legislation already provides a framework for licencing the production of medicinal cannabis products. The scheme makes use of the existing framework and does not add unnecessary compliance costs. I expect that the scheme will take a risk-proportionate approach. The full details of this scheme will be consulted on publicly by the Ministry of Health.Again I want to acknowledge the outstanding contributions made to and by the Health Committee during the health select committee stage. As a result of these contributions and the hard work and collaboration with my colleagues within New Zealand First and the Green Party of Aotearoa New Zealand we intend to make a number of changes to improve the bill through a Supplementary Order Paper. I commend this bill to the House."