Medicinal Cannabis Legislation in NSW

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Legal

Tim W

5 min

Medicinal cannabis has been legal in New South Wales (NSW), Australia since 2016, when the Australian Government passed the Narcotic Drugs Act. This act legalised the commercial growing of cannabis for medicinal and scientific purposes and came into effect on 1 November in the same year.

Since then, the medicinal cannabis industry has steadily grown in the state, and NSW Authorities have continued to regulate medicinal cannabis so that it is safely used as a potential treatment option for health conditions.

Keep reading to learn more about medicinal cannabis products, laws surrounding prescribing medicinal cannabis, and how the state of NSW is managing the industry.

The History of Medicinal Cannabis in NSW

The use of cannabis as a medicine has been documented for centuries, with the first recorded use dating back to 2737 BC in China. Since then, it has been used for various purposes in different cultures around the world.

In more recent years, there has been increasing interest in the potential medical benefits of cannabis. This has led to the development of various medicinal cannabis products, which are now available in many countries around the world, including Australia.

The Australian Government legalised the use of medicinal cannabis in 2016, and since then, several states and territories have enacted their own laws to allow for the prescribing of medicinal cannabis products.

In NSW, the Office of Drug Control is responsible for the regulation of medicinal cannabis. This includes issuing licences for the cultivation, manufacture, and supply of medicinal cannabis products.

Medicinal Cannabis Products in NSW

There are a variety of medicinal cannabis products available on the market. These include oils, tinctures, capsules, and dried flowers (the leaves and buds of the cannabis plant).

The active ingredients in these products are known as cannabinoids. The two main cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is the psychoactive component of cannabis, which means it can produce a “high”. CBD does not have this effect.

Medicinal cannabis products usually contain a combination of THC and CBD. The ratio of THC to CBD can vary, and this is one of the factors that determines how the product will affect the user.

Cannabis products can be either “full spectrum” or “isolate”. Full-spectrum products contain all of the cannabinoids found in the cannabis plant, while isolate products only contain one cannabinoid.

In NSW, only certain types of medicinal cannabis products are available. These include oils, capsules, and dried flower. The use of other product forms, such as tinctures and edibles, is not currently permitted.

NSW Laws on Prescribing Medicinal Cannabis

In NSW, medicinal cannabis can only be prescribed by a medical practitioner who is registered with the Therapeutic Goods Administration (TGA). The Therapeutic Goods Administration is the Australian Government body responsible for regulating therapeutic goods, including medicinal cannabis products.

To be eligible for a prescription, patients must first undergo a diagnosis from a specialist doctor. The specialist must then apply for approval from the NSW Health Department. There are multiple schemes a medical professional can apply to the TGA for, to receive approval for medicinal cannabis prescription. They are:

Once approval has been granted, the patient can be prescribed a medicinal cannabis product. The product must be obtained from a licensed supplier, and patients are only able to access products that have been specifically approved for their condition.

The use of medicinal cannabis is currently only approved for certain conditions. These include:

Cancer
Chronic pain
Epilepsy
Palliative care
Multiple sclerosis (MS)

NSW Health is currently reviewing the evidence for the use of medicinal cannabis for other conditions, such as anxiety, PTSD, and autism. It is expected that the list of approved conditions will be expanded in the future.

When prescribing medicinal cannabis, NSW Health and accompanying bodies are also clear on the potential side effects that may come with using medicinal cannabis as a health condition treatment.

These potential side effects are:

Tiredness
Decreased appetite
Diarrhea
Dizziness
Dry mouth

Doctors and medical professionals are required to monitor patients for these side effects, and patients must be made aware of them before starting treatment.

How is Medicinal Cannabis in NSW Regulated?

The Office of Drug Control is responsible for the regulation of medicinal cannabis in NSW. This includes issuing licences for the cultivation, manufacture, and supply of medicinal cannabis products.

In order to be licensed, cultivators and manufacturers must meet a number of requirements. These include having adequate security measures in place, as well as ensuring that their products meet quality standards.

Licensed suppliers are also required to register with the NSW Health Department. This allows the department to keep track of the products that are being supplied, as well as ensuring that patients are only accessing products that have been specifically approved for their condition.

NSW Health also provides an extensive hub of accessible resources for both members of the public and health professionals to access, so that they can stay on top of the latest laws, advancements, and changes in the medicinal cannabis industry. These resources are updated regularly.

A few of these resources include:

FAQs - Medicinal Cannabis NSW Laws

Below, we answer some of the most frequently asked questions concerning legal medicinal cannabis products and industry legislation in NSW and Australia.

When was medicinal cannabis made legal in Australia?

The use of medicinal cannabis was made legal in Australia in 2016. In 2019, the Federal Government passed legislation to make it easier for patients to access medicinal cannabis products.

However, it is still tightly regulated and can only be accessed by patients with a valid prescription. Prescriptions are only issued by specialist doctors, and patients must first undergo a diagnosis from a specialist doctor.

When was medicinal cannabis made legal in NSW?

The use of medicinal cannabis was made legal in NSW in 2016 - at the same time Australia-wide. In NSW, medicinal cannabis is strictly regulated by the Office of Drug Control, and patients can only access products that have been specifically approved for their condition.

How do I get a prescription for medicinal cannabis in NSW?

In order to get a prescription for medicinal cannabis in NSW, you must first undergo a diagnosis from a specialist doctor. Once a diagnosis has been made, the doctor can then prescribe medicinal cannabis products that have been specifically approved for your condition.

How do I access medicinal cannabis products in NSW?

In order to access medicinal cannabis products in NSW, you must have a valid prescription from a specialist doctor. You will then need to register with the NSW Health Department so that you can be supplied with the product by a licensed supplier.