Medicinal Cannabis and the New Regulatory Framework


Social Media Twitter Facebook LinkedIn

On 12 October 2016, the Palaszczuk Government passed the Public Health (Medicinal Cannabis) Bill 2016.

The bill was passed unanimously. The bill provides a frame work for the prescription of and dispensary of medicinal cannabis products to Queensland patients. The Act provides two methods for clinicians to prescribe medicinal cannabis. Firstly, pursuant to Chapter 4, Part 2 of the Act, as a “patient-class prescriber” – that is, specialists who are authorised under Chapter 4 to prescribe for a specific condition which can be treated by cannabis products. Alternatively, through the “single-patient prescribers” scheme which, pursuant to Chapter 4, Part 3 of the Act, allows authorised general practitioners and specialists to prescribe authorised patients medicinal cannabis.
Approval from the Therapeutic Goods Administration and Queensland Health is required before medicinal marijuana can be prescribed by an approved doctor and supplied by an approved pharmacist.

Suitability to hold approval to prescribe

Section 10 of the Act provides a non-exhaustive list of factors that are to be considered when the chief executive is determining whether to grant, or allow the doctor to continue to hold authority to prescribe medicinal cannabis. For a full list of the factors considered, please see section 10 of the Act which can be located through the following link:

Authority to grow medicinal cannabis

Whilst the Act provides a framework for the prescription and dispensary of medicinal marijuana products to approved patients, it does not provide a framework for the legal cultivation of cannabis products. Queensland Council for Civil Liberties spokesman Michael Cope has made statements to the media encouraging the government to enact a scheme to support the establishment of a local supply industry. Mr Cope said: “Our understanding is it’s extremely difficult to get hold of because it’s only manufactured in a few countries and it’s being sold into other markets,” Accordingly, at this developing stage, it appears that the medicinal marijuana products will be imported either internationally or interstate. It would pleasing to see the government enact a framework for the legal growth of medicinal cannabis products.

Possession, production and supplying cannabis is still illegal

Importantly, the Act does not purport to decriminalise or otherwise support the possession, production or supplying of cannabis. The Act merely creates a framework for treatment of patient’s condition or symptoms which are not appropriately managed by other medication.

Fisher Dore can assist treating clinicians in the preparation of applications to the Chief Executive for approval.

Written by: Elliot Boddice


left arrow round - Fisher Dore LawyersRight

I paid you for your knowledge, experience and professional competence. But in addition I got your kindness, compassion and respect. Much appreciated. It helped me a lot. Thanks.


Fisher Dore Lawyers have to be the best criminal lawyers in Queensland.


Great law firm. Technically brilliant, and focused on achieving the outcome that the client wants... and achieving it as quickly as possible.

Josh - Facebook Review

Fisher Dore Lawyers have represented me in a very important case over the last three years. In all that time I have found them to be always informative, efficient and understanding. A very professional company, always available to me for any questions or advice and I have no hesitation in recommending them to anyone needing effective legal assistance.

Peter (UK)
five star icon - Fisher Dore Lawyers

Excellent Representation - Solid advice - Great outcome.

Michael - Google Review
five star icon - Fisher Dore Lawyers

Highly recommended. Real people. Respectful.

Sylvia - Google Review
five star icon - Fisher Dore Lawyers

Fisher Dore are Brisbane’s best law firm. Honest, genuine and (most importantly) competent lawyers who will help you achieve justice. I give them 10/10.

Moreish Food - Google Review
five star icon - Fisher Dore Lawyers

Long term professional association. Established credibility and integrity. A pleasure to be involved in multidisciplinary team work in benefitting clients.

Alec - Google Review
five star icon - Fisher Dore Lawyers

The only law firm I trust!

Kimberley - Google Review
five star icon - Fisher Dore Lawyers

Friendly and professional. Highly recommend the team. Approachable and non-judgemental with a passion and extensive knowledge of what they do.

Rachael - Google Review
five star icon - Fisher Dore Lawyers

This firm was so easy to talk to, compassionate, reliable and 100% hardworking. Thanks so much.

Mich - Google Review

We can't express how grateful we are for all your kindness, support and generosity during this difficult time. With sincere thanks.

Thank you Fisher Dore for all you have done to release the burden we have been living with...well done.

Just want to say thank you for all your help and effort you have put in. You go above and beyond. I appreciate everything you and your team have done for me in helping better my life!

Thank you for fighting for me and for doing such a great job. Please pass on my gratitude to the team.

Thank you for your compassion, dedication and hard work throughout this difficult time. This has been life changing for me and I can't imagine how I would have got through this without your support, professionalism and expertise. I'm so grateful for your efforts and the great work you did on my behalf. Thanks again for going above and beyond, and doing everything you could to win my case.

I just wanted to put into writing, just how profoundly grateful I am for the sound advice & skilful representation you provided. The outcome you secured for me was better than I could have dared to wish for. I owe you a debt of gratitude.

I just wanted to say thank you very much for your handling of my case. I am very pleased with the outcome as well as your professionalism in communication and encouragement in my difficult time. Once again, thank you very much.

I want to thank you for looking after us both in a legal sense and in your sense of care. This has been enormously stressful. Having your diligent professionalism was greatly reassuring.

You will always be known to me and my family as the person who gave us the biggest gift we could ever want. Thank you, thank you, thank you.

Thank you so much for your amazing work. You have made a compelling argument for me and I believe my application was successful only because of your excellent work. You have always been very professional, punctual and provided me with accurate advice at all times. I am extremely grateful that I had you as my lawyer.

five star icon - Fisher Dore Lawyers

Strongly recommend if you would like the best chance at freedom.

Alex - Google Review
Close popup tab