This factsheet explains the Medicinal Cannabis Compassionate Use Scheme, including eligibility requirements, the role of medical practitioners, registration processes, and guidance for patients, carers and NSW Police.
The NSW Government established the Medicinal Cannabis Compassionate Use Scheme to extend compassion to adults with a terminal illness.
The Scheme provides guidelines for NSW Police officers about using their discretion not to charge adults with a terminal illness for possession of cannabis not lawfully prescribed if they are registered with the Scheme, as well as up to three registered carers.
NSW residents who are aged 18 years or older who have a terminal illness are eligible to be registered with the Scheme.
Under the Medicinal Cannabis Compassionate Use Scheme, a terminal illness is defined as:
'an illness which, in reasonable medical judgement will, in the normal course, without the application of extraordinary measures or of treatment unacceptable to the patient, result in the death of the patient'.
The patient can download the registration form and complete Part A. The patient will then ask their practitioner to complete Part B.
The patient will send the completed registration form to the NSW Department of Justice by email or registered post. Once the application is processed, the patient will receive copies of their original documentation with registration numbers for themselves and any nominated carers.
Registration will last for 24 months, after which point the patient can re-register by making a new application.
Registered adults and carers must produce their documentation to NSW Police on request.
The Scheme is administered by the Department of Justice. By registering, patients agree that the Department of Justice can use and disclose information provided in Part A and Part B to check eligibility and for future reviews of the Scheme.
A general practitioner or treating specialist who is registered in Australia and involved in their patient's ongoing care must certify that the patient has a terminal illness as defined by the Scheme.
When completing Part B of the registration form, the medical practitioner must provide patient details, the length and nature of their therapeutic relationship with the patient and the evidence relied upon for certification. As with any certification, false claims may have criminal and professional consequences.
Medical practitioners are not being asked to endorse the use of cannabis and are only certifying that the patient has a terminal illness as defined under the Scheme.
Unregulated cannabis use is illegal and potentially harmful. Adults with a terminal illness who choose to use cannabis do so at their own risk. Medical practitioners may wish to discuss the health impacts of cannabis with their patients and are encouraged to use the opportunity to collaboratively review the patient's care plan.
There are legal pathways for a medical practitioner to prescribe a cannabis medicine for their patient, if the practitioner believes it is an appropriate treatment option.
Police may exercise their discretion not to charge adults with a terminal illness if:
Police may exercise their discretion not to charge carers of adults with a terminal illness if:
It is an offence under the Road Transport Act 2013 (NSW) to drive if the delta-9-tetrahydrocannabinol component of cannabis is present in a person's saliva, blood or urine.