Recently it was reported, that several patients had brought Medicinal cannabis into Aotearoa/NZ from USA, due to a ‘loophole’ in the law. The Govt. Minister has recently ‘slammed the door closed’ on this, stating that; as it is only a state law (28 USA states), it is not applicable. SO.. I had a look at the clause myself, here it is (as I see it):
‘Misuse of Drugs Act 1975
Public Act 1975 No 116
Date of assent 10 October 1975’
* Relevant section:
‘(l) a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for 1 month, and the drug was (i) lawfully supplied to the person by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber (as defined in section 2(1) of the Medicines Act 1981)’
‘(iii) lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition.’
** Whilst I admit, I am neither a lawyer nor a doctor, the words seem clear to me. This ‘loophole’ has always existed in the ‘Misuse of Drugs Act 1975’ BUT it was not until, Medicinal Cannabis became, widely legally available overseas, that it was seriously considered suitable to challenge, the current; Zero-tolerance/Prohibition stance that the NZ Govt. still seem to champion… regardless of changes occurring in many similar OECD countries.
I have heard that, one of the patients who previously did bring ‘one months medicine’ into NZ, is looking to start a legal challenge to the ‘door slam’ that the minister applied. Nowhere does it say (as far as I read it) that it only applies to Federal/national laws ?