On Wednesday of the last sitting week in November, Senator Shoebridge proposed a bill to legalise cannabis. While support for legalising cannabis is growing strongly across Australia and Queensland, it’s essential to approach the topic with care, data, and diligence. It’s important to understand that despite claims by the TGA and the Lib-Lab UniParty that medicinal cannabis is freely available, the reality is quite different. The plant is artificially expensive and restricted in availability.

In an honest and effective way, we need to make medicinal cannabis easy and affordable to access for millions of Australians. One Nation will continue to lead the way in taking this first, humane step.

While we welcome much of Senator Shoebridge’s bill, there are three key sticking points that One Nation cannot accept:

1. One Nation cannot support home grow at this time. The trial of home cultivation in the ACT has shown it’s not widely adopted. A licensed commercial system would benefit more people than home grow at this stage

2. The fines and jail sentences proposed in the bill are excessively high. One Nation believes in ensuring that the punishment fits the crime, and this bill strangely gets that balance wrong.

3. One Nation does not support creating a new government entity to maintain a cultivar database. Instead, we would work with existing entities to achieve this purpose.

That said, the approach of removing cannabis from the control of pharmaceutical company salespeople at the TGA and establishing a new unit led by people who understand the plant, the industry, and can advance medicinal cannabis—is an excellent idea that One Nation fully supports.

A vote for One Nation is a vote for Australian, whole-plant, natural medicinal cannabis for anyone with a medical need. It would be accessible via a prescription from a doctor, nurse practitioner, or cannabis specialist, and filled by a pharmacist or qualified dispensary under the PBS.

This plan will not increase costs to taxpayers. Evidence from countries that have adopted this model shows that cannabis reduces healthcare spending, as it’s cheaper than many expensive pharmaceutical alternatives—if implemented correctly.

Transcript

There’s much in the Legalising Cannabis Bill 2023 which would make the regulatory environment for cannabis in Australia much, much fairer, so I thank Senator Shoebridge for bringing this bill before the Senate. I feel very pleased to speak, excited about some things and disappointed about others. For too long, the government of the day, both Liberal and Labor, have acted to defend the pharmaceutical state from the competition that medical cannabis represents. Indeed, our regulatory body, the Therapeutic Goods Administration, is funded from the pharmaceutical industry that it purports to regulate. The result is regulatory capture. 

In recent years the Therapeutic Goods Administration, the TGA, has taken decisions that defy logic and that breach integrity—decisions that have placed 90 per cent of Australian adults at great risk of harm and death, decisions that have led to excess deaths it refuses to address, because the cause is the TGA and our health authorities. The TGA is a failed experiment; that is abundantly clear. It’s time to shut down the TGA and its apparatus of expert committees and agencies which act in concert to support the pharmaceutical industry to the detriment of the Australian people. It’s time to return control of drug and medical device approvals to the department, where the parliament will be able to exercise oversight and ensure accountability and transparency, which are sadly missing with the TGA. 

The department can be downsized. Health is the state responsibility. Centralised regulation of drugs in the hands of the Commonwealth makes sense, and the states should be charged the cost of doing it or do it themselves, as they used to. Cannabis was removed from medical options in Australia following the Menzies government’s passage of the National Health Act 1953. This legislation placed the British Pharmacopoeia as the primary source of standards for drugs in Australia. Cannabis was a stalwart of pharmacopoeia. In 2024 the only pharmacopoeia that still includes medicinal cannabis is the European version. My point is that cannabis was widely used and accepted as a legitimate medical option across a wide range of profiles for a wide range of conditions. Without a doubt, pharmaceuticals have been a boon for modern society in many ways, although for many people modern pharmaceuticals don’t work, or the side effects can exceed the benefit. There’s a simple reason for this: medical cannabis has thousands of versions, with different combinations of cannabinoids, terpenes, flavonoids, steroids and other elements of the plant. There are thousands of elements. The Australian cannabis cultivar repository has almost 1,000 live cultivars of cannabis and is adding more all the time. 

The significance of this is that it allows a patient, under the right guidance, to match their strain of cannabis—known as the profile—to the condition that they have. Modern pharmaceuticals employ and promote the opposite approach, matching a pharmaceutical product to a condition—one size fits all, if you like. That’s not the way health should be. But both approaches should be available to the Australian people. 

I know the government and the opposition will point to the number of prescriptions written under the pathway scheme for medical cannabis and use that to mislead the public about the success of the current system. Before they make that ill-informed statement, I ask for an answer to the question the TGA refuses to answer: how many people who received a prescription for medical cannabis actually filled it? I’ll ask that again: how many people who received a prescription for medical cannabis actually filled it? My office is hearing from patients who could not afford the prescription, who could not find a chemist to fill it—often because supply was not available—and who paid out big money to get supply that was stale or even mouldy. I want to know how many people who used a medical cannabis product then suffered a side effect. I received a response to a question on notice around this last year. The answer, though, did not differentiate between legal and illegal supply. 

So many people have trouble with price or availability and they fill their prescription on the black market. Some of the black-market players run rings around the quality of the legal supply, and many others do not. On the volume of prescriptions written, though not necessarily filled, the rate of harm from medical cannabis is substantially below the rate of harm for many pharmaceutical drugs. Yet cannabis has not been embraced as an alternative treatment. It used to be the leading medicine in the medical almanac in the 1930s in America; it was No. 1. So why hasn’t it been embraced? Why has it been knocked out? Money talks. 

Restrictions to medical cannabis are more than directly regulatory. Other subtle hurdles make it difficult to access and use affordably, and that’s to the detriment of Australians’ health. Cannabis will never be approved because the cost of navigating the TGA system is so high that no cannabis supplier can afford it. The Legalising Cannabis Bill 2023 contains a new regulator which could function as a unit with the department. The Cannabis Australia National Agency, CANA, would employ people who know the plant and who know how it should and should not be used. That’s a blessing. CANA would set standards for use, sale, promotion, production and importation without the need for a sponsor. CANA could work with the department to understand the supply needs of the pathway scheme to issue formal guidance on profile and volume until such time as the industry develop the critical mass to do that themselves. This solves the pathways scheme’s biggest hurdle: the supply is patchy and the quality is often rubbish. CANA would license strains of cannabis and issue guidance for use through a new agency. I suggest the Greens could have used the existing Australian cannabis register, although that’s a small point. Regulation is necessary. Some of these insane new varieties of cannabis coming out of the United States have THC levels above 30 per cent. The cannabis that came to Australia during the Vietnam War was only three per cent THC. Over 30 per cent THC is insane, though perhaps useful for palliative care at best. 

At this point, One Nation and the Greens diverge. The bill allows home cultivation of six plants. One Nation cannot support home grow. There is a qualification here: our opposition to home grow can exist only if Australians have access to safe, cheap, tested, licensed and accessible product, with a prescription from a doctor or nurse practitioner filled through a chemist or other suitable agent and supplied on the Pharmaceutical Benefits Scheme, the PBS. One Nation introduced a bill which would have done just that, and it was roasted, including by the Greens, can I say. In an interesting example of karma, their bill met the same fate. 

The German government tried for two years, through 2022 and 2023, to introduce legislation which was similar to mine—sensible down-regulation of cannabis. They spent two years fighting entrenched interests, their own department and the Bundestag, the German parliament, and then lost patience. In a decision which could be characterised as ‘Stuff the lot of you’, the government simply legalised cannabis. That came into effect on 1 April this year. I’m pleased to inform the Senate that, in a country which is directly comparable to our country, Australia, legalised cannabis hasn’t caused the world to end. In fact, nothing harmful has happened. This was the same result in the Australian Capital Territory, which allowed home grow three years ago with the same result. No harm happened. In fact, nothing happened. And that is a problem. Legalising cannabis is supposed to help people treat medical conditions, reduce drug and alcohol addiction, reduce the presence of organised crime and chill. None of that appears to have occurred. Homegrown appeals to the small number of Australians within the cannabis community who know what they are doing and who have the land to home grow. For most Australians, regulated supply works better. At this point in the development of cannabis in Australia, regulated supply will help more Australians than home grow will. I’ll say that again. At this point in the development of cannabis, which is continuing, in Australia, regulated supply will help more Australians than will home grow. 

The cannabis community makes a mistake that I find quite frustrating. They judge the plant on the basis of their experience and knowledge. They advocate for open grow and use like it were nothing more than a herb. It’s not just a herb. As I said earlier, there are 1,000 different profiles, and that number is increasing. How does an average Australian, a typical Australian, with no or limited knowledge know which one is right, how to grow it properly, how to prepare it properly and how to store and use it correctly? A typical Australian doesn’t know that, and that suggests smoking the plant, which One Nation suggests is the worst way to take medicinal cannabis. The most scientific, the most accurate and the safest is to purchase a cannabis vaping solution and vape it. But I won’t go there further today. 

The other aspect of the bill One Nation cannot accept is the fines and jail sentences for minor breaches of the regulations. Seriously, six months in jail and 200 penalties earned, which is $36,000? On the other hand, children under 18 get off without a penalty at all. I get that the Greens are trying to raise the age of criminal responsibility, but a 17-year-old who starts a business growing and selling cannabis gets no penalty at all. One Nation questions that. This has not been thought through properly. 

Let me finish with a warning and an invitation. Increasingly, One Nation is tending to the German response. If you won’t allow sensible regulation, then no regulation it is. We need sensible regulation. One Nation is prepared to engage with the government and others across the Senate to achieve a sensible regulation of cannabis, including on the PBS. We continue to listen to the community, to the people, Queensland and Australia, because we want to achieve a sensible regulation of cannabis including on the PBS.