Proposal for legalizeing medicinal cannabis rep of ireland 2011

To Minister Mary Harney

1st open your heart for those who are suffering

The Compassionate Use of Medical Cannabis Act 2010
The purpose of this act is to make available to patients who could benefit from it,
medical cannabis. It has been proven by many Universities, Professors,
Researchers & Doctors that cannabis is one of the most effective medicines in the
treatment of many ailments. These include, but are not limited to, cancer, MS,
Muscular Dystrophy, arthritis, chronic pain, depression, glaucoma, HIV/AIDS,
cerebral palsy, Post Traumatic Stress Disorder, Fibromyalgia or any ailment listed in
the accompanying document Appendix A. It is also an effective prevention against
many forms of cancer, osteoporosis, heart disease and strokes to name a few. This
act provides the necessary security in the dispensation of medications, health &
safety protections, protection of patients, physicians, caregivers and providers rights
under the law against prosecution for legally held medicine. It also provides legal
recourse for the abuse of the protections of this law.





Section 1 Glossary of terms
1. Patient is described herein as a person prescribed medical cannabis from a
registered physician who legally operates and resides within Ireland.
2. Physician is described herein as a person, registered with the state to legally
operate within Ireland and who normally resides within the state. The
physician must be legally registered to prescribe medication.
3. Caregiver is described herein as a person nominated by the patient to obtain/
produce cannabis for the patient in cases of severe disability or the inability of
the patient to obtain/ produce their own medication. The caregiver shall be
required to register with the state and carry an identification card similar to
patients cards.
4. Provider is described herein as a producer of medicinal cannabis. They shall
be subject to criminal background checks prior to being licensed by the state.
They must normally be a resident of Ireland and shall be required to follow
the guidelines put forth in this law. The state shall be required to inspect the
providers production area to ensure it is secure, meets the standards of this
law and is producing organically grown medicine of the highest standard.
Patient safety is our primary concern.
5. Dispensary is described herein as a state licensed dispensary of medicinal
cannabis. Proprietors shall be subject to criminal background checks prior to
being issued with a licence. Proprietors shall be required to follow the
guidelines put forth in this law. Licences may be revoked if a dispensary is
found to be in violation of this law. Proprietors may be subject for prosecution
under the Misuse of Drugs Act if found guilty of repeated offences wherein
sales have been made to persons for whom it has not been prescribed,
except in cases where it can be shown the proprietor took every step to follow
the law as set out.
6. Cannabis is described herein as being the dried flower of the female plant of
either genus, Cannabis Sativa or Cannabis Indica, oils from either genus,
processed forms of cannabis flowers such as hashish, kif, food products
infused with cannabis, Sativex & Marinol.
Section 2 Rights & Responsibilities of Physicians
1. Physicians shall not be prosecuted under existing Drug or Health & Safety
laws, or suffer any impairment to operate or to be licensed by the state for
discussing the use of cannabis as a medicine with any patient.
2. Physicians shall not be subject to any increase in liability insurance based
upon the prescription of medical cannabis as full responsibility is accepted by
the patient.
3. Physicians must warn patients of any potential side-effects of the use of
cannabis and the potential for abuse. Physicians must also warn patients
about keeping medication in a secure place out of the reach of children.
4. Physicians shall be required to discuss alternative medications to cannabis for
the ailment the patient has been diagnosed with. If the patient has previously
been prescribed such medication or has experienced negative side-effects
and feels cannabis is a better alternative that shall be noted.
5. Physicians can freely discuss the use of cannabis as a medicine and can
refuse to recommend its use if it is in the best interest of the patient.
6. Physicians have the responsibility to prescribe medical cannabis in a fair and
professional manner.
7. Physicians must monitor a patients progress under treatment at regular
intervals as with other medications, at which point further recommendations
can be made.
8. Physicians have the power to request that a patients recommendation be
withdrawn if cannabis is believed to be having a negative effect on the
patients physical or mental well-being.
9. This request must be made to the state and enforced by either return of the
card to the state or confiscation by a dispensary upon presentation after a
request has been made by the state, or other means based upon the powers
of the state.
10. Physicians shall be required to have the patient sign a disclaimer form, which
protects the physician from liability, confirming they have discussed all the
health & safety issues mentioned in Section 2 of this law. The patient accepts
full responsibility for their use of medicinal cannabis.
11. Physicians shall be permitted to suggest a recommended dosage of cannabis
in various forms.
12. Physicians shall be required to verify in writing to a Dispensary or Provider,
confirmation of a patients recommendation prior to medication being
dispensed.
13. Physicians shall be required to register each patient with the state. The state
shall at this point issue an identification card to the patient.
14. Physicians shall be permitted to request reasonable administration costs in
regards to the extra overheads incurred by the processing of medical forms
under this act, not to exceed 150.
15. Physicians shall be required to verify the identification of the patient by signing
the back of a current passport-sized photograph and providing written
confirmation as to the identity of the patient.
16. This photograph and accompanying confirmation shall be sent by the
physician directly to the state along with the patients accompanying request
and payment for an identification card. Payments may be made by postal
order or other forms.
17. This request shall include the patients full name, current address, date of
birth, physicians name and period of prescription no longer than 12 months.
18. The state shall be required to issue a secure identification card, with
holographic or other security features incorporated to reduce potential for
forgery.
19. The state shall charge an administration fee of 20 per card issued. Cards are
renewable on a 12 month basis if required. This fee shall remain at 20 and
cannot be increased for a minimum of 5 years.
20. The state shall not have the power to refuse a patients request for an
identification card if the request has been confirmed by their physician and all
information provided is true and correct at the time of issue.
Section 3 Rights & Responsibilities of Patients
1. A patient who is under a physicians care for any ailment listed in the
accompanying document labelled as Appendix A, or any ailment for which
cannabis may provide relief, may legally possess cannabis in plant or
processed form provided they have been recommended by a physician.
2. Patients have the right to discuss the use of medical cannabis with their
physician in the event of them being diagnosed with one of the ailments
listed in Appendix A.
3. Patients have the right to be treated according to existing Health & Safety
laws in regards to patients rights and shall not be discriminated against in
any way for requesting or using medical cannabis.
4. Patients can request a consultation with another physician in the event that
their primary physician has refused a recommendation. This consultation
must include a physical exam and review of the patients medical history.
5. Patients shall not be discriminated against in regards to employment law
for using medical cannabis except in instances of a high risk of potential
public safety issues such as pilot, physician, train driver, Garda etc.
6. Patients prescribed medical cannabis are required to apply for a stateissued
ID card.
7. Provisions must be made by employers in the event of an employee in a
position of potential for a public safety issue, being issued medical
cannabis, to provide them with another position of employment within the
company, which does not place them or the public at risk.
8. Patients must not at any time operate any large machinery while under the
influence of medical cannabis.
9. Any patient in a high-risk position for causing public safety issues while
under the influence of medical cannabis during employment hours must
immediately advise their employer of their status as a medical cannabis
patient. Failure to do so shall be considered potential grounds for dismissal
and they shall be held liable civilly for their actions.
10. Patients found in violation of Section3 subsection 8, can be held
accountable under the Misuse of Drugs Act or Road Traffic Acts etc. as
applicable.
11. Patients have a duty to act in accordance with all provisions of this law at
all times.
12. Patients have a duty to be responsible in their use of medical cannabis.
Medication must be stored in a secure place out of the reach of children.
13. Patients must not smoke medical cannabis in any closed environment
where children are present. Patients shall be required to act responsibly
with regard to public decency and safety if they need to medicate outside
the home.
14. Patients shall not smoke cannabis in any public building or any space
where smoking is prohibited.
15. Patients found in breach of any of the provisions of this law may have their
card and status revoked in cases of serious or repeated violations.
16. Patients prescribed medical cannabis by a physician must carry their
state-issued ID card at all times while in possession of medical cannabis in
public.
17. Patients must present their state-issued ID card on each visit to a
dispensary.
18. Patient purchases must at all times be logged on a database linking each
dispensary and provider to ensure that patients are not abusing the law to
obtain more medicine than they require. This will provide safeguards
against supply to persons who are not in possession of a valid prescription
or recommendation.
19. Patients shall not provide prescribed medical cannabis to any other person
who is not in possession of a state-issued ID card.
20. Patients prescribed medical cannabis by a physician may not be subject
to confiscation of their medication by An Garda Siochana or any other
state body except in instances whereby they have been recorded providing
cannabis to a person for whom medical cannabis has not been prescribed.
21. Patients found in possession of cannabis in public who cannot present
their valid state-issued card may have their medication confiscated.
Patients have 7 calendar days to produce their valid ID card, or a
photocopy in the case of lost cards, at the Garda Station involved and
claim their medication, except in cases where investigations are pending in
violation of Section 3 subsection 20.
22. Any medical cannabis confiscated and held by An Garda Siochana must
be weighed and recorded with the patient present; it may be destroyed
only after 7 calendar days. Any medication confiscated and destroyed
before 7 calendar days has passed shall be replaced at cost to the state.
23. Patients shall if requested to do so provide access to a state registered
inspector in order that they may inspect the area where cannabis is being
stored or produced in order to show that the highest standards of security
and production are being met.
24. Patients must notify the state of any change in address in regards to
places where cannabis may be stored or produced within 30 days of such
a change.
25. Patients recorded in an act in violation of Section 3, subsection 20 may be
subject to prosecution under the Misuse of Drugs Act and other laws as
applicable. Applicable sentences may be increased based on the violation
of this law as the Judge may see fit.
26. Patients who are parents of children under the age of 18 shall be held
accountable to all Social, Family and Health laws in regards to the welfare
of their children and may be subject to investigation by the Social, Family
& Welfare Dept. if there are reports of child-endangerment in regards to
medical usage or the abuse of same.
27. Patients under investigation by the state for violations in regards to Section
3, subsection 20, have the right to a fair hearing and shall not be
discriminated against based solely upon their use of medical cannabis, i.e.
the state must show good cause for such an investigation.
28. Patients shall not be discriminated against in legal child custody cases in a
court of law based on their usage of medical cannabis. Cannabis shall be
considered no different to other prescribable medications in this regard.
29. Patients shall be permitted to grow a suitable number of plants based upon
their physicians recommendation, up to a maximum of 20 mature plants
and 20 immature plants at any one time.
30. Patients must register their production area where cannabis is grown and
this information recorded on a government database for reference
purposes.
31. Patients who nominate a Provider must register this information with the
government. This information will be stored on a database to ensure that
Providers are only producing the number of plants applicable per patient
as set out in Section 3, subsection 29.
32. Patients can nominate one caregiver or provider to obtain/produce
medical cannabis in the event of the case of severe disability or other
reasons prohibiting the patient from producing their own medication.
33. Patients have the responsibility of registering their caregiver or provider
with the state and obtaining the necessary stateissued ID card allowing
the caregiver to act on behalf of the patient at dispensaries etc.
34. Patients who nominate a caregiver must verify each purchase made on
their behalf by telephone with the dispensary on their phone number
which shall be on the dispensary database. Dispensaries shall not be able
dispense to any person without such confirmation, unless the request is
made by their physician on behalf of the patient.
35. Patient cards may not be subject for confiscation except under direct order
from a Ministers office that has concluded an investigation and has
responsibilities in regards to applicable Health & Safety or Welfare laws.
Section 4 Rights & Responsibilities of Caregivers
1. Caregivers are nominated by the patient as a person designated to purchase
and/ or produce medical cannabis on behalf of a patient prescribed by a
physician and are registered with the state.
2. Caregivers bear the responsibility of ensuring the patients prescription and ID
card are valid and that the patient is registered with the state for the purposes
of ensuring their protection under the provisions of this act.
3. Caregivers are permitted under the provisions of this law to possess cannabis
in order to obtain/produce cannabis for a registered patient as described
herein.
4. Caregivers shall be required to carry an ID card similar to that of the patient,
listing their name, address, patients name and the name of the patients
physician.
5. Caregivers must be registered with the patients physician.
6. Caregivers cards shall be issued by the state upon the request of the patient
and shall be subject to the same administration fees and regulations.
7. Caregivers are given the same protections under the provisions of this law as
patients in regards to employment, discrimination etc.
8. Purchases made by a caregiver on behalf of a patient will be logged in the
same manner as those of a patient on a database linked to each dispensary
and provider.
9. Caregivers must notify the state of any change in address in regards to
places where cannabis may be stored or produced within 30 days of such a
change.
10. Caregivers shall if requested to do so provide access to a state registered
inspector in order that they may inspect the area where cannabis is being
stored or produced in order to show that the highest standards of security and
production are being met.
11. Caregivers may be requested by Inspectors to provide additional security
based on a reasonable threat of theft or danger to minors etc.
12. Caregivers cards may not be subject for confiscation except under direct
order from a Ministers office that has concluded an investigation and has
responsibilities in regards to applicable Health & Safety or Welfare laws, or
immediately in the effect of the revocation or completion of a patients
prescription.
Section 5 Rights & Responsibilities of Providers
1. Providers who are normally resident in Ireland and who meet the
requirements of this act in regards to criminal background checks, security
of production area, safety measurements, organic production and pest
control, may be licensed by the state to produce cannabis for supply to
dispensaries.
2. Providers shall be required to ensure the area where cannabis is produced
is secure. This shall include but not be limited to steel reinforced doors,
bars on windows, security alarms and cameras in place outside and inside
the area.
3. Providers shall be required to show that electrical and other necessary
wiring etc. meet all safety regulations.
4. Providers shall be allotted a quota of plants to be grown based on the
number of patients in the dispensary being supplied. This shall be strictly
enforced by government inspectors.
5. Providers shall be required to meet E.U. organic food standards to ensure
the highest quality medicine is produced. This is to ensure patient safety.
6. Providers shall be required to pay tax on medicine sold to dispensaries in
line with other agricultural produce.
7. Providers shall be afforded the same protections from prosecution and
discrimination etc. as patients, and caregivers described herein.
8. Providers shall be required to label produce as to the strain of the flower,
the thc and cbd levels, whether of the Sativa or Indica genus, weight,
ingredients and all required food labelling in the case of edible food
products, warnings for health & safety etc.
9. Providers shall be required by law to register the address of the production
area with the government and ensure that it meets all safety and security
standards as stated in Section 5, subsection 2, prior to production being
commenced.
10. Providers shall be required to provide unfettered access to government
inspectors who shall upon inspection, certify the area as safe and secure,
or otherwise.
11. Providers, who are engaged in the production of food products, or any
processed forms of cannabis, shall be required to meet all HACCP and all
current Health & Safety requirements in regards to food production. This
shall include the appropriate labelling and warnings.
12. Providers shall permit access at any time asked by government inspectors
to registered production areas.
Section 6 Rights and Responsibilities of Dispensaries
1. Dispensaries as described herein shall, under the provisions of this act, be
licensed by the state to purchase, sell and distribute cannabis and
cannabis products to prescribed patients, carrying a state-issued ID card.
2. Dispensaries will be issued a licence based upon stringent conditions
including, Garda background check, ability to provide a safe, clean, secure
place of business etc. This license can be revoked if any connection
between the dispensary and organized crime can be proven. Any
dispensary operating in such a manner shall be subject to investigation by
the Criminal Assets Bureau.
3. Dispensaries shall be permitted to operate within certain business hours
and within the guidelines set forth in this act.
4. Dispensaries shall not be permitted to operate within .5 kilometres of any
existing school, day-care centre or community centre.
5. Dispensaries shall be required to store medication in a secure manner at
all times. Government inspectors shall be required to inspect the manner
in which it is stored and may request that reasonable additional security
measures be taken.
6. Dispensaries shall provide unfettered access to government inspectors
within reasonable hours, to allow for inspections.
7. Dispensaries shall be required to confirm the patients prescription with
their physician prior to dispensing medical cannabis to either a patient or
their nominated caregiver. The details of the prescription shall be recorded
on the patients first visit and may be renewed based on the physicians
recommendation in writing.
8. Dispensaries shall be required to have a database, linking each
dispensary, in which the patients information, including physician,
caregiver, prescription details etc. is stored. Each purchase made by a
patient or caregiver shall be logged on this database to ensure attempts
are not made to abuse the system.
9. Dispensaries are prohibited from dispensing medication to any person who
is not prescribed by a physician and who is not registered in the database
as a patient or caregiver, under any circumstance.
10. Dispensaries found in violation of Section 6, subsection 9, of this act, shall
be prosecuted under the Misuse of Drugs Act and shall have their license
to dispense revoked.
11. Dispensaries shall be required to have security personnel on site during
business hours. These security operators must be registered with the state
and operate within existing laws.
12. Dispensaries shall be required to confirm the identity of any patient or
caregiver prior to their entry where medication is dispensed. Only
registered caregivers and patients are permitted into these areas.
13. Dispensaries shall be permitted/ required to provide an area where
patients are permitted to medicate.
14. Dispensaries shall be required to ensure that all medication is labelled
according to the provisions of this act prior to dispensation.
15. Dispensaries must operate in accordance with existing E.U. and state
laws in regards to employment and health & safety regulations.
16. Dispensaries found to be in serious breach of this act or existing health
and safety regulations may have their licence revoked, based on the
findings of a public investigation.
Section 7 Addendums
1. The State shall issue a minimum of 6 licences in the first year to
successful applicants based on the conditions set forth in the provisions of
this act.
2. Patients under the age of 18 shall be required to have a recommendation
from a consultant in order to obtain medical cannabis, and only then in
extreme cases.
3. The issuing of licences shall be tightly controlled by the state in order to
maintain the integrity of the system.