Queensland Numbered Acts

PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 93

93 Misuse of lawful direction for medicinal cannabis

(1) A person must not obtain, or attempt to obtain, medicinal cannabis by using 1 or more of the following documents—

(a) a document the person has prepared, if the person is not a single-patient prescriber or a patient-class prescriber;

(b) a document the person knows has been prepared by someone who is not a single-patient prescriber or a patient-class prescriber;

(c) a written lawful direction the person knows falsely states the name or residential address of the patient to be treated under the lawful direction;

(d) a written lawful direction the person knows has been changed in any way by someone other than—

(i) the single-patient prescriber, or patient-class prescriber, for the lawful direction; or

(ii) a pharmacist authorised to dispense medicinal cannabis for the lawful direction.

Penalty—

Maximum penalty—100 penalty units.

(2) The following persons must not prepare a written lawful direction for medicinal cannabis in the person’s own name, unless the person has a reasonable excuse—

(a) a single-patient prescriber;

(b) a patient-class prescriber.

Penalty—

Maximum penalty—100 penalty units.

(3) A person must not change a written lawful direction for medicinal cannabis in any way, unless the person is—

(a) the single-patient prescriber, or patient-class prescriber, for the lawful direction; or

(b) a pharmacist authorised to dispense medicinal cannabis for the lawful direction.

Penalty—

Maximum penalty—100 penalty units.

(4) A person does not commit an offence against subsection (3) if the person—

(a) accidentally makes a change to the lawful direction; and

(b) takes reasonable steps to rectify the change.

(5) In this section—

"single-patient prescriber" , for a lawful direction, means the single-patient prescriber who prepared the lawful direction in accordance with this Act and the medicinal cannabis approval for the medicinal cannabis.

"patient-class prescriber" , for a lawful direction, means the patient-class prescriber who prepared the lawful direction in accordance with this Act.