PLEASE SIGN AND SHARE TO STOP CANNABIS ARRESTS AND PROSECUTIONS IN QUEENSLAND

BY signing our petition, the letter below will be emailed to the Director of Public Prosecutions (DPP); Police Prosecutions at Gympie; the Attorney General Yvette D'Ath; Police Minister Mark Ryan, and other Decision Makers. 

OUR CHANGE.ORG PETITION LETTER TO DECISION MAKERS 

Cannabis arrests and prosecutions are Not in the Public Interest, therefore we request the following:

1. The Queensland Police STOP Cannabis Arrests.

2. The DPP and Police Prosecutions to withdraw charges against 67 year old Maggie O'Rance and ALL of the other patients and carers who are currently being prosecuted for cannabis charges in Queensland courts.

3. We also want cannabis to be treated as a health issue and NOT a criminal issue and request the Queensland Government to make urgent changes to the Drugs Misuse Act and Regulations to allow for the following:

* Possession of 50 grams of cannabis; and

* Permits to grow up to 6 cannabis plants in flower; and 

* Lab testing of our own cannabis and cannabis oils and tinctures; and 

* State licences for not for profit organisations and Queensland registered businesses to cultivate, manufacture and supply safe and affordable cannabis products within Queensland.

Director of Public Prosecutions Guidelines: 

The Director of Public Prosecutions (DPP) policy guidelines state that if a prosecution is not in the public interest then it should not be pursued, scarce resources should only be used to pursue cases worthy of prosecution and NOT wasted pursuing inappropriate cases.

Police Prosecutors (Magistrates Court matters) and the DPP (District and Supreme Courts) must consider if there are any lines of defences open and whether discretionary factors dictate that the matter should not proceed in the public interest.  

It is a two tiered test:-

(i)  is there sufficient evidence?; and

(ii)  does the public interest require a prosecution?

Police must also comply with the guidelines and asses whether it is in the public interest to charge a person. 

Defences to Cannabis Charges

A person arrested for growing or possessing cannabis is charged under the Drugs Misuse Act with "unlawfully" producing a "dangerous drug" or unlawfully possessing a "dangerous drug."

Section 4 of the Drugs Misuse Act defines unlawfully as: “unlawfully means without authorisation, justification or excuse by law."

This definition clearly shows a person can lawfully produce or possess cannabis in any one of three ways. 1. Authorisation for example via a doctor's prescription; or 2. Justification or 3. Excuse. Justification and Excuse are separate common law principles whereby a person may be justified or excused from committing the alleged crime because cannabis is a necessity to prevent death or serious harm.  In the alternative, Queensland's Criminal Code also provides for statutory defences such as Extraordinary Emergency (s25) and Justification and excuse - compulsion (s31(1)(d). Other defences are also available for parents and carers.

Despite the existence of a number of defences, people on low incomes and welfare are forced to plead guilty as Legal Aid do not fund Not Guilty pleas and most people can't afford tens of thousands of dollars for a private lawyer.

CANNABIS PROSECUTIONS NOT IN THE PUBLIC INTEREST

We are calling on the DPP and the Police to use their discretion not to proceed with these cases on public interest grounds.

Below are some of the patients and parents who have been unfairly charged by police and prosecuted through Queensland's criminal court system. 

MAGGIE O'RANCE - PROSECUTION NOT IN THE PUBLIC INTEREST!

Maggie is a retired nurse and aged pensioner. She has been battling multiple medical conditions for the past 15 years. In 2018, Maggie was arrested and charged after 8 police officers raided her home, where they seized 6 dead seedlings and 0.3 gram of cannabis. After two adjournments she was offered no conviction and a fine or a good behaviour bond IF she entered a Guilty Plea.

Maggie's Court Outcome - 2018 cannabis charges 

Maggie plead Not Guilty, and her matter was transferred to Gympie Magistrates Court for trial, where Maggie represented herself.  Maggie filed a comprehensive affidavit outlining her medical history, cannabis use, attempts to source a prescription and her financial circumstances. Maggie also cross examined 2 of the police officers and a police witness, then took the stand and gave evidence herself. The prosecutor accepted Maggie's affidavit and testimony that the cannabis was being grown to treat her medical conditions but still asked for a penalty to be imposed and conviction recorded. After several hours, and due to her health, Maggie was unable to continue and argue the defence of necessity. The Magistrate accepted Maggie's testimony and her affidavit. Although the Magistrate found her guilty, he handed down his decision as follows: 

NO PENALTY     NO CONVICTION 

Maggie's New Cannabis Charges - December 2019 

In December 2019, Goomeri Police charged Maggie again, this time with possession of less than 0.5 gram of cannabis. Maggie's case was transferred to Gympie again, where it was adjourned for the prosecution to consider a public interest submission. 

See our update on Maggie's current charges in the Gympie Magistrates Court. 

DEB LYNCH- PROSECUTION NOT IN THE PUBLIC INTEREST!

Deb is a terminally ill patient, grandmother and president of the MCUA. She was charged in July 2017 with "unlawfully" producing a dangerous drug, alleged to be 5 cannabis plants and possessing cannabis and other charges.  She pleaded Not Guilty to all charges as her use of cannabis is a medical necessity. In 2018, Deb appealed to the District Court against the Magistrate's decision to set aside subpoenas that Deb had served on Queensland Health in Nov 2017. Deb filed an outline of argument in the District Court in May 2018, on whether the common law defence of necessity was available to cannabis charges and her right to the subpoenaed documents. The appeal was delayed as Queensland Health filed a delaying application, to which Deb filed an affidavit in response, then shortly after Deb was in hospital for over 6 months after her leg was amputated. After her appeal in the District Court was unsuccessful, Deb appealed to the Court of Appeal, but as Deb was struggling with her health and representing herself in the Court of Appeal, she was offered the help of barristers, who have since been representing her in the Beenleigh Magistrates Court. Her trial has been adjourned several times, awaiting the outcome of Alex Dimitropoulos's appeal to the Supreme Court of Appeal. Despite her health Deb has been a tireless advocate and has helped run many educational workshops in QLD.  

There are other patients and parents being prosecuted in Queensland Courts on cannabis charges who also need Police Prosecutions or the DPP to drop their charges.

JAMIE BLAKE - PROSECUTION NOT IN THE PUBLIC INTEREST!

UPDATE: Outcome of Jamie's Sentencing in the Supreme Court Rockhampton Outcome  

Jamie and his partner pleaded guilty to several cannabis-related charges including one charge of supplying a dangerous drug to a minor, which came with a maximum 25-year jail sentence.

NO Convictions were recorded and they received a $100 fine for each offence, in total of $900 in fines.

In sentencing, Justice Graeme Crow described the case as: "almost unique. I accept that there's no evidence that the child Callum was injured. I accept that you provided the drug to him for medicinal purposes and after receiving medical advice. And as (your) counsel have said, your offending comes through altruistic objectives, that is you're trying to care for your child."

10.12.18 Sentence Hearing, Supreme Court, Rockhampton - see update above

This case is URGENT. Young parents Jamie and Stephanie have both been charged with "unlawfully" producing and possessing a "dangerous drug" and the more serious charge of "aggravated supply" of a "dangerous drug" to a minor, their 5 year old son Callum who has autism, an offence that carries a maximum penalty of 25 years in prison. Police seized a few seedlings but did not seize any oil and have not produced a certificate of analysis to support the supply charge. Legal Aid did not challenge any police evidence and against Jamie's instructions to enter a not guilty plea, Legal Aid handed his matter straight up to the Supreme Court for sentencing.  As a consequence of being charged, Jamie's Blue Card was cancelled along with $140,000 in business contracts installing shade sales in pre-schools. Jamie has started a gofundme page to help raise $14,000 to pay for a private barrister to represent him at his sentencing.  The support from the public for this family, including hundreds of donations ranging from $5 upwards, shows this case is NOT in the Public Interest and should not proceed.

TABLED PARLIAMENTARY PETITION 2018 

In September 2018, we launched our online and paper Parliamentary petition, sponsored by Michael Berkman (Greens MP for Maiwar) asking for changes to Queensland's medicinal cannabis laws to remove the state approval process to access cannabis under the federal government's scheme, and for changes to the Drugs Misuse Regulations to allow exemptions for the possession and cultivation of cannabis. 

Over 5,200 Queensland residents signed the petition. On 14 November 2018, our petition was tabled in Queensland Parliament, and referred to the Health Minister, Steven Miles for a response by 14 December. 

* On 13 Nov 2018, the day before our petition was tabled, the Health Minister Steven Miles introduced a Health Bill to repeal the Public Health (Medicinal Cannabis) Act 2016. The Bill proposes to remove all red tape at a state level and has been referred to the health committee for public submissions and an inquiry starting on 5 December (see below for repeal).   

* On 14 Nov 2018 the Health Committee tabled a report approving changes to the Public Health (Medicinal Cannabis) Regulations 2017. The QLD Government made some interim changes until the repeal Bill is passed, but these changes don't help people who can't afford cannabis products and certainly do not help those patients and carers who are currently before the courts or at risk of arrest. Specialist medical practitioners, including General Practice Specialists can now prescribe cannabis without needing state approval and non-cancer pain was added to the conditions, however specialists still need approval from Queensland Health to prescribe cannabis for all other conditions including cancer pain and adult epilepsy, and GPs still need approval for all patients and all conditions. No changes were made to the criminal laws to provide clear exemptions permits for cultivation and possessions of cannabis. 

UPDATE 2019: REPEAL OF THE PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 REMOVES CONVOLUTED STATE APPROVAL PROCESS 

In 2019, Queensland Parliament repealed the Public Health (Medicinal Cannabis) Act 2016. Doctors in Queensland no longer need to go through the convoluted state approval process, however most patients cannot afford the exorbitant costs of prescription cannabis through the federal TGA schemes. In 2016, the Federal LNP Government amended the Commonwealth Narcotic Drugs Act 1967, to introduce a national cultivation and manufacturing licence scheme, however cannabis is still being imported from overseas. Cannabis companies have raised hundreds of millions of dollars on the Australian stock exchange, and are allowed to export their cannabis overseas, however there are still no locally produced or affordable cannabis products available. 

Queensland Leads the Nation with Cannabis Arrests

Queensland consistently leads the nation with the highest number of cannabis arrests in the country (30.7%). The Illicit Data Report for 2016-17 reported there were 23,836 cannabis arrests in Queensland, with over 90% of cannabis arrests being consumers - patients, carers and other cannabis consumers, and NOT the drug traffickers who were the objective target of the Drugs Misuse Act 1986.

It's Time for the QLD Government to Change the Unjust Cannabis Laws

The flawed corporate cannabis system in Australia is not about the health and welfare of the patients. Thousands of Queenslanders, including children with serious medical conditions have been left behind without access to a lawful and affordable supply of cannabis.

Through no fault of their own, thousands of sick and dying patients and carers are being dragged through the criminal justice system simply for growing or possessing cannabis "out of necessity" to relieve pain and suffering and to be afforded a quality of life. Queensland has some of the nations most draconian drug laws with penalties for producing or possessing cannabis ranging from a maximum of 15-25 years.

As is the case with most cannabis arrests, people are also charged with a number of other offences i.e possession of a thing used in connection with the commission of a crime (i.e. lights, fans) and "unlawfully" possessing a thing used to administer a dangerous drug (i.e water pipes/vaporisers).

Parents are often also charged with the more serious offence of "aggravated supply of a dangerous drug to a minor" which carries a maximum penalty of 25 years in prison.

The "dangerous drug" charges are recorded on a person's criminal history regardless of no conviction recorded and can have long term consequences for employment and travel opportunities.

Cannabis arrests and prosecutions also waste hundred of millions of tax payers monies each year, monies which could be better spent on health, education and housing.  

Please sign and share our petition to help STOP cannabis arrests and prosecutions in Queensland. 

Thank you for your support

Medical Cannabis Advisory Group QLD Inc.​

MCUA Australia Inc.