Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022

S.R. No. 13/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6New regulation 12A inserted

7Authority to permit use of premises—owners and occupiers

8Records and information to be provided to the monitored poisons database

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Endnotes

STATUTORY RULES 2022

S.R. No. 13/2022

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 15 February 2022

Responsible Minister:

MARTIN FOLEY
Minister for Health

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2017—

(a)to remove Schedule 8 cannabis and Schedule 8 tetrahydrocannabinol from the list of special Schedule 8 poisons for which a special Schedule 8 poison permit is required; and

(b)to remove references to the now repealed Access to Medicinal Cannabis Act 2016.

2Authorising provisions

These Regulations are made under sections 129(1), 131 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 28 February 2022.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2017[1] are called the Principal Regulations.

5Definitions

In regulation 5(1) of the Principal Regulations—

(a)the definition of Schedule 8 cannabis is revoked;

(b)the definition of Schedule 8 tetrahydrocannabinol is revoked;

(c)paragraphs (c) and (d) of the definition of special Schedule 8 poison are revoked.

6New regulation 12A inserted

After regulation 12 of the Principal Regulations insert—

"12A   Permits relating to Schedule 8 cannabis and Schedule 8 tetrahydrocannabinol

Without limiting regulation 12(3), on the commencement of the Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022, any special Schedule 8 permit issued for Schedule 8 cannabis or Schedule 8 tetrahydrocannabinol that is in force immediately before that commencement is revoked.".

7Authority to permit use of premises—owners and occupiers

Regulation 126(2) and (4) of the Principal Regulations are revoked.

8Records and information to be provided to the monitored poisons database

In regulation 132E(3)(a)(vii) of the Principal Regulations, for "writes" substitute "issues".

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Endnotes

[1] Reg. 4: S.R. No. 29/2017 as amended by S.R. Nos 31/2018, 45/2018, 72/2018, 178/2018, 15/2020, 73/2020 and 13/2021.