Magistrates will have discretion over an offender's drug treatment order in the event of prescribed medicinal cannabis use, the Department of Justice says.
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The department also says offenders seeking an drug treatment order as an alternative to prison may not be recommended as suitable candidates by the relevant officers if they are using a prescription for medicinal cannabis.
On Thursday The Examiner reported of several cases in the Launceston Magistrates Court in which criminals on drug treatment orders were getting access to medicinal cannabis containing the active constituent THC (tetrahydrocannabinol) via internet based companies such as hellomello in Melbourne.
Court mandated diversion (CMD) officers from the department of community corrections and the magistrate in charge of the CMD program Sharon Cure have suggested in court that a policy on medicinal cannabis is being developed.
Ms Cure told the court recently that formal advice had not yet been received.
"The reality is we are a long way behind [with a policy]," she said.
Ms Cure told a defendant she would need to be referred to a local doctor [for a prescription] because they would be able to detect drug-seeking behaviour.
"My view is that people will need to get a local prescription and that online prescriptions do not meet the requirements of CMD," she said.
The Examiner asked the Department of Justice about any policy on medicinal cannabis.
"Where someone presents with a valid medical prescription from a qualified medical practitioner, Community Corrections works to support them in managing their identified medical needs," a spokesperson said.
"Being prescribed a medication may impact an offender's suitability for a particular intervention or order.
"For instance, if they are being assessed for a CMD order due to their cannabis use but have a prescription for medical cannabis this may influence their suitability for the order as the issue is being managed under a health framework and therefore may not be suitable to also be managed through the criminal justice system.
"Community Corrections takes an individualised approach to assessing each offender's suitability for an order, including suitability for transfer of interstate orders, and making subsequent recommendations for intervention.
"If an offender is subject to a community based order and receives and uses a validly prescribed medication from a registered supplier, Community Corrections will work to manage the oversight of their compliance with the conditions of the order accordingly.
"The organisation focuses on providing an individualised approach to supporting people on orders in their rehabilitation, working in partnership with the various services and professional practitioners that they are engaged with.
"If the court determines an alternate approach is appropriate in any individual offender's case, Community Corrections will work to manage the conditions of the order accordingly.
On Tuesday a CMD officer said a woman on an order had obtained a prescription from Redcliffe Cannabis Clinic in Queensland for cannabis oil and flower.
"I am hoping to speak to the doctor who prescribed the medicinal cannabis but she is prescribed legally until the policy comes about," the officer said.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
