{"id":3345,"date":"2019-06-11T22:27:46","date_gmt":"2019-06-11T22:27:46","guid":{"rendered":"https:\/\/weedmaps.com\/learn\/laws-and-regulations\/new-zealand"},"modified":"2024-08-20T13:36:29","modified_gmt":"2024-08-20T13:36:29","slug":"new-zealand","status":"publish","type":"law","link":"https:\/\/weedmaps.com\/learn\/laws-and-regulations\/new-zealand","title":{"rendered":"New Zealand"},"content":{"rendered":"
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\n\tLegislation history<\/h2>\n\n\n\n

While New Zealand still looks forward to a <\/span>2020 General Election Referendum<\/span><\/a> on cannabis decriminalization (the actual ballot text is not yet available), medicinal use is legal in very limited circumstances. The decriminalization referendum came about from a petition in the legislature, and the referendum before voters will be binding, meaning it will be required to be implemented if it wins a majority of votes. Interested parties should refer to the <\/span>Electoral Commission<\/span><\/a> site for updates on the text and voter information.<\/span><\/p>\n\n\n\n

Medical use was legalized under limited circumstances via the <\/span>Misuse of Drugs (Medicinal Cannabis) Amendment Act Bill 12-2<\/span><\/a> in December 2018. Exemption from prosecution is secure for qualified patients prior to the implementation of a national cultivation supply, which must occur by December 2019. <\/span><\/p>\n\n\n\n

Cannabidiol (CBD) and Sativex are possible to prescribe without ministerial approval. Industrial hemp must contain less than 0.35% THC and must be made by a licensed producer. Advertising hemp with intoxicating properties is illegal and is governed by the <\/span>Misuse of Drugs (Industrial Hemp) Regulations 2006<\/span><\/a>.<\/span><\/p>\n\n\n\n

All other cannabis products are Class B1 controlled substances, and can be prescribed only to those with a terminal illness requiring palliative care. Palliation is certified by a medicinal practitioner or nurse practitioner who attests that the individual has an advanced, progressive, life-limiting condition and is nearing the end of life. Previously, the only use permitted was for those in the last 12 months of life, as determined by a physician. Cannabis use is also permitted for multiple sclerosis spasticity, but both conditions require a medicinal practitioner to submit an application.<\/span><\/p>\n\n\n\n

\n\tRegulatory authority<\/h2>\n\n\n\n

The Ministry of Health<\/span><\/a> is responsible for developing and enforcing rules around medicinal cannabis as well as cultivation licensing, guidance for growers, and formulation of a domestic cultivation and taxation framework. They also govern industrial hemp and CBD regulations.<\/span><\/p>\n\n\n\n

\n\tPrescribing medical cannabis<\/h2>\n\n\n\n

The Ministry of Health <\/span>developed a flowchart<\/span><\/a> to help clinicians navigate the process of prescribing and the numerous approvals that are required. The options for prescription are extremely limited and generally approved via a case-by-case application submitted by a medical or nurse practitioner. <\/span>Complete guidelines are available here<\/span><\/a>.<\/span><\/p>\n\n\n\n

  1. Sativex is a nasal spray which must be prescribed per <\/span>Medsafe guidelines<\/span><\/a>. There is a long titration period of gradual dosage increase which must be adhered to. A prescription for Sativex to treat multiple sclerosis does not require an application.<\/span><\/li>
  2. Applications for other new pharmaceutical-grade and nonpharmaceutical-grade products must meet a list of requirements and be sent to <\/span>medicinescontrol@moh.govt.nz<\/span><\/a>. <\/span><\/li>
  3. CBD products that contain enough THC to be intoxicating are available only through a prescription.<\/span><\/li><\/ol>\n\n\n\n

    \n\tConsuming medicinal cannabis<\/h2>\n\n\n\n

    All plant and plant derivatives are allowable under strict medicinal conditions.<\/span><\/p>\n\n\n\n

    \n\tTravel<\/h2>\n\n\n\n

    New Zealand offers <\/span>guidance for importing medicines<\/span><\/a> and the national laws and regulations are universally applied within its borders. No U.S. products are permitted, as the U.S. still federally prohibits cannabis. Otherwise, import is permitted if a patient declares the following to N.Z. Customs, certifying that the drug:<\/span><\/p>\n\n\n\n