Medicinal marijuana can assist in relieving the symptoms of a medical condition such as chemotherapy induced nausea and vomiting, palliative care, severe muscular spasms and some forms of chronic pain. 

Medicinal marijuana have active medicinal ingredients called cannabinoids. Although there are hundreds of cannabinoids in marijuana plants, the most well known are CBD (cannabidiol) and THC (Delta-9-tetrahydrocannibinol).

Medicinal marijuana is only legal if it is possessed and used by the individual it is lawfully supplied to. It must be prescribed by a doctor who has the required Commonwealth approvals and authority to prescribe. 

Marijuana remains illegal in Queensland under the Drugs Misuse Act 1986. This is inclusive of possession, supply, production or trafficking of marijuana (known as a dangerous drug). Maximum penalties for such offences range from 15 to 20 years as maximum penalties. 

The method prescribed by a doctor can vary from liquid form or inhalation which is legal for the prescribed user. Prescribed medicinal marijuana impacts an individual such that they would be impaired whilst driving, or if the medicinal cannabis contains tetrahydrocannabinol (THC) and drive they may be charged with an offence under the Transport Operations (Road Use Management) Act 1995, irrespective if it has been prescribed. 

In Australia the Therapeutic Goods Administration regulates medicinal marijuana and must approve all applications for the use of medicinal cannabis prior to the doctor prescribing. 

Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.