An ACT man who was providing liquid medical cannabis to the family of a seriously ill toddler has had his house raided by police, after writing to the Chief Minister to tell her the treatment was working.
The marijuana was being supplied to family of a two-year-old girl named Abbey, who suffers from seizures that cause brain damage.
Cannabis tincture controls the seizures and keeps her alive, but her supply has now been cut off.
In February the ACT man, who had been giving the cannabis tincture to the child’s mother Cherie, wrote to Katy Gallagher explaining the child’s health was improving.
He also asked whether she would consider legalising medical marijuana.
Two months later the police raided the man’s house.
Ms Gallagher has told triple j’s Hack program that she had no choice but to forward the email to the authorities.
“What if I did nothing with that information and it was later found out that I’d just ignored the fact that someone had sent me an email saying they were administering a prohibited substance to a young child?” she said.
Ms Gallagher said the man had been corresponding with her for a number of years before he had indicated to her that he had a young child, a patient, who he was administering marijuana to.
“He’s a frequent emailer to my office and we’ve engaged in areas of disagreement over that time, but certainly this one tipped me into another area,” she said.
“As the law stands at the moment marijuana is a prohibited substance, and I have responsibilities on me as Chief Minister under child protection laws if nothing else, that that information had to be passed on.”
Support for medical use on ’emotional, personal level’
Across Australia it is illegal to use cannabis for pain relief, and those who do risk criminal prosecution.
Greens MLA Shane Rattenbury has released draft legislation for consultation and a discussion paper to legalise medical cannabis in the ACT.
The legislation will be put before the ACT Legislative Assembly in the coming months.
Ms Gallagher said that as someone who has watched two parents die of a terminal illness, she has “huge empathy” for people who are trying to manage pain and see marijuana as a solution for their loved one.
“On a very emotional, personal level I would hope that people would be able to use it,” she said.
“But as a regulator and law maker I acknowledge the difficulties in establishing a system that covers off all the problems and complexities that are raised.”
Ms Gallagher said she was examining the legislation carefully but the advice she had been given on the topic was mixed.
“I’ve got some who are very strongly in support of it, coming from parents and some health professionals,” she said.
“And then I’ve got other health professionals… and other stakeholders, in particular the AMA [Australian Medical Association], who do not support it.”
Ms Gallagher said allowing special access to a drug that was prohibited “across the board” was legally complex and issues of supply and distribution would need to be examined.