Opinion Piece: Time to Reevaluate the Medicinal Cannabis Framework

Jan 21, 2025 | Content by TDDA

By Glenn Dobson, CEO of The Drug Detection Agency (TDDA)

The rapid expansion of the medicinal cannabis market in Australia and New Zealand raises significant concerns about workplace safety and public health. As someone deeply committed to maintaining drug-free and safe work environments, I am alarmed by the apparent breaches in regulatory guidelines and the risks posed by the current medicinal cannabis framework.

Medicinal Cannabis: A Gateway to Quasi-Legalisation?

What was once intended as a therapeutic option for patients with legitimate medical needs is now at risk of becoming a backdoor to quasi-legalisation. The recent article from The Conversation highlights widespread breaches of marketing regulations by Australian medicinal cannabis clinics, including the use of misleading advertising, unsubstantiated health claims, and aggressive sales tactics. These practices mirror international trends where lax controls have allowed medicinal cannabis markets to devolve into recreational use schemes under the guise of medical treatment.

New Zealand and Australia’s frameworks, initially designed to provide controlled access, now face similar challenges. Reports of THC-heavy products being prioritised over non-psychoactive CBD options highlight a troubling shift. In both countries, clinics are profiting from the sale of high-THC products, with some allegedly prescribing these substances irresponsibly. This mirrors findings from a 2016 TDDA experiment in San Francisco, where obtaining a cannabis card required little more than a superficial consultation.

Regulatory Breaches: A Symptom of Deeper Issues

The blatant breaches detailed in The Conversation and corroborated by industry reports point to a systemic problem. Clinics use terms like “plant medicine” to circumvent advertising restrictions while encouraging self-assessment tools that effectively coach patients into believing they qualify for cannabis prescriptions. These actions not only undermine the intent of the medicinal cannabis framework but also erode public confidence in healthcare systems.

The Therapeutic Goods Administration (TGA) has fined businesses millions of dollars for violating advertising rules, yet these breaches persist. This raises a critical question: Is the medicinal cannabis framework robust enough to ensure its appropriate use, or are we witnessing the normalisation of unethical practices?

Workplace Risks from Illegitimate Access

The consequences of a poorly regulated medicinal cannabis market extend beyond public health—they directly impact our communities and workplaces. High-THC products are known cognitive impairers, affecting concentration, judgment, and motor skills. Workers in safety-sensitive roles, such as construction, transportation, and manufacturing, pose heightened risks to themselves and others if they are at risk of being impaired on the job. Employers are also bound by rigid health and safety (H&S) regulations designed to protect workers and ensure safe workplaces. However, the current medicinal cannabis framework is not adequately supporting employers in meeting these obligations, placing a greater risk for employers doing their best to comply with H&S regulation.

Unchecked access to medicinal cannabis for illegitimate purposes compounds these risks. Employers already face challenges managing impairment from alcohol and other drugs. Adding widespread THC use—especially when prescribed without rigorous oversight—introduces new liabilities. The tragic case, mentioned in The Conversation article, of a patient continuing to receive cannabis prescriptions posthumously, despite family requests to halt deliveries, exemplifies the potential for unscrupulous behaviour or systemic failure.

A Call for Action: Learn from Global Mistakes

The medicinal cannabis market in New Zealand and Australia must not repeat the errors of overseas systems. Countries like the United States have seen the consequences of poorly managed frameworks—increases in workplace accidents, psychosis, and addiction—all under the pretext of medical use. The line between medicinal necessity and recreational indulgence has blurred, creating a public health crisis.

Time for a Review

It is time for our governments to take a proactive approach. This includes:

  1. Stricter Regulations: Tighten the guidelines governing the prescription and marketing of medicinal cannabis, ensuring compliance is rigorously enforced.
  2. Transparent Oversight: Increase scrutiny of clinics and telehealth platforms to prevent profit-driven motives from overshadowing patient care.
  3. Public Education: Raise awareness about the risks of THC-heavy products and the importance of responsible use.

As leaders, we have a responsibility to protect our workplaces and communities. Let’s not follow flawed international examples. Instead, we must learn from their mistakes and build a system that prioritises safety, integrity, and the well-being of all stakeholders. The medicinal cannabis framework must be reevaluated and fortified to ensure it serves its original purpose: providing safe, effective relief for those who genuinely need it – not to create a backdoor of access for illegitimate use.

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