Understanding the Legal Landscape of Medicinal Cannabis in New Zealand

Medicinal cannabis has become an integral part of New Zealand’s healthcare system, providing a natural treatment option for many patients with chronic conditions. Since its legalisation in 2018, the landscape surrounding medicinal cannabis has evolved significantly. However, with these changes come important legal considerations, from accessing treatments to navigating issues like drug testing and driving. In this comprehensive guide, we’ll walk you through the key legal frameworks around medicinal cannabis in New Zealand, how to access these treatments legally, and what you need to know about drug testing and driving laws.

The Medicinal Cannabis Scheme and Prescription Laws

In New Zealand, medicinal cannabis is only available through a legal prescription. The Medicinal Cannabis Scheme was established in April 2020 to improve patient access to quality-assured medicinal cannabis products. This legal framework provides patients with the right to access cannabis-based treatments under the guidance of a medical professional, ensuring both safety and efficacy.

Who Can Prescribe Medicinal Cannabis?

Only registered doctors, including GPs and specialists, can prescribe medicinal cannabis in New Zealand. The prescriptions are often for cannabis oils, capsules, or flowers, depending on the patient’s specific needs and the medical condition being treated. 

Medicinal cannabis should not be used first-line and so patients should have a medical condition with symptoms that have not responded well to other treatments that the patient is willing to trial. This includes conditions such as chronic pain, severe nausea, anxiety, sleep disorders, amongst others.

For more information on how to better prepare for an appointment, click here.

Accessing Medicinal Cannabis

To access medicinal cannabis legally, you will need to:

1. Consult a Doctor: Your doctor will assess your condition to determine if medicinal cannabis is appropriate for your treatment plan.
   
2. Obtain a Prescription: If medicinal cannabis is deemed suitable, your doctor will issue a prescription for one of the approved forms of treatment.
   
3. Purchase from an Approved Source: Medicinal cannabis can only be purchased from registered pharmacies or licensed distributors, ensuring you receive a high-quality, regulated product.
   

The Medicinal Cannabis Scheme was designed to increase access to cannabis-based products while ensuring they meet rigorous quality standards. Learn more on how to obtain medicinal cannabis legally in our blog.

Travelling with Medicinal Cannabis in New Zealand

Travelling with your medicinal cannabis prescription within New Zealand is relatively straightforward as long as you follow the guidelines laid out by the Ministry of Health.

Domestic Travel Guidelines

When travelling within New Zealand:

• You must carry your medicinal cannabis in its original packaging with the pharmacy label clearly visible.
  
• Prescriptions or doctor’s letters must accompany the cannabis to prove it is a legally prescribed medication.
  
• Always declare your medicinal cannabis if requested at any customs or security checkpoints.
  
• It is important to note that you can carry up to a one-month supply of medicinal cannabis for domestic travel without issue.
  

Tip: Always check with your airline before you travel to ensure they are aware of your medical needs and requirements.

International Travel Considerations

When travelling internationally with medicinal cannabis, it’s important to understand that the laws vary significantly from country to country. Some nations do not recognise New Zealand’s medicinal cannabis laws, and travelling with cannabis products can result in serious legal consequences.

Before you travel abroad:

• Research local laws about medicinal cannabis in your destination and layover countries.
  
• Contact your destination’s embassy to verify the latest regulations and ensure compliance.
  
• Carry proper documentation: You’ll need a doctor’s letter and a copy of your prescription.
  
• Check with your airline regarding their policy on carrying medicinal cannabis.
  

For more information on travelling with medicinal cannabis, visit our Medicinal Cannabis Travel Guide.

Navigating Drug Testing and Employment Rights

Drug Testing in New Zealand

As medicinal cannabis becomes more widely used, many people are concerned about how it may affect their employment, particularly when it comes to drug testing. In New Zealand, drug testing for cannabis is common in many workplaces, especially in industries that require a high level of safety and compliance.

It’s important to note that while medicinal cannabis is legal when prescribed by a doctor, it is still illegal to drive or operate machinery under the influence of cannabis. Drug tests used by employers typically look for THC, the psychoactive compound in cannabis, which can remain in your system for days, weeks or months after use, depending on factors such as frequency of use, dosage, and most importantly the method of testing (i.e. saliva, urine, hair, etc)

Urine and saliva testing is most common in work settings, with saliva testing being the most representative of recent usage (generally up to 12 hours). Urine tests can show positive for 3-30 days after usage.

Employment Protections

Employers are required to provide a safe work environment, which includes ensuring employees are not under the influence of substances that could impair their ability to work safely. However, medicinal cannabis users cannot be discriminated against simply for using it legally under a prescription. The key is ensuring that use is managed responsibly and does not impair job performance.

For patients using medicinal cannabis, it’s crucial to have an open conversation with your employer about your medical needs and how your treatment plan is managed. Many workplaces are willing to accommodate employees who are using medicinal cannabis in compliance with New Zealand laws, as long as it doesn’t compromise safety or performance.

Learn more about drug testing and employee protection in New Zealand here.

Navigating Roadside Drug Testing

If you’re using medicinal cannabis and planning to drive, you need to be aware of roadside drug testing laws. New Zealand has strict regulations when it comes to driving under the influence of cannabis. Roadside drug testing is common, and if you test positive for THC while driving, even if you are a legal medicinal cannabis user, you could face penalties, including fines or disqualification from driving.

How to Safely Navigate Driving Restrictions

1. Wait at least 10 hours after using THC orally (e.g. oils) or 6 hours after inhalation (vaporised flower) before driving or operating machinery. This is the minimum time recommended to avoid impairment, and you may need further time if you still feel imparied. Always err on the side of caution.
   
2. Consider using CBD products, which do not impair your ability to drive, if you need relief without risking a positive drug test.
   
3. If you are unsure whether it’s safe to drive after using medicinal cannabis, consult your doctor for guidance tailored to your specific treatment plan.
   

For more details on roadside drug testing and how to stay compliant, see our Roadside Drug Testing Blog.

Conclusion

Understanding the legal landscape of medicinal cannabis in New Zealand is crucial for ensuring that you remain compliant while accessing the treatments that can improve your health and wellbeing. From navigating the Medicinal Cannabis Scheme and prescription laws to understanding your rights around drug testing and driving, it’s important to stay informed and make well-guided decisions about your treatment.

At Cannabis Clinic, we are committed to helping you navigate this landscape. If you have questions about how medicinal cannabis can fit into your lifestyle, or if you need guidance on legal considerations, we’re here to help. Book a consultation today to learn more about your treatment options and how we can support you in following the law while accessing the care you need.