Police Raid Another Medical Marijuana Producer

Police have raided another medicinal cannabis producer, who gives away her products free to help patients suffering from chronic pain and seizures. On January 4, South Australia police raided the home of Jenny Hallam and seized products and equipment related to the production of cannabis oil.

Ms Hallam is said to have been producing the medicine for two years and been supplying about 200 patients nationwide.

The 44-year-old’s criminal defence lawyer said her client would be appearing in court at a later date.

The lawyer questioned whether Ms Hallam committed a crime, as her client produces the product for people who need it, she doesn’t grow the cannabis she uses to make the oil, and nor does she sell her product.

A spokeswoman for SA police confirmed the home of a 44-year-old woman in the northern Adelaide suburb of Hillier had been raided and said police had seized “a quantity of chemicals and other substances from the address which will be forensically analysed.”

Concerned parents

Since the raid, parents of dozens of sick children have spoken out about the effect it’s going to have on their kids.

Steve Peek from Brisbane has an eight-year-old daughter Suli who relies on medicinal cannabis to control her seizures. He told the ABC that he’d contacted the SA police who told him they had “done the wrong thing but they had no choice because a complaint had been made.”

The police suggested Mr Peek contact the South Australian ombudsman about the matter.

An unlikely advocate

Since the raid, One Nation leader Pauline Hanson has stepped up as an unexpected advocate for medical marijuana. She announced on Sunday that she’d been in contact with prime minister Malcolm Turnbull calling for an amnesty for producers and users of medicinal cannabis.

Ms Hanson declared on her Facebook page that she has been a long-time advocate of the medicine, “due to its effective relief for so many ailments, conventional drugs can’t offer.”

Ms Hanson is not the only conservative politician to have thrown their weight behind legalised medicinal cannabis. A turning point for many was when then-prime minister Tony Abbott supplied a letter supporting medical marijuana for radio presenter Alan Jones to read on air in September 2014.

Legalising medical marijuana

In February last year, federal parliament passed the Narcotic Drugs Amendment Bill 2016 allowing for the legal cultivation, manufacture and distribution of medical marijuana.

Under the new system – which came into effect on October 30 last year – businesses can apply for a licence to grow the plant for medicinal purposes. However, many in the community are asking what current medicinal cannabis patients are meant to do while they wait for the legalised products to be rolled out.

The raid on a Newcastle medicinal cannabis dispensary

Last week’s raid follows a similar incident in December when NSW police raided a medical marijuana dispensary in Newcastle. Two hundred and fifteen plants were seized from a hydroponic operation run by a local group called the Church of Ubuntu.

Co-founder of the church Karen Burge told Sydney Criminal Lawyers at the time that they’d been supplying small plants for cancer patients and parents of children with epilepsy to grow at home.

The church was one of the largest suppliers in the country with 2,000 patients.
Ms Burge added that the authorities were well aware of their two year long operation as they’d contacted premier Mike Baird about it in early 2015.

The Hemp party weighs in

Secretary of the Australian Hemp party Andrew Kavasilas said that the raid on Jenny Hallam’s house was terrible. But he expects the police will continue carrying out operations like these.

“It seems this is a sign of the time. This is obviously going to happen more and more over the next ten to twenty years,” Kavasilas told Sydney Criminal Lawyers. “Because that’s how long medical cannabis will take to get up and going.”

Kavasilas said a situation will arise where more and more courts and police are going to be wasting their time in pursuing medicinal cannabis producers. “You’ll find that courts find no criminal activity, no criminal intent. So by and large, the criminal justice system doesn’t apply to them and they’ll be treated with leniency,” he outlined.

According to Kavasilas there are around 1,000 medical marijuana supply outlets around the country, and more than 100,000 patients using the medicine at the moment. He added that the laws that have been changed and the amendment of the Narcotics Act has done “nothing to address” these patients concerns.

Advocates call for immediate access

Medicinal cannabis advocates in Queensland are calling on the government to legalise the medicine immediately. In October last year, legislation was passed before state parliament that will allow Queensland doctors to prescribe medical marijuana to patients as of March.

But advocates are saying the wait could actually cost lives.

While in NSW, the state government is conducting several medicinal cannabis trials on chemotherapy patients and children with epilepsy. But again, advocates point out that these programs are slowing down access to the products for patients who need them now.

Dr Alex Wodak, president of the Australian Drug Law Reform Foundation, has questioned why certain trials need to be carried out when a 2012 study identified 82 favourable controlled trials had been held around the world, and only nine unfavourable ones.

However, the doctor has also pointed out that there is a need for continued trials into areas that haven’t been thoroughly researched as yet.

The federal government’s medical marijuana adviser

Questions have also been raised over the appointment of doctor Andrew Southcott to the chair of the new Australian Advisory Council on the Medicinal Use of Cannabis. The former Liberal MP has previously said the drug is “not safe.”

In 2011, when Southcott was the opposition’s spokesperson on primary healthcare, he criticised the “normalisation” of the plant, in response to a Food Standards Australia New Zealand review of the use of hemp as food.

Interim measures

The answer to the current medicinal marijuana access problem is interim measures, according to Kavasilas. He believes the government should sit down with advocates like the HEMP party and discuss what measures could be taken now.

Then the government could take these guidelines to the United Nations and explain that this “is what Australia intends to do in the interim while companies materialise and produce these medical cannabis products,” Kavasilas said

“Bearing in mind that years or decades of medical research in the future may just show that conventional raw cannabis products are far superior to pharmaceutical ones,” he concluded.

Paul Gregoire About Paul Gregoire
Paul Gregoire is a Sydney-based journalist and writer. He has a focus on civil rights, drug law reform, gender and Indigenous issues. Along with Sydney Drug Lawyers, he writes for VICE and is the former news editor at Sydney’s City Hub.

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