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Illicit drugs being disguised, sold under guise of ‘medicinal cannabis’
Criminals are exploiting SA’s medicinal cannabis laws by packaging illicit drugs in fraudulent - but very convincing - medicinal cannabis containers.
SA Police has told a state parliamentary committee it opposes any expansion of existing medicinal cannabis laws, saying it is already “not possible” for authorities, at the point of detection, to differentiate between some illegal and legal cannabis products – and criminals may be evading penalty as a result.
They also say they do not support proposed legislation that would allow prescription-holding medicinal cannabis users to drive with the drug in their system, arguing legitimate and illicit cannabis are “chemically indistinguishable.” They warn the amount of THC - the psychoactive component in the drug that provides the ‘high’ - is now significantly higher in some medicinal marijuana products compared to their illegal counterparts.
Adding to their concerns, the force further claims investigating the legitimacy of prescriptions and drugs would be difficult, burdensome and costly, while creating new, lawful ways to possess cannabis would give drug traffickers more opportunities to profit from their illicit dealings.
SA Police oppose any expansion of the state’s medicinal cannabis laws.
SA Police oppose any expansion of the state’s medicinal cannabis laws.
Acting officer in charge of the SA Police Drug and Organised Crime Task Force detective inspector Nathan Schollar said criminals often looked for opportunities to exploit vulnerabilities in state and commonwealth legislation for financial gain.
He said organised drug traffickers were already taking advantage of SA’s medicinal cannabis laws by disguising illegal drugs in legitimate-looking containers with fraudulent chemist labels.
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“The quality of the counterfeit labels, coupled with the fact that medical cannabis can be dispensed as a ‘flower’ in South Australia, presents challenges for any police officer, or authorised persons, to know for certain that (it is) a counterfeit product at first glance,” Inspector Schollar said.
“There is a very real possibility that people have used this loophole to escape prosecution in South Australia however there is no data available at this time.”
Inspector Schollar also highlighted concerns with medicinal cannabis in the form of capsules, creams, oils, oral fluid, sprays, dermatological patches and chewables.
“Whilst the difficulty of manufacture of each of these is variable, detection of prescribed cannabis vs illicit cannabis at the point of detection for any of these cannabis forms is not possible,” he said.
SA Police say organised criminals are disguising illicit drugs in legitimate-looking medicinal cannabis containers in a bid to avoid detection. Picture: SA Police
SA Police say organised criminals are disguising illicit drugs in legitimate-looking medicinal cannabis containers in a bid to avoid detection. Picture: SA Police
Meanwhile, police say the emergence of online consultation and prescription services, as well as companies now supplying medicinal cannabis over the internet, are further presenting criminals with new opportunities to sell illegal drugs under the guise of being legitimate products.
“There are risks to the consumer that the product they are receiving (from an online purchase) may not be the product that has been prescribed, and this can be said generally about drug dealing via online vendors,” Inspector Schollar said.
SA Police Assistant Commissioner John Venditto said illicit cannabis dealers often targeted vulnerable people.
“Suspects will purport to sell illicit cannabis as ‘medicinal’ to persons who are probably desperate for pain relief,” SA Police Assistant Commissioner John Venditto said
“If it doesn’t come from a doctor and on prescription, it is highly likely to be illicit cannabis and it probably doesn’t have the pain healing attributes they seek.”
Police urged legitimate medicinal cannabis consumers to avoid buying their drugs online and instead only purchase from pharmacies.
Doctors have been legally allowed to prescribe medicinal cannabis in SA since November 2016.
One Nation MLC Sarah Game has introduced a bill into state parliament, seeking to provide a defence to drug driving for those who have a prescription from a doctor. Similar laws are in force in Tasmania.
Ms Game did not respond to The Advertiser’s request for comment.
Greens MLC Tammy Franks supports the proposed legislation and said current laws were punishing patients for being unwell.
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