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25 Sept 2017 – Testing the Law for Importing CBD Oil (Cannabidiol) to NZ

Below is some more information regarding the importation of BD (Cannabidiol) to New Zealand This info was kindly supplied by our Lawyer contact and medicinal Cannabis advocate in NZ. It offers further clarification about how patients in NZ might be able to get CBD.

Essentially the law says (1) a patient must have prescription to get and use CBD and (2) a doctor or pharmacist may import CBD

The Misuse of Drugs Amendment Regulations 2017 creates two important provisions relevant to access to CBD

to explore the official line see: http://www.legislation.govt.nz/regulation/public/2017/0198/latest/whole.html.

  1. It creates a new exemption to Reg 22(2)(c), so doctors can prescribe CBD products to patients without needing any approval from the Ministry of Health.
  2. It makes it easier for doctors, pharmacists and other licence persons to import CBD products.

On first reading, it seems that a doctor or pharmacist can import CBD to NZ per the below extract:


14A
Authority to import CBD products

A medical practitioner, a person who holds a licence to operate a pharmacy under the Medicines Act 1981, or a person who holds a licence to deal in controlled drugs under the Act may—
(a) import a CBD product; and
(b) possess or supply a CBD product that the person imports.


This means:

  1. A prescription is required to lawfully use CBD and
  2. A doctor or pharmacist can import the CBD 

The only exemptions we are aware of from this are: a) if you are returning from overseas and have lawfully prescribed CBD with you (in which case you can rely on the exemption in s8(2)(l)(iii) of the Misuse of Drugs Act or b) If someone successfully challenges the MinHealth interpretation that CBD is covered by the Misuse of Drugs Act – but then it is still at present a prescription only medicine so there would still be restrictions on importation.

a) if you are returning from overseas and have lawfully prescribed CBD with you (in which case you can rely on the exemption in s8(2)(l)(iii) of the Misuse of Drugs Act or b) If someone successfully challenges the MinHealth interpretation that CBD is covered by the Misuse of Drugs Act – but then it is still at present a prescription only medicine so there would still be restrictions on importation.
b) If someone successfully challenges the MinHealth interpretation that CBD is covered by the Misuse of Drugs Act – but then it is still at present a prescription only medicine so there would still be restrictions on importation.
 
We understand that an import license is not required however the exporter must have an export license from the country of origin.
 
With the above in mind we are proposing to attempt and import of CBD with a NZ doctor we are in touch with to test this legislation. We are also hoping to find a NZ pharmacist to do the same with.

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