How to Handle Disputes Over Medical Marijuana Use

Medical marijuana use can sometimes lead to disputes and disagreements between patients, caregivers, employers, and others. In New Zealand, the legal landscape around medicinal cannabis is still evolving. Understanding how to navigate these disputes requires familiarity with relevant legislation like the Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018, as well as case law and best practices.

If you find yourself involved in a dispute over medical marijuana use, it’s important to seek guidance from an experienced New Zealand family lawyer like Naomi Cramer. She can provide knowledgeable legal advice tailored to your specific situation.

Understanding the Legal Framework for Medical Cannabis in NZ

In December 2018, New Zealand passed the Misuse of Drugs (Medicinal Cannabis) Amendment Act. This legislation aimed to improve access to quality medicinal cannabis products for patients with serious health conditions. The Act allows for the cultivation, manufacture, import, and supply of medicinal cannabis.

However, access is still tightly controlled. Patients must get a prescription from a medical practitioner. Only approved cannabis products that meet quality standards can be prescribed. Recreational use remains illegal.

The Act states that the purpose is to “amend the Misuse of Drugs Act 1975 to:

(a) introduce an exception and a statutory defence for terminally ill people to possess and use illicit cannabis and to possess a cannabis utensil; and

(b) provide a regulation-making power to enable the setting of standards that products manufactured, imported, and supplied under licence must meet; and

(c) amend Schedule 2 of the Act so that cannabidiol (CBD) and CBD products are no longer classed as controlled drugs.

Common Disputes Around Medical Marijuana Use

Despite the legal provisions for medicinal use, disputes can still arise in various contexts:

• Employment – Employers may have concerns about employees using medical marijuana, especially in safety-sensitive positions. Employees have a right to treatment but employers can set policies. Disputes over drug testing or impairment at work are not uncommon.
• Housing – Landlords and property managers may take issue with tenants possessing or using medical cannabis on the premises, even if the tenant has a valid prescription. Disagreements over smoking, vaping, growing plants, etc. can occur.
• Child Custody – A parent’s medical marijuana use may be scrutinized in the context of a child custody dispute. The other parent may argue it impacts their ability to properly care for their children. The Family Court would assess this based on the best interests of the child.
• Driving – It remains illegal to drive while impaired by cannabis, even if used medicinally. Police can test drivers for cannabis and lay drugged driving charges. Disputes may arise over impairment levels.

Tips for Handling Medical Marijuana Disputes

If you find yourself in a dispute related to medicinal cannabis use, consider these tips:

1. Know your rights. Familiarize yourself with the current laws and regulations around medicinal marijuana. Understand the limits of legal protections for patients.
2. Document everything. Keep records of your medical authorization, prescription, purchase receipts, and any communications about your cannabis use. This paper trail can help support your position.
3. Communicate proactively. If you anticipate an issue arising (e.g. with your employer), address it head-on. Explain your situation, provide documentation, and work to find an agreeable solution.
4. Propose compromises. Look for middle-ground solutions that respect your right to medication while addressing the other party’s concerns. Perhaps you can agree not to use marijuana in certain contexts to alleviate their worries.
5. Consult a lawyer. Medical marijuana disputes can be tricky to navigate, with complex legal and personal implications. Don’t hesitate to get professional legal advice to protect your rights and explore your options.

For expert guidance, contact Naomi Cramer, a leading New Zealand family lawyer with experience handling sensitive medicinal cannabis issues. Watch her informative videos discussing the legal and practical aspects of cannabis use.

Resolving Disputes Over Medical Marijuana Use

In summary, while medicinal cannabis is legal in some circumstances in New Zealand, patients can still face a variety of disputes and challenges around its use. From employment to child custody to housing, medical marijuana use can become a point of contention.

If you encounter a dispute over your authorized use of medicinal cannabis, the best path forward is to arm yourself with knowledge of your rights, keep records, communicate openly, suggest compromises, and seek legal counsel from a skilled New Zealand lawyer like Naomi Cramer. With the right approach and support, most disputes over medical marijuana use can be successfully resolved.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.