Regulation of Drug Access in Australia - Essay Example

Regulation of drug access in Australia

Introduction

Drugs are manufactured and produced for medicinal and sometimes therapeutically use. It can also be used as complementary medicine. However, some people use drugs for other reason which were not intended. Drug suppliers and distributors are the link chain of these users. They are the source of drugs. Some of the suppliers and distributors make the drugs unlawfully available for individuals who do have no professional prescription on which and what drugs to use in different situations. The discussion seeks to demonstrate how access and use of drugs are regulated in Australia by federal and state levels.

Discussion

Federal statue: Therapeutic Goods Act

There are drug statutes such as the Therapeutic Goods Act of 1989, which was established to govern, define, and control drugs used medically for physical development. It was formed in response to the Narcotic Drug Act of 1967. In part 8D of the Narcotic Drugs Act, an individual can be licensed to cultivate cannabis plants and produce its resins for medicinal use only (Australian Government, Department of Health). The provision also states that before you are allowed to produce cannabis, you must obtain a cannabis permit. The permit is different from the license as it gives specific guidelines on the type and quantity of cannabis that can be produced.

TGA was then brought in as oversight to ensure the standards of medicinal cannabis are always perpetually maintained. The Therapeutic Goods Order No. 93 found under the Therapeutic Goods Act asserts a national control system in which safety, quality, and usefulness are observed. Since the drugs and other therapeutic goods are exported from Australia, is ensures timely deliveries are made. Therapeutic Goods Order No. 93 is in section 10(1) of the Act. According to the Australian Government, Department of Health (2017), the overall role of this order is to reassure medical specialists and patients that the medicinal cannabis products were manufactured per the States law. Therefore, this Act allows the Australian government to control the access and use of drugs.

Therapeutic Goods Administration

The Therapeutic Goods Administration (TGA) is part of the Commonwealth Department of Health and is only referred to in the Therapeutic Goods Act of 1989. In other words, TGA is not an establishment of the Therapeutic Goods Administration Act. TGA is a regulatory institution of the Department of Health in Australia. Its primary role is to instigate medical prescriptions, vaccines, vitamins, sunscreens, blood, and medical devices associated with therapeutic goods. According to TGA, any products used to prevent, detect, and cure defects or injuries is a therapeutic good. The goods can also be used in pregnancy tests, physiological process modification, and testing a person's predisposition to a disease. The States and territories control the foods while referencing the Australian New Zealand Food Standards Code hence protecting citizens from access to harmful goods and food.

The code

The Australia New Zealand Food Standards Code stipulates the requirement for manufactures and producers of consumable goods. Labelling, protection, and how to safely handle food are some of the legal obligations that this code establishes. All businesses must adhere to these legal requirements before making the food available to consumers. This code's objective is to ensure all the necessary information on a particular food staff can be publicly accessed to help consumers make informed purchasing choices and decisions. The frame with which the food industry must operate is also provided in this code. Through this code, The Federal government of Australia protects her citizens from being manipulated and eventually affected health-wise by food drugs.

Western Australia Statue: Misuse of Drugs

The different States in Australia have formulated laws governing the use of drugs and other related substances. Misuse of Drugs Act of 1981 is one establishment in Western Australia State that focuses on lawfully controlling and managing medicine. It is illegal for the residents of this state to produce, cultivate, own, or supply prohibited drugs (Makela, 2016). Police in Western Australia (WA) is responsible for implementing the drugs regulations outlined in this Act. The objective of this regulation is to cautioning individuals from falling on the wrong side of the law.

There are five main areas of concerned outline in this act. They include but not limited to possessing and administering, trafficking of substances, manufacturing regulated precursors, cultivation, and any selling of controlled plants. WA government may charge anyone who owns illegal drugs. Any illegal drugs found in the pocket, bags house, or cars are valid in the courts and are used to charge a person. Part 4, Division 2 Section 20 of Misuse of Drug Act, states that a senior police officer can authorize vehicle and or a premise to be searched for any noticeable suspicious activities. If you have drugs and you not a prescription from a certified doctor or physician, you are considered to have broken the law. The penalty for unlawful is $2,000 and or 2 years in prison (Makela, 2016).

The government prohibits the manufacturing or cultivation of illegal drugs. You are also not supposed to allow anyone to do the same. Cultivation implies that you have the seeds of the prohibited drugs, and you are taking care of them by watering and picking the leaves. No one is allowed to have any illegal drug manufacturing equipment, which can be used to scale up the drugs. Home or premise owners who knowingly permit drug manufacturing commits shall be doing going against the Misuse of Drugs Act. If that happens, you will face a 25-year prison term and or a fine of $100,000. It is also important to note that Section 31(1b) allows the state to punish conspirators with a fine of $75,000 and or 20 years in prison.

Selling or offering to sell as a way of trafficking and expanding distribution is prohibited by this Act. Drug traffickers can be charged in WA even when they do not go through the selling. Supplying also means breaking large quantities of drugs into small portions. If a person cannot prove why they have drugs over a specific weight, it is assumed they intended to traffic. Cannabis traffickers get a penalty of $20,000 and or 10 years in prison. Western Australia prohibits citizens from driving while under the influence of drugs as they may cause accidents and hence loss of lives (Makela, 2016).

Conclusion

Many laws and regulations exist to prevent citizens from accessing and using prohibited and illegal drugs. However, the drug control initiatives by the government are not exclusively successful. It, therefore, calls for further action and new practical interventions to help minimize or completely eradicate unlawful access of drugs. The best way to develop a workable plan is to engage citizens on civic education on the importance of using drugs the right way. Additionally, illegal drug dealers should face a more severe punishment because some of them continue with their business even while in jail.