10/06/2024
Dear Team, greetings.
Hopefully this finds you well.
In 2016, FSANZ made clear in the initial proposal for P1042 that the Ministerial Forum had requested it set a limit on CBD in low THC H**p Foods, "to distinguish between a food and therapeutic good....to avoid blurring the line between food and therapeutic."
FSANZ noted in turn that, while agreeable in theory, it was not within FSANZ power to deny the public access to safe and beneficial compounds; which CBD (Cannabidiol) clearly is/was. Therefore, FSANZ noted, any prohibition on its part without just cause could likely be undone in the courts.
At this point, it appears that MedSafe NZ resorted to what may be a combination of fraud, malfeasance, or criminal nuisance.
Clearly knowing their position to be a lie - thanks to the expert internal advice of Anthony Fake - it concocted a superficially plausible cover up position of due diligence and deniability, via loaded questions and non specific second hand answers.
It then falsely asserted CBD to be a controlled drug. Which would of course prohibit its inclusion in foods, or its availability as supplements or herbal remedies.
Fortunately, ESR (the NZ police forensic laboratory), then tried to "white knight" the situation.
Using the same facts and arguments that MedSafe had already specifically received in detail from Mr Fake, ESR vigorously contested MedSafes position.
Such was their rigor in this matter that the General Manager of ESR, Dr Keith Bedford, even ended up making a statement to the High Court on it.
To circumvent this inconvenient reality, MedSafe eventually got FSANZ to agree that CBD was a controlled drug; based upon a legal opinion that seems likely based upon a perverse interpretation of international law.
This legal opinion however - to the best of my knowledge - has never been seen by anyone outside of MedSafe, and has been persistently hidden from public examination. Initially by the justification of "no public interest", and more recently under "legal privilege".
However, legal privilege cannot be used to obscure a fraud.
Legal privilege cannot be used to hide a crime.
Accordingly a formal complaint was made to the director general of health in June 2023, and a complaint laid with the ombudsman's office in february 2022.
The director general, supposed to reply within 30 days, has not been heard from in nearly a year. Suggesting a significant inability to reply innocently. The Ombudsman continues to grind on.
This email is to serve three purposes.
Firstly, if you have a copy of the legal opinion used by MedSafe to convince you that CBD is a controlled drug this is an OIA request for it.
In 2020, fyi, the European Court of Justice found it would be counter to UNSCN to consider CBD a controlled drug.
Secondly, this email is to request that you stand by your standards and values to correct what appears a serious malfeasance. There is an ongoing market failure in health, as can be observed by our national health statistics and the constant financial complaints of health care professionals and politicians. There is also an ongoing market failure in the "medicinal cannabis market", with patients, companies, and the industry complaining about regulatory obstructionism, inaccessibility and unaffordability. It appears that there has not been "genuine, effective two way engagement" on this issue.
Thirdly, in the 1990s, Japan, with a community mindset, created foods with special health characteristics. To reduce the physical, financial, and pharmaceutical harms of their aging population. It is now an 8 billion USD domestic market. I attach some information here, and request you consider how FSANZ might create something similar, or better, in NZ; a country that produces famously many natural health products and quality foods; while also having multiple health crises and an unwillingness to tax the rich enough to have a disease management system that works properly. It seems we have rooms for improvement in public service outcomes, and domestic industry.
Finally, please find all source documents (OIAs) for this complaint on the splash page of www.theh**pfoundation.org.nz
I hope to hear from you soon, and I hope that FSANZ proves to embody the same high standards of public service as ESR has.
Yours sincerely,
Tadhg Stopford Just sent to FSANZ
Doctors, farmers, seniors, youth and iwi.