Police won't pursue prosecution of a Canberra medical marijuana campaigner whose home was raided after he provided cannabis oil to a 2½-year-old girl.
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Officers raided Mark Heinrich's home last year after he wrote to former ACT chief minister Katy Gallagher encouraging her to create a legal medical cannabis scheme to help people living with long term pain and chronic medical conditions.
Mr Heinrich had been supplying cannabis oil to a Sydney family, for the treatment of their daughter Abbey who was suffering serious seizures and developmental delays as a result of the rare genetic disorder CDKL5.
Senator Gallagher, then ACT health minister, said she had no choice but to give Mr Heinrich's letter to ACT Health officials because of mandatory reporting requirements related to prohibited substances being given to a child.
Small amounts of cannabis oil, administered through a feeding tube, led to a reduction in Abbey's seizures and the raid left her family without a continuing supply, creating a situation of "life or death".
About 800 children worldwide are believed to suffer from CDKL5, which causes seizures, low muscle tone and audio and visual impairment. There is no known cure for the condition.
Mr Heinrich said police told him last week he would not be charged over the raid, and items used for making cannabis oil tinctures that were seized from his home would be returned.
"I wasn't sure what they were going to do all this time," Mr Heinrich said.
"I was hopeful there would be an enlightened and compassionate approach, which is clearly what they've decided to do. I am delighted with the Australian Federal Police over all of this, to be honest.
"I think the case of Abbey sparked up the national debate on the use of medical cannabis. For the first time they had proof that cannabis was in fact quite a profound medicine."
Mr Heinrich said Abbey had been out of hospital for 22 months and was continuing to use cannabis tinctures from another source.
An ACT Policing spokeswoman said an investigation launched in February 2014 had been concluded without a prosecution.
"This decision was made as prosecution was considered to be not in the best interest of the public," the spokeswoman said.
"In deciding whether to prosecute, ACT Policing may consider the seriousness of the offence, the likelihood of re-offending, the impact of the offence on the community and the best interests of all parties involved."
Some illicit substances seized during the raid will be destroyed.
Mr Heinrich praised the police officer involved in his case who he said had shown sensitivity and consideration of community views. He acknowledged Senator Gallagher's actions had been necessary.
"I think what happened with Abbey accelerated this process of change here in Australia."
He said families living with serious illness should be able to grow their own medicine and shouldn't have to rely on other sources.
On Tuesday, NSW Premier Mike Baird announced children with severe epilepsy would be eligible for a world-first trial of a new cannabis drug. Families will also have access to a secure supply of medicinal cannabis next year.
