Friday, 15 July 2011

Licences to grow cannabis in the UK for personal use?

In a reply to a letter from Des Humphrey, Sylvia.Williams (Sylvia.Williams@homeoffice.gsi.gov.uk ) of the
Home Office Drugs Licensing and Compliance Unit, Drugs Alcohol and Partnership Directorate, says

"The Misuse of Drugs (Designation) Order 2001 also restricts the licit use of cannabis to possession for research or “other special purposes”. Home Office policy with regard to “other special purposes” in this case is to permit cultivation of cannabis plants with a low tetrahydrocannabinol (THC) content for the production of hemp fibre for industrial purposes or the obtaining of seeds which are then, for example, pressed for their oil. For both of these uses, there needs to be a defined commercial end use. The Home Office only licences plants grown for these purposes from EU approved seed types with a THC content not exceeding 0.2%.

"Controlled drug Licences can be issued to individuals or companies; Cannabis cultivation licenses are no exception."

She goes on to say:

"On the basis of the information you give it is highly unlikely that a domestic premises undertaking the activity you propose would be considered suitable for licensing."

A footnote adds: "The opinions expressed in this message are personal and are in no way an official view of the Home Office; neither should they be considered to be an indication of Home Office Policy."On consideration of that reply, my comment is:

they insinuate that licenses are only given for cultivation on low THC hemp for seed for oil or for fibre BUT
as well as it being possible also within the present law to allow the cultivation of the same plant for other uses such as fuel ....
they make no mention that they ALSO allow cultivation of high-level THC / CBD cannabis by the likes of GW and I suspect several universities
So they have ruled and specified that licenses have been given and can be given to those, but try to put you off applying, saying simply "it is highly unlikely that a domestic premises undertaking the activity you propose would be considered suitable for licensing. "
They also say "The opinions expressed in this message are personal and are in no way an official view of the Home Office; neither should they be considered to be an indication of Home Office Policy."
In other words, it is just an opinion and does not necessarily hone office policy - they are simply telling you not to waste your time - i would say go ahead and apply (of course)
The Home Office decision should be based upon questioning the APPLICATION of law. THEY decide when not to apply the law, that is, when to license (To allow what is otherwise prohibited)
And the PURPOSE of the law must be considered when looking at how and when it is applied
They must obviously think it wrong to apply the ban on cases that they give licenses to.
My CASE for you is that it is wrong to apply the law for small-scale cultivation for person beneficial use. - the law cannot have been made for that purpose - therefor they OUGHT to grant licences.

6 comments:

  1. Do you know of any Brit who has applied for a cultivation license for what their doctor has agreed is MMJ?

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  2. Thanks - I should be following you now anyway. I just wrote to GW about their incredible failure to get Sativex past NICE. They had a very well documented patient group, free raw materials, r and d already virtually done and they manage to make it too expensive for the NHS of their home country. I was very pissed off that they would be so incompetent and told them as such and that I hoped they got a bit more behind patients instead of shareholders (for the good it will do). I used to be excited about the presence of GW, now I'm just worried. They have responsibilities in oncology and other areas - if they want to mess with their own NMEs then fine - but they should not do bad science on a gift from nature - its not their property. Thanks again

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  3. Thanks for sharing the information. That’s a awesome article in
    Personal License
    you posted. I found the post very useful as well as interesting. I will come back to read some more.

    ReplyDelete
  4. there is a law that says we can grow cannabis in uk? here it is https://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rights. if you do not beleave me ring the houses of parament on
    The Stationery Office Limited
    Publications Centre
    51 Nine Elms Lane
    London
    SW8 5DR
    Telephone: 0800 600 5522
    Fax: 0870 600 5533
    e-mail: customer.services@theso.co.uk
    online bookstore: clicktso.com

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    Replies
    1. Ive just read https://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rights which specif section say a person in the uk can grow

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