Recently there have been several interesting and possibly progressive results in court regarding the acquisition of cannabis for medicinal uses since the Home Secretary changed the law to allow cannabis on prescription in 2018.
Since the law was changed, very few people in the UK and with recognised medicinal needs have been able to get prescriptions for cannabis, and when they do it is done privately and at great monthly cost.
Legal cannabis: why only 18 people have been given a prescription in the UK despite the law changing Recently, as a result of legal action in the High Courts in London, Charlotte Caldwel, the mother of epilepsy sufferer Billie Caldwel, secured a major breakthrough in her High Court battle to obtain medicinal cannabis for him on the NHS. The judge was told that a London-based paediatric neurologist is prepared to write the prescription for teenager Billy Caldwell - if his trust gives him the green light.
She wanted a declaration that a GP or clinician can lawfully write prescriptions for cannabis-based treatment under the direction of an expert in epilepsy diagnosis and management. Other experts have already provided an opinion on the benefits of the treatment for Billy. "All that's missing is the doctor to be told he can do that. That seems to be the only impediment," she said.
So it seems that despite the change in law, the issue was that doctors were unable to write the prescription.
In the meantime, Ms Caldwell had travelled abroad to get cannabis oil for his son and illegally imported it to the UK, which could have sent her to prison. Although licenses (a prescription) were legally available, she had been refused.
This reminded me of a case in Norwich back in the 1970’s.
Michael Smith wanted to sell hot dogs from a street stall and was told he would need a license. He applied and was refused. He was told that although Norwich City Council could issue licenses for street trading, they didn’t.
So Michael set up his stall and sold his hot dogs,ensuring all health and safety regulations were fulfilled.
He was arrested and taken to court.
In court he argued that he had tried to buy a license but the council did not issue them, so to be convicted of not having a license would be unjust as it would be punishing him for not doing something that it is impossible to do. He was given a one pound fine.
This was repeated several times, each time he was fined just one pound, until Norwich City Council decided to issue licenses.
At one day people had to buy a dog license to possess a dog, otherwise it was an offence because they could have bought one, but did not. The same for fishing licenses – you cannot be charged with fishing without a license if there are no licenses available, only if there is.
With TV licenses they say it is an offence to watch TV without a license (which is itself arguable) but once again it is possible to buy one so it becomes possible for it to be an offence not to buy one, if you watch TV or even own a TV in working order.
In conspiracy law, one cannot be convicted of conspiring to do something that it is impossible to do.
Many court cases about cannabis involve charges of cultivation without a license when it is a fact that licenses are issued to big companies such as British Sugar Corporation and GW Pharmaceuticals (coincidentally part-owned by prominent Conservative politicians’ husbands) but refused to individuals that apply.
Once again, how can it be an offence to not do something that it is impossible to do?
Another case that attracted attention was that of R v Lezley and Mark Gibson at Carlisle Crown Court.
In this case Lezley, who had previously been supplied on prescription with Sativex, a full-extract cannabis produced by GW Pharmaceuticals, and later it was withdrawn. She then decided it was essential to grow her own to maintain a reasonable lifestyle. Acting on “Information supplied”, the couple were raided by police and found with a few small cannabis plants and home made cannabis chocolate, arrested and taken to court. It took the CPS many months and through several court appearances which were themselves devastating to Lezley’s health, whilst she had no cannabis either.
But when Lezley was allowed a private prescription for cannabis, promising a cost of £700 a month, the CPS decided not to offer any evidence and the charges were dropped and Lezley and Mark declared not guilty.
The prosecution said the couple were now accessing a medicinal form of the drug legally and it would therefore not be in the public interest to continue the prosecution.
Prosecuting barrister Brendan Burke insisted that the couple had broken the law and warned that they would be prosecuted if they did so again.
The Gibson’s charge would have been the cultivation of cannabis without a license which they could not get. Possession of cannabis without a prescription when it had not been possible to get a prescription. Obviously to deny a seriously ill person that can show the beneficial effects of a medicinal plant that it was not legally possible to get, a license (prescription) and then punish for trying to grow their own plants would be unjust.
So long as Lezley gets her cannabis on prescription, albeit expensive and many many times more costly as growing her own) she will not be prosecuted, but if whilst on prescription she also grows her own, she may be prosecuted again.
Weighing that up: in need but unable to get a license (prescription) charges dropped; can get a license but grows ones own, court case.
It sounds more like the Mafia: now you can buy from us at greatly inflated prices we will send round the heavies to punish you if you source it cheaper.
There are a couple of other cases coming to court where people in dire need of cannabis that I they find effective against illness and are unable to get prescriptions or licenses are being dragged through the courts unjustly and it is argued that those prosecutions (in fact the arrests and charges) are unjust and what is certain is that these people and nobody else are not being helped, they are being punished for trying to stay well, even stay alive, without harming or risking others. That would only happen under tyrants.
Pensioner arrested over cannabis possession says he grew plants to 'save his life'
Michelle X convicted of growing cannabis at her home twice
When it comes to the nitty-gritty, many cases of possession or cultivation of cannabis are actually about lack of licenses or prescriptions, they are not about victims. They exist dues to political whim, not Justice and Rights – such cases defy Justice and Rights.
In many cases it is the authorities that are guilty of infringing upon our Rights and making court cases against doing something that the Government is able to allow them to do, in their private lives.
And all at public offence whilst politicians spouses make massive profits from doing the same on a massive scale.
It is simply miraculous that GW Pharmaceuticals can make an expensive spray form of whole cannabis plant extract simply by dissolving the plant in alcohol and adding some flavour, when the plant itself in the UK is scheduled as having no medicinal uses.
Secondly it is sad that cannabis grown in the UK has no medicinal value yet in Holland the plant grown there has a medicinal value when grown by a pharmaceutical company, Bedrocan is irradiated and standardised cannabis bud.
In the US they have been giving cannabis joints for medicinal use to a small number of people for DECADES so why do they do that if they at teh same time also deny the medicinal properties.
Thirdly, until 1971, cannabis tincture was prescribed; in his herbal book Culpeper listed some medicinal uses and it has been known that it was used in ancient Egypt and China as a medicine, and Queen Victoria herself used the plant as a medicine.
So what had happened to make cannabis in the UK so useless as a medicine since 1971? Is there something wrong with our air or water or sunlight or soils?
The only change is in the law, of course, so the law no favours pharmaceutical companies that hold us to ransom by charging such high prices for their Sativex?
The Government says Sativex is available on prescription but it is actually available only to a few that can persuade their doctors and then many have to pay - so that is a blatant distortion of truth again.
There are countless reports from people that suffer terrifying ailments and find ease or even cures from the cannabis plant itself and it was that anecdotal evidence that led GW Pharmaceuticals to invest in and study the plant and its medicinal uses that the Government denies.
There is only one word to describe the Government response - LIARS!
Government responded
Herbal cannabis is listed in Schedule 1 as a drug with no recognised medicinal uses outside research. A substantial body of scientific evidence shows it is harmful and can damage human health.
The Government will not encourage the use of a Schedule 1 controlled drug based on anecdotal evidence. It is important that a medicine is very thoroughly trialled to ensure it meets rigorous standards before being licensed and placed on the market so that doctors and patients are sure of its efficacy and safety.
Cannabis in its raw form (herbal cannabis) is not recognised as having any medicinal purposes in the UK. There is already a clear regime in place to enable medicines (including those containing controlled drugs) to be developed and subsequently prescribed and supplied to patients via healthcare professionals. This regime is administered by the Medicines and Healthcare products Regulatory Agency (MHRA), which issues Marketing Authorisations for drugs that have been tried and tested for their safety and efficacy as medicines in the UK.
It is up to organisations to apply for Marketing Authorisation for products that they believe have potential medicinal purposes so that these can be subject to the same stringent regime and requirements that all medicines in the UK are subjected to.
Since 2010 UK patients can use the cannabis-based medicine ‘Sativex’ for the treatment of spasticity due to multiple sclerosis. ‘Sativex’ can also be prescribed for other conditions at the prescribing doctor’s risk. ‘Sativex’ was rigorously tested for its safety and efficacy before receiving approval, and is distinguished from cannabis in its raw form. It is a spray which is standardised in composition, formulation and dose and developed to provide medicinal benefits without a psychoactive effect. Due to its low psychoactive profile ‘Sativex’ was rescheduled from Schedule 1 and placed in Schedule 4 Part 1 to enable its availability for use in healthcare in the UK.
The MHRA is open to considering marketing approval applications for other medicinal cannabis products should a product be developed. As happened in the case of ‘Sativex’, the Home Office will also consider issuing a licence to enable trials of new medicines to take place under the appropriate ethical approvals.
In view of the potential harms associated with the use of cannabis in its raw form and the availability of avenues for medicinal development, the Government does not consider it appropriate to make changes to the control status of raw or herbal cannabis.
The Government’s view is that the Misuse of Drugs Act 1971 and regulations made under the Act continue to facilitate the development of medicines which are made from Schedule 1 controlled drugs. The legislation is aimed at protecting the public from the potential harms of drugs and is not an impediment to research into these drugs or development of medicines.
In 2013 the Home Office undertook a scoping exercise targeted at a cross-section of the scientific community, including the main research bodies, in response to concerns from a limited number of research professionals that Schedule 1 status was generally impeding research into new drugs.
Our analysis of the responses confirmed a high level of interest, both generally and at institution level, in Schedule 1 research. However, the responses did not support the view that Schedule 1 controlled drug status impedes research in this area. While the responses confirmed Home Office licensing costs and requirements form part of a number of issues which influence decisions to undertake research in this area, ethics approval was identified as the key consideration, while the next most important consideration was the availability of funding.
Home Office
Herbal cannabis is listed in Schedule 1 as a drug with no recognised medicinal uses outside research. A substantial body of scientific evidence shows it is harmful and can damage human health.
The Government will not encourage the use of a Schedule 1 controlled drug based on anecdotal evidence. It is important that a medicine is very thoroughly trialled to ensure it meets rigorous standards before being licensed and placed on the market so that doctors and patients are sure of its efficacy and safety.
Cannabis in its raw form (herbal cannabis) is not recognised as having any medicinal purposes in the UK. There is already a clear regime in place to enable medicines (including those containing controlled drugs) to be developed and subsequently prescribed and supplied to patients via healthcare professionals. This regime is administered by the Medicines and Healthcare products Regulatory Agency (MHRA), which issues Marketing Authorisations for drugs that have been tried and tested for their safety and efficacy as medicines in the UK.
It is up to organisations to apply for Marketing Authorisation for products that they believe have potential medicinal purposes so that these can be subject to the same stringent regime and requirements that all medicines in the UK are subjected to.
Since 2010 UK patients can use the cannabis-based medicine ‘Sativex’ for the treatment of spasticity due to multiple sclerosis. ‘Sativex’ can also be prescribed for other conditions at the prescribing doctor’s risk. ‘Sativex’ was rigorously tested for its safety and efficacy before receiving approval, and is distinguished from cannabis in its raw form. It is a spray which is standardised in composition, formulation and dose and developed to provide medicinal benefits without a psychoactive effect. Due to its low psychoactive profile ‘Sativex’ was rescheduled from Schedule 1 and placed in Schedule 4 Part 1 to enable its availability for use in healthcare in the UK.
The MHRA is open to considering marketing approval applications for other medicinal cannabis products should a product be developed. As happened in the case of ‘Sativex’, the Home Office will also consider issuing a licence to enable trials of new medicines to take place under the appropriate ethical approvals.
In view of the potential harms associated with the use of cannabis in its raw form and the availability of avenues for medicinal development, the Government does not consider it appropriate to make changes to the control status of raw or herbal cannabis.
The Government’s view is that the Misuse of Drugs Act 1971 and regulations made under the Act continue to facilitate the development of medicines which are made from Schedule 1 controlled drugs. The legislation is aimed at protecting the public from the potential harms of drugs and is not an impediment to research into these drugs or development of medicines.
In 2013 the Home Office undertook a scoping exercise targeted at a cross-section of the scientific community, including the main research bodies, in response to concerns from a limited number of research professionals that Schedule 1 status was generally impeding research into new drugs.
Our analysis of the responses confirmed a high level of interest, both generally and at institution level, in Schedule 1 research. However, the responses did not support the view that Schedule 1 controlled drug status impedes research in this area. While the responses confirmed Home Office licensing costs and requirements form part of a number of issues which influence decisions to undertake research in this area, ethics approval was identified as the key consideration, while the next most important consideration was the availability of funding.
Home Office