Medical cannabis has now been legal in the UK for almost five years. But as we approach this milestone, the unfortunate truth is that we still have a long way to go until medical cannabis patients feel protected and supported by those who should know the law. Last year, leafie highlighted instances of medical patients who had had their legal medical cannabis prescription confiscated by police officers. And it seems situations like these are not only still common across the UK, they are on the rise.
So how does a medical cannabis patient deal with such circumstances? We’re taking a look at the most recent advice from the government, the police, and medical cannabis clinics to provide patients with the information they need when facing questioning and confiscation by police.
A common story in the UK
A quick search on patient forums, groups and channels will yield a number of first-hand accounts of medical cannabis patients stuck in some kind of legal altercation with police. Many of these stories involve the patient’s legal cannabis prescription being seized and held as evidence when officers fail to recognise the legitimate documents presented to them.
One patient, posting in a patient group on Reddit under the username Straight_Ad_1553, explained that their prescription medication had been confiscated by a bouncer on their way into a bar:
“I phoned for police assistance as my medication has been taken and violated a number of regulations and codes.
“The police said it is new legislation so they do not know what to do. I have this on recording and confirmation that they are taking prescribed medication away from me.
“I informed them that I seemed I am teaching them new amendments to the misuse of drugs act (amendment 2018 and quoted amendment 1055). They said that yes I am teaching them the law and that when I come in to the police station to try and retrieve me cannabis, I can Educate them further.”
Similar discussions are found across multiple social media platforms, and they speak to the ongoing lack of awareness and education about medical cannabis laws within police forces across the country. Many of the individuals facing such circumstances are turning to public forums for advice on how to proceed. While responses from other users are overwhelmingly supportive and useful, it’s clear there is still a lack of official resources made easily available to medical cannabis patients regarding their rights.
What does the law say?
On the 1st of November 2018, the Home Office announced that cannabis had been moved from Schedule 1 to Schedule 2 of the Misuse of Drugs Act 1971. This decision essentially legalised medical cannabis under certain circumstances in the UK, allowing specialist doctors to prescribe the drug for a number of medical conditions. While this fact is well-documented on the gov.uk website, it remains difficult to locate clear guidance on the policing of medical cannabis.
Freedom of Information (FOI) requests have been issued to various police forces across the country by patients seeking clarity on how to verify they are a legal patient. One response, issued by Essex Police, states that “Essex Police would follow Home Office guidance” when interacting with a person “claiming the legitimate possession and use of medical cannabis.”
According to the response, the patient would “be expected to produce the original medication container complete with the pharmacy dispensing label bearing the name of the patient; with either a copy of their FP10 prescription or a letter from the prescribing clinician; and a form of recognised photo ID (such as a passport, driving licence, or a PASS accredited photocard) bearing the same name as displayed on the dispensing label and the copy of the FP10 or clinician’s letter.”
Patients would “be expected to produce the original medication container complete with the pharmacy dispensing label bearing the name of the patient; with either a copy of their FP10 prescription or a letter from the prescribing clinician; and a form of recognised photo ID (such as a passport, driving licence, or a PASS accredited photocard) bearing the same name as displayed on the dispensing label and the copy of the FP10 or clinician’s letter.”
– FOI response from Essex Police
Nonetheless, given the lack of official guidance and education, it is unsurprising that so many law enforcement officers appear to be unaware of the law regarding medical cannabis. It is estimated that almost a third of police officers in the UK are still unaware that cannabis containing THC can be legal under prescription. According to the research commissioned by Sapphire Medical Clinics, a further two-thirds of officers also indicate that their training on medical cannabis laws has been either inadequate or non-existent.
Concerning what patients should do when facing legal questioning, a statement from the Department of Health and Social Care in response to a question by Daisy Cooper, the Deputy Leader of the Liberal Democrats and spokesperson for Health, Wellbeing and Social Care, reads:
“There are sufficient means for an individual who is lawfully in possession of medicinal cannabis to demonstrate legitimate medical use. This includes proof of a prescription and identification or presenting the dispensing label attached to the medicine.”
“There are sufficient means for an individual who is lawfully in possession of medicinal cannabis to demonstrate legitimate medical use. This includes proof of a prescription and identification or presenting the dispensing label attached to the medicine.”
– Maria Caulfield MP
Of course, as many medical cannabis patients who have found themselves in this situation will tell you – these measures are often inadequate in preventing police from confiscating their prescribed medications.
What do prescribers say?
While medical cannabis prescriptions can be granted by the NHS, the vast majority are completed by private clinics. Therefore, there is little information from the NHS regarding the policing of medical cannabis in the UK. However, as many patients report, consulting with their prescribing clinic can be helpful when facing altercations with police.
Dr Simon Erridge, Head of Research and Access at Sapphire Medical Clinics, explains:
“At Sapphire, we always advise patients to keep their medication in its original container and a copy of their most recent prescription or clinic letter at close hand, as well as some formal identification which matches the name on the medication label and clinic documents. This is the best way to avoid seizure of medications.
“However, we are aware of isolated incidents where people have had their medications seized, despite having all necessary documentation. If this happens, we advise people to contact us straight away so we can work with them to provide further evidence to the police of their legal medical cannabis prescription.
“We know from UK-wide surveys we conducted with police officers last year that two in three police officers do not feel adequately educated on medical cannabis and the legalities surrounding this type of medication and one in four state that that have received no training on the topic. As such we have previously written to the National Police Chiefs Council to offer training to police forces across England and Wales in addition to the work we already carry out with Police Scotland and individual constabularies to improve education and awareness.”
Does a Cancard help?
In 2020, the National Police Chief’s Council (NPCC) issued guidance on Cancard – a medical ID card, designed in collaboration with police to indicate that a person is using cannabis for medical reasons. The document states that “given the unique circumstances, it is anticipated that anyone who presents the card is treated with discretion and are not penalised for being unable to access a legitimate need for medical cannabis.”
Cancard was created to help people who use cannabis for medical reasons, but do not have a legal prescription. In order to qualify for a Cancard, holders must have a confirmed diagnosis by their GP and have tried at least two other types of prescribed treatments (unless discounted due to adverse effects). However, this document doesn’t offer the same legal protections as those that should be guaranteed with a legal prescription from a specialist clinician.
While there are numerous positive reports of Cancard helping those medicating with self-sourced cannabis, some prescribed patients are concerned that Cancard muddies the waters. There a reports of police officers erroneously demanding a Cancard to support a legal prescription when this is not a necessary supporting document, further evidence that education within police forces is lacking.
Guidance for medical cannabis patients
Official guidance indicates that patients in possession of prescribed medical cannabis products should always ensure that their medicines are kept in their original packaging alongside a copy of their prescription, a form of recognised photo ID and, if possible, a letter from their doctor.
While, in theory, this should be enough to resolve any conflict with police regarding the possession of medical cannabis, it’s clear that this is often not the case. In some cases, it may even become necessary for patients to take legal action against police forces in order to retrieve the medications that have been confiscated. Clearly, this can have a huge toll on the already vulnerable individuals affected.
As highlighted by Dr Simon Erridge, medical cannabis clinics are usually happy to offer any further information that might be useful in cases of police involvement. However, until adequate training and education are provided to all police officers across the country, it is likely that we will continue to hear stories of patients having their medications wrongly confiscated and even being threatened with legal action.
