The story so far:
On October 6th I, along with many other people by all accounts, wrote to the Home office asking for clarification regarding the right to import medical cannabis under the Schengen agreement article 75. (See this blog entry from Setember 29th).
It was reported a few weeks later however that the Home Office had “made a mistake” and had given out the wrong advice; UK citizens were not in fact allowed to import cannabis for medical use (See this blog entry from October 31st)
A reply finally arrived from the Home Office on Thursday:
I am aware that this issue has arisen in the context of the UK’s obligations under article 75 of the Schengen Agreement which took effect in 2005. This provision allows for the free movement of travellers within the Schengen member states with their prescribed narcotic and psychotropic medication, provided they are resident in a country where that drug is legally prescribed; it has been prescribed by their doctors; it is necessary medical treatment for a maximum of 30 days and is for personal use only; and they have the appropriate certification from their relevant health authority. Of course, this is a reciprocal arrangement enabling UK residents to travel with their personal medication. The Dept of Health is the UK’s competent authority.
In respect of herbal cannabis I understand the health authorities in the Netherlands and Belgium allow herbal cannabis products to be purchased by doctors and dispensed to patients for a number of indications. In the limited circumstances described above, a Dutch or Belgium resident will be allowed to travel to the UK with herbal cannabis products prescribed in these countries.
However, a UK resident cannot rely on the Schengen Agreement to bring prescribed herbal cannabis into the UK from the Netherlands or Belgium. This activity would be in breach of UK law, amounting to the unlawful importation and possession of a controlled (sic) drug, and the UK resident would be liable for arrest and prosecution under the Misuse of Drugs Act 1971. We are committed to maintaining UK drugs laws and the government is seeking assurance from European authorities that checks in this system, including the checks that member states makes before issuing a Schengen certificate to an applicant are as robust as possible.
In the UK cannabis is controlled (sic) as a class B drug under the Misuse of Drugs Act 1971 and is listed Scehdule 1 to the Misuse of Drugs Regulations 2001 as the UK does not recognise that it has medical use. The Government recognises that there are people with chronic pain and debilitating illness who are looking to alleviate their symptoms and who may not find adequate relief from existing medication. For them, the UK does recognise the medical value of a cannabis based medicine “Sativex”, which based on an assessment of its safety and efficiancy by the UK Regulatory Agency, has recently been granted a Marketing Authorisation.
However, we have no intention of altering our position on cannabis in its raw form. Cannabis is a drug that has a number of acute and chronic health effects and prolonged use can induce dependence. Most cannabis is smoked and smoking, in any form, is dangerous. Even the occasional use of the drug can pose significant dangers to people with mental health problems, such a schizophrenia and particular efforts need to be made to encourage abstinence in such individuals.
James Brokenshire
So there you have it, the government says “NO” and is clearly having non of this medical cannabis nonsense. Brokenshire seems to have no problem with the logic that whilst politicians insist there is no medical value to be had from cannabis use, doctors in other countries are prepared to prescribe it as a ” necessary medical treatment”. I wonder who knows best, a doctor or James Brokenshire?
The final paragraph about the dangers of cannabis is really quite pathetic and even if true is hardly a justification for imprisoning adults who make an informed decision to use cannabis, let alone children or ill people who should be protected by the law rather than treated as criminals. This shows an authoritarian streak in this government totally at odds with its public claims – the true face behind the mask perhaps?
So anyway where does all this leave UK law?
by
UKCIA in
News and comment The story so far:
On October 6th I, along with many other people by all accounts, wrote to the Home office asking for clarification regarding the right to import medical cannabis under the Schengen agreement article 75. (See this blog entry from Setember 29th).
It was reported a few weeks later however that the Home Office had “made a mistake” and had given out the wrong advice; UK citizens were not in fact allowed to import cannabis for medical use (See this blog entry from October 31st)
A reply finally arrived from the Home Office on Thursday:
I am aware that this issue has arisen in the context of the UK’s obligations under article 75 of the Schengen Agreement which took effect in 2005. This provision allows for the free movement of travellers within the Schengen member states with their prescribed narcotic and psychotropic medication, provided they are resident in a country where that drug is legally prescribed; it has been prescribed by their doctors; it is necessary medical treatment for a maximum of 30 days and is for personal use only; and they have the appropriate certification from their relevant health authority. Of course, this is a reciprocal arrangement enabling UK residents to travel with their personal medication. The Dept of Health is the UK’s competent authority.
In respect of herbal cannabis I understand the health authorities in the Netherlands and Belgium allow herbal cannabis products to be purchased by doctors and dispensed to patients for a number of indications. In the limited circumstances described above, a Dutch or Belgium resident will be allowed to travel to the UK with herbal cannabis products prescribed in these countries.
However, a UK resident cannot rely on the Schengen Agreement to bring prescribed herbal cannabis into the UK from the Netherlands or Belgium. This activity would be in breach of UK law, amounting to the unlawful importation and possession of a controlled (sic) drug, and the UK resident would be liable for arrest and prosecution under the Misuse of Drugs Act 1971. We are committed to maintaining UK drugs laws and the government is seeking assurance from European authorities that checks in this system, including the checks that member states makes before issuing a Schengen certificate to an applicant are as robust as possible.
In the UK cannabis is controlled (sic) as a class B drug under the Misuse of Drugs Act 1971 and is listed Scehdule 1 to the Misuse of Drugs Regulations 2001 as the UK does not recognise that it has medical use. The Government recognises that there are people with chronic pain and debilitating illness who are looking to alleviate their symptoms and who may not find adequate relief from existing medication. For them, the UK does recognise the medical value of a cannabis based medicine “Sativex”, which based on an assessment of its safety and efficiancy by the UK Regulatory Agency, has recently been granted a Marketing Authorisation.
However, we have no intention of altering our position on cannabis in its raw form. Cannabis is a drug that has a number of acute and chronic health effects and prolonged use can induce dependence. Most cannabis is smoked and smoking, in any form, is dangerous. Even the occasional use of the drug can pose significant dangers to people with mental health problems, such a schizophrenia and particular efforts need to be made to encourage abstinence in such individuals.
James Brokenshire
So there you have it, the government says “NO” and is clearly having non of this medical cannabis nonsense. Brokenshire seems to have no problem with the logic that whilst politicians insist there is no medical value to be had from cannabis use, doctors in other countries are prepared to prescribe it as a ” necessary medical treatment”. I wonder who knows best, a doctor or James Brokenshire?
The final paragraph about the dangers of cannabis is really quite pathetic and even if true is hardly a justification for imprisoning adults who make an informed decision to use cannabis, let alone children or ill people who should be protected by the law rather than treated as criminals. This shows an authoritarian streak in this government totally at odds with its public claims – the true face behind the mask perhaps?
So anyway where does all this leave UK law?
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